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The Honorable Board of County Commissioners met today with
the following present: Roy W. Crow, Scott D. Livie, and William W. Pickrum,
presiding.
T. Edward Robinson, County Administrator, was also in attendance.
Minutes of the previous meeting were approved as amended.
W. Roger Williams, Treasurer, reported a balance of $4,063,793.00.
ABERDEEN PROVING GROUND (APG)
A press release was received via electronic mail notifying that on January
25th, workers in the neutralization bay of the APG Chemical Agent Disposal
Facility were performing regularly scheduled flushing of the rinsewater
vent condenser when a rinsewater spill occurred. Because no chemical agent
escaped the neutralization bay, there was no requirement to evacuate the
facility. As a routine precautionary measure, the workers involved were
screened by the on-site medical staff and confirmed as having no agent
symptoms or exposure. This contained spill, the press release continued
to explained, will not hinder the continued draining of agent containers
at the facility.
AIRPORT
Commissioner Livie initiated discussion concerning the type of leadership
the County might take to begin moving forward on a proposed airport project
in Kent County. He expressed his opinion that, in light of the recommendations
of the Airport Study Advisory Committee, the County should create an airport
authority or other type of independent advisory group. Commissioner Pickrum
concurred that an independent airport authority could serve as an important
mechanism to determine the next steps for a proposed airport. He stated
that the County must make some choices at this time: whether or not it
is important that the County have an airport; whether or not having an
airport makes good economic sense; whether or not having an airport represents
a priority for the citizens of the County and, if it does, to set up some
form of an independent authority.
Commissioner Livie stated his belief that an airport in the County could
contribute to significantly to the County's economy by developing airport-related
businesses in proximity to the airport. Commissioner Pickrum reiterated
his opinion that the decision to build an airport in the County must be
based on evidence that it would have an overall, positive economic impact
on County businesses and tourism. He further noted that the proximity
of an airport in relation to other businesses is of minimal importance,
given the small size of the County.
Commissioner Crow voiced his belief that there are currently so many other
priorities of needs and concerns being faced by the County, all contributing
to a serious challenge given the minimal financial resources of the County
at the present time and projected into the near future. Commissioner Livie
suggested that the County partner in some way, for example with airport-related
businesses, in order to manage the projected expense of an airport.
This issue will be further discussed at a later time.
BOARD OF EDUCATION (BOE)
Correspondence was received from Bonnie C. Ward, Superintendent, Kent
County Public Schools, responding to questions posed by the Commissioners
during Dr. Ward's presentation on January 13 relating to the Fiscal Year
2004 budget adjustment pertaining to salary increases. This information
was reviewed by the Commissioners, however, further clarification is needed
due to discrepancies found where expenditures did not balance with revenues
in the budget adjustment provided. Commissioner Pickrum will contact Mr.
Siemen, President of the BOE.
COMMISSION ON AGING
Correspondence was received from James S. Urda, designated representative
of the County Commissioners, Commission on Aging, advising of the resignation
of Robert Wallace, member of the Commission on Aging.
Additional action of the Board was indicated as follows: the re-election
of Carl Starkweather, Chairperson, and Mr. Owens, Secretary.
COMMUNITY CENTER
Correspondence went forth to Senator E.J. Pipkin requesting the Senator's
consideration and sponsorship of a Senate Bond Bill for the Kent County
Recreation and Community Complex project in the 2004 legislative session
of the Maryland General Assembly. The Commissioners specifically asked
for the Senator's support of an additional $500,000 request for State
assistance in connection with site work, facility construction and equipping
of the proposed "Kent County Recreation and Community Complex - Cultural
and Recreational Complex for the Entire Family."
COUNTY BUILDING MAINTENANCE
Carter G. Stanton, Director, Public Works, appeared and reported that
he and Bob Merritt, Maintenance Supervisor, were approached by William
Newnam who currently is responsible for the cleaning of the County Government
Center, 400 High Street. Mr. Newnam has proposed that, for a four year
contract, with the cost held at the same rate as the current contract
($4,350 per month), he would clean the Court House - $1,050, the County
Government Center at 400 High Street - $2,100, and the Public Works complex
at 709 Morgnec Road - $1,200. Mr. Stanton and Mr. Merritt recommended
this extension of contract.
The Board concurred to extend Mr. Newnam's contract to four years subject
to an annual evaluation of his job performance.
COUNTY OWNED VEHICLES
COUNTY ROADS DIVISION
Carter G. Stanton, Director, Public Works, appeared and reported about
the interest of the Town of Chestertown to purchase a truck which the
County Roads Division is ready to dispose of a 1994 International Dump
Truck. Given the past policy of the Board to waive the advertising and
bidding should a municipality of the County express interest to purchase,
Mr. Stanton advised that, along with Ed Spray, Superintendent of the Roads
Division, $11,000.00 is a fair and reasonable price to propose, a price
also agreeable with the Chestertown's Town Manager.
Commissioner Livie advised that many months ago, he was informed by the
Mayor of Betterton of the Town's interest to purchase a used dump truck,
when available, from the County. Mr. Stanton stated that he would contact
Mayor Sorge and inquire about the status of Betterton's interest. No action
was taken at this time.
DEPARTMENT OF BUSINESS AND ECONOMIC DEVELOPMENT (DBED)
Correspondence was received from Aris Melissaratos, Secretary, DBED, outlining
the 2004 Private Activity Bonds Initial Allocation of the Maryland State
Ceiling.
DEPARTMENT OF WATER AND WASTEWATER SERVICES
Wayne Morris, Director, Department of Water and Wastewater Services, appeared
and reported about the following:
Tolchester Service Area - Dorothea M. McSorley responded to Mr.
Morris' correspondence, indicating her decision to follow through with
the sewer allocation for her property. Mr. Morris indicated that he has
not received a response from Charles Smith concerning his sewer allocation,
adding that if no written response is received by January 30, 2004, he
will recommend rescinding the County's approval of Mr. Smith's request.
Rock Hall Service Area - Mr. Morris indicated that the Town of
Rock Hall is ready to move forward with the upgrading of their water system
and that, therefore, the County should be prepared to uphold its agreement
to share in the costs of those upgrades as per the Memorandum of Agreement
(MOA) between the County and the Town of Rock Hall. These costs are included
within the Fiscal Year 2004 budget.
Edesville Service Area - Referring to the emergent state of the
lagoons in Edesville, Mr. Morris reported that, despite the recent removal
of some of the contents, the lagoons remain at capacity. Mr. Morris recommended
that discussion take place with the Planning and Zoning Department to
determine whether or not Edesville could be reconsidered for inclusion
as a Priority Funding Area (PFA), given the new interpretation of the
laws. He also recommended that the County include in its Comprehensive
Plan a Water and Wastewater Plan.
Commissioner Pickrum encouraged Mr. Morris to discuss with Gail Owings,
Director of Planning and Zoning, the options available for defining Edesville
as a PFA. Mr. Morris noted that the PFA status would be granted only if
the area in question has a failing septic system.
Commissioner Livie encouraged Mr. Morris to research "non-traditional"
sources of funding, citing, as an example, discussions with the Chester
River Association.
Governor Ehrlich's Chesapeake Bay Watershed Restoration Fund -
Commissioner Crow initiated discussion about this Restoration Fund and
its impact on the municipalities of the County. Mr. Morris expressed his
belief that the all municipalities would be affected by the surcharge
and that the only town in Kent County to benefit from the Fund would be
the Town of Chestertown since it has been identified as having a major
wastewater treatment plant.
This Fund, which will be administered by the Department of the Environment
(MDE), will create a dedicated fund to upgrade the 66 largest sewage treatment
plants, located in 23 jurisdictions around the State, to achieve state-of-the-art
nutrient removal. An environmental surcharge will be set at $2.50 per
month, per household, a surcharge on businesses will be based on the wastewater
they generate ($2.50 per month for every 250 gallons per day of discharge).
The design and construction of the upgrades for the first plants will
begin in 2005; the construction of all 66 major sewage treatment plants
can be initiated by 2009 and completed by 2011.
Mr. Morris indicated that it will be very difficult and very costly to
meet the goals for the nutrient removal as indicated by this initiative.
Commissioner Pickrum inquired as to whether or not any of the smaller
sewage treatment plants will receive any financial support from this Fund,
to which Mr. Morris responded that smaller systems identified as the minor
wastewater facilities would not receive any funding.
Commissioner Pickrum then advised that the County begin discussions with
its local delegation concerning the challenges that it faces in light
of the requirements of the Restoration Fund. Mr. Morris concurred with
Commissioner Pickrum's suggestion that a statement be drafted by the County
requesting that this new legislation be revised to better represent the
challenges currently faced by the municipalities with smaller treatment
systems.
Mr. Morris and the Board concurred that the County should be in dialogue
with the Rural and Regional Councils about the Restoration Fund and other
State and Federal water and wastewater restrictions which environmentally
and financially impact the smaller and more rural counties in different
ways than the other counties in the State. Mr. Morris and the Board also
concurred that it is in the interest of everyone that the water quality
of the Chesapeake Bay be improved, and that all counties, large and small,
be held accountable, as is Kent County, for meeting the water and wastewater
regulations.
Millington Service Area - Mr. Morris indicated that the County
expects to have a bid opening for the construction of the new water system
in March and that the County currently has bond counsel under contract
for this project.
Worton Service Area - The Commissioners approved and signed five
Public Works Agreements by and between the County and Charles Dudley Reed
for the following properties in the Worton Service Area: Map 20,
Parcel 71, Lots 1,2, 3, 4, and 5.
Water and Sewer Rates - Electronic mail was received from Margot
Kindig, a resident of Fairlee, who expressed her belief that the County
should consider amortizing the cost of water and sewer services equally
among all the districts in the County, which would equal approximately
$138.00 per district. She also indicated that she does not feel that it
is fair that the residents of Fairlee be held "accountable" for the "lions
share of burden in payments, when in actuality they have the most water."
A response will go forth.
DETENTION CENTER
Memorandum was received from R.L. Howell, Warden, requesting approval
to proceed with constructing an additional parking area to accommodate
the ever increasing number of vehicles at the multi-agency complex which
includes the Detention Center. The estimated cost quoted was $2100. He
further requested that consideration be given to funding this project
for the Fiscal Year 2004 contingency account, given the multi-use of the
complex. Warden Howell explained that the additional parking will benefit
not only the current employees of the three departments located there,
but also other people who come to the complex to attend meetings, to serve
as volunteers, and to visit the inmates at the Detention Center.
The Commissioners requested the County Administrator to contact the County
Roads Superintendent for further details. This matter will be further
considered toward the end of the fiscal year.
EMERGENCY MANAGEMENT AGENCY(EMA)
A bid opening took place at 9:25 a.m. on Tuesday, January 27, 2004 in
the Hearing Room of the County Commissioners, for Project No. EMA 04-04,
digital multi-channel voice logging recorder for the Kent County EMA.
Jim Wright, County Engineer, and Robert Rust, Jr., Director, Emergency
Management Agency, were in attendance. The project will consist of the
furnishing and installation of an advanced computer based multi-channel,
voice-logging recorder using digital technology and ancillary equipment
at the EMA. The contractor will be responsible for proving the required
voice logging recorder and all necessary ancillary equipment necessary
to provide a complete and operational system.
The bid tabulation was as follows:
Information Products of Maryland, Inc. ....$24,492 8509
Harford Road Baltimore, MD
Digital Loggers, Inc. ............................. $29,400 2695
Walsh Avenue Santa Clara, CA
Dictaphone ..............................................$34,702 3191
Broadbridge Avenue Stratford, CT
The estimated cost was $26,000. The Commissioners requested Bob Rust,
Director of the Emergency Management Agency, to review the bids and present
his recommendation at the next Commissioners' meeting.
GOVERNOR'S OFFICE OF CRIME CONTROL AND PREVENTION (GOCCP)
Correspondence was received from Allan C. Woods, III, Director, GOCCP,
reporting that the GOCCP is coordinating the development of a new statewide
criminal and juvenile justice strategy that is expected to become the
framework for more effective administration of federal and state funds
intended for criminal and juvenile justice innovations, improvements,
and program development purposes.
The GOCCP requested that by March 1, 2004, each jurisdiction submit either
any existing local strategies currently developed, or a list of priorities,
citing specific data, as they relate to potential grant applications to
fund future programs and initiatives designed to improve the functioning
of the criminal and juvenile justice systems. Ms. Hayman sent copies of
this correspondence to the Local Management Board and the Kent County
Sheriff's Office, both of which receive GOCCP funding.
HEALTH INSURANCE
Memorandum was received from Sheriff John F. Price reporting his awareness
of discontent among the employees of the Sheriff's Office regarding the
current health insurance plan as to financial hardship caused by the increase
in co-pays for doctor visits and prescriptions.
KENT COUNTY HEALTH DEPARTMENT
Dr. Leland Spencer, County Health Officer, appeared and was welcomed by
Commissioner Pickrum on behalf of the Board and the County. Dr. Spencer
began his work as County Health Officer, a position shared by Caroline
County, on January 21st. Commissioner Crow indicated that he is looking
forward to Dr. Spencer's energy and motivation. Commissioner Pickrum concurred,
advising that Dr. Spencer's department is important not only to the health
and welfare of the citizens of Kent County, but also for its contribution
to quality customer service provided by the County to its citizens and
visitors.
Commissioner Pickrum outlined some of the concerns facing the County related
to the Health Department:
- the increase in housing and business development and, thereby related
perc concerns;
- the County's Tobacco Ordinance which regulates the sale of tobacco products
by retailers, and the possession of tobacco products by minors;
- the use of alcoholic beverage by minors.
Commissioner Pickrum also informed Dr. Spencer that the Health and Planning
and Zoning Departments work very closely together in Kent County. Commissioner
Livie pointed out the increase of uninsured County citizens as another
health concern of the County. Dr. Spencer added that many of those uninsured
citizens represent mental health concerns and needs, inclusive of addictions.
Commissioner Pickrum concluded his statements by adding that because Kent
County has a relatively small population, it does not have a "lot of clout";
therefore, the citizens and their political representatives try to speak
out as much as possible to their State and Federal government representatives.
Commissioner Pickrum asked Dr. Spencer to contribute to that effort as
well, serving as an advocate for the County.
LAND ACQUISITION
At 11:10 a.m., a motion was made by Commissioner Crow, seconded by Commissioner
Livie and made unanimous by Commissioner Pickrum to go into executive
session to discuss potential land acquisition in accordance with State
Government Article, Section 10.508 of the Annotated Code of Maryland.
Those in attendance were Susanne Hayman, County Attorney, Jeff Troester,
Parks and Recreation Director, Andrew Bradley and his attorney, C. Daniel
Saunders.
The executive session adjourned at 12:05 p.m.
LEGAL COUNSEL
At 10:50 a.m., a motion was made by Commissioner Crow, seconded by Commissioner
Livie and made unanimous by Commissioner Pickrum to go into executive
session with Susanne Hayman and Alexander P. Rasin, III, County Attorneys,
for legal counsel in accordance with State Government Article, Section
10.508 of the Annotated Code of Maryland.
Item of discussion included potential land acquisition.
The executive session adjourned at 11:00 a.m
At 12:15 p.m., a motion was made by Commissioner Crow, seconded by Commissioner
Livie and made unanimous by Commissioner Pickrum to go into executive
session with Susanne Hayman, County Attorney, for legal counsel in accordance
with State Government Article, Section 10.508 of the Annotated Code of
Maryland.
Item of discussion relating to tax exempt financing.
The executive session adjourned at 12:50 p.m.
LEGISLATION
Correspondence was received from John W. Cole, President, Roger L. Layton,
Vice-President, and Mario J. Gangemi, Member, Caroline County Commissioners,
pertaining to the Development Excise Tax Authority (Article 25B, 13F),
and addressed to "Fellow Code Home Rule County Commissioners" of Allegany,
Charles, Kent, Queen Anne's, and Worcester Counties. The letter indicates
that the County Commissioners of Caroline County have requested their
General Assembly delegation to again introduce legislation during the
2004 Session to increase the per lot cap on development excise taxes imposed
under Article 25B, 13F of the Annotated Code of Maryland. The use of
revenue generated by the 13F development excise tax is limited to public
school facilities and improvements.
The approach to the 2004 General Assembly is two-pronged: increasing the
development excise tax cap to $5,000 per lot, and repealing the sunset
provision. The letter reports that State law provides that such legislation
apply to all Code Home Rule counties, unless limited to one or more classes
of code home rule counties.
The Caroline County Board requested input and the support of this local
legislative initiative, expressing their firm belief that flexibility
in setting the amount of the development excise tax, including the justification
for such, "belongs squarely at the local level."
A letter of support will be prepared as requested.
LIBRARY
At the recommendation of the Board of Library Trustees, the Commissioners
approved to re-appoint James Blake to serve a 5-year term ending January
1, 2009.
MARYLAND DEPARTMENT OF THE ENVIRONMENT (MDE)
Correspondence was received from Caleb C. Gould, of Laurel, Maryland,
indicating that Teel's Lake Limited Partnership submitted an application
to the MDE, Water Management Administration (WMA), for a permit to make
repairs to the principle spillway. The project site, he explained, is
located on Swanton Creek, east of Gregg Neck Road and west of Wilson Point
Road. Mr. Gould described the project as consisting of slip lining the
pipe through the spillway and grouting the concrete block riser structure.
And because the County is a contiguous property owner or an appropriate
local official, Teel's Lake Limited Partnership is required to notify
the County of the proposed project pursuant to Environment Article 5-506.
Mr. Gould further indicated that plans for the proposed project have been
submitted to the MDE, Dam Safety Division for evaluation, and parties
interested in reviewing the plans may do so by contacting this Division.
MARYLAND'S MOST BEAUTIFUL PEOPLE
Correspondence was received from Governor Robert L. Ehrlich, Jr. announcing
the start of the 18th Annual "Maryland's Most Beautiful People" Volunteer
Awards project. This project, sponsored by the Maryland Your Are Beautiful
Program, honors individuals whose volunteer service improves the quality
of life for Maryland's citizens and visitors. The Governor requested the
County's assistance for 2004 by appointing a coordinator, who will promote
the "Maryland's Most Beautiful People" Volunteer Awards project in Kent
County. The Commissioners appointed Janice F. Fletcher to serve as the
Coordinator.
MERCURY CAP AND TRADE EMISSION PROPOSAL
Correspondence was received from Congressman Wayne T. Gilchrest, referring
to a letter which he received from James L. Connaughton, Chairman of the
White House Council on Environmental Quality, pertaining to an Administrative
proposal for a power plant mercury emissions cap-and-trade program. Congressman
Gilchrest expressed his concern about this approach because of a recently
published analysis by Environmental Defense which illustrates the dangers
of local mercury deposition.
The Congressman reported that he expressed his concerns to the President's
Administration, and encouraged the Commissioners to learn more about this
issue and the Administration's proposal by visiting the EPA website at
www.epa.gov/mercury/1880338.pdf and to contact the Administration
with any of their concerns. Enclosed with his letter was also a copy of
an article published in the Washington Post (December 10, 2003), "Report
Cites 10 States' Mercury Pollution: Environmental Advocacy Group Uses
EPA Data to Pinpoint Hot Spots'".
PERSONNEL
At 10:15 a.m., a motion was made by Commissioner Crow, seconded by Commissioner
Livie and made unanimous by Commissioner Pickrum to go into executive
session with Dr. Leland Spencer, Health Officer, to discuss personnel
matters in accordance with State Government Article, Section 10.508 of
the Annotated Code of Maryland.
Susanne Hayman, Human Resources Director, was also in attendance.
The executive session adjourned at 10:50 a.m.
At 12:50 p.m., a motion was made by Commissioner Crow, seconded by Commissioner
Livie and made unanimous by Commissioner Pickrum to go into executive
session to discuss personnel matters in accordance with State Government
Article, Section 10.508 of the Annotated Code of Maryland.
Susanne Hayman, Human Resources Director, was also in attendance.
The executive session adjourned at 1:15 p.m.
PLANNING
Carla Martin, Community Planner, and Gail Owings, Director, Planning and
Zoning, appeared and reported that in May 2002, Kent County was selected
by the Sonoran Institute as a case study for a land use planning field
guide for rural communities which would be prepared by the Sonoran Institute
and the National Association of Counties (NACo). Kent County was chosen
as a case study of a successful purchase of development rights program
because the County has a high number of acres under easement and because
the County is a rural county.
The guide, The Planning for Results Guidebook: Practical Advice for
Building Successful Rural Communities, was published at the end of
2003. Ms. Martin and Mrs. Owings indicated that, in conjunction with the
release of the guidebook, the Sonoran Institute and NACo proposed a session
for the APA's National Planning Conference in Washington, D.C. at the
end of April 2004. They were contacted about the County's willingness
to participate on the panel and noted that this invitation is a great
honor for the County. The APA selected the session for the Planning Commissions
and Elected Officials track and scheduled the session for April 28, 2004,
8:45 a.m. to 10:00 a.m. At the invitation of the Sonoran Institute, Commissioner
Pickrum agreed to serve on this panel.
Mrs. Owings, Amy Moredock, Environmental Planner, and Mrs. Martin expressed
interest in attending the conference. The cost for registration and lodging
is approximately $2700. Mrs. Owings advised that she only has $940 within
the current budget to cover this expenditure. The Commissioners approved
the expenditure of $1760 out of contingency to cover their attendance.
Gail Owings, Director of Planning and Zoning, responding to several of
the Commissioners' questions, reported that the Planning Commission continues
its work on the County's Comprehensive Plan collecting data and conducting
further visioning sessions involving Washington College, the Town of Galena
and the Kellogg Foundation, with the goal for the completion of the Comprehensive
Plan to take place in June 2005.
Regarding the moratorium on development in the Community of Tolchester,
Mrs. Owings reported that the Committee is in the process of writing the
respective report. Regarding policy concerning the double-wide trailers
in Tolchester, Mrs. Owings indicated that owners of said trailers are
asked to contact the respective community association for regulations
pertaining to trailer-permits.
PUBLIC LANDINGS
Commissioner Crow invited Carter Stanton, Public Works Director, to review
the annual report of the Public Landings and Facilities Board. Future
projects include the following: the Sharp Street bulkhead, Bayside Public
Landing, Still Pond Creek dredging project, and the trailer permit revenue
project.
SCENIC BYWAY
Gail Owings, Director of Planning and Zoning, reported about her work
with Carla Martin, Community Planner, and Bernadette VanPelt, Director
of Tourism, concerning the near-completion of background work on the Interpretive
Plan. She also indicated that consultants will soon be ready to meet with
a committee being formed to work on this Plan. She further indicated that
the Steering Committee will be composed of members from the Management
Team of government representatives and two citizen representatives from
each county. The role of the Committee will be to provide feedback and
information to the consultants during the development of the plan. Appointments
will be made at a later time.
SHERIFF'S OFFICE
Memorandum was received from Sheriff John F. Price requesting authorization
to purchase three new patrol vehicles for Fiscal Year 2005 given the status
of mileage and condition of the current patrol fleet. The Sheriff advised
the purchase as soon as possible to take advantage of the reasonable quotes
which he obtained from Hertrich Fleet Services, Inc. Patrol vehicles ordered
would be invoiced after July 1, 2004. The unit price of the proposed 2004
Ford Crown Victoria is $20,319.00. This request will be further discussed
with Sheriff Price.
There being no further business to claim their attention, the Board adjourned
to meet again on Tuesday, February 3, 2004.
THE COUNTY COMMISSIONERS
OF KENT COUNTY, MARYLAND
Janice F. Fletcher
Executive Assistant
Approved: William W. Pickrum, President
Please contact Ileana Lindstrom or Janice Fletcher at (410)
778-7435 or by e-mail with
any questions or comments.
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