County Commissioners Minutes
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January 22, 2008

The Honorable Board of County Commissioners met with the following present: Ronald H. Fithian, William W. Pickrum and Roy W. Crow presiding.

Minutes of the previous meeting were approved as amended.

Patricia Merritt, Chief Finance Officer, reported a balance of $ 13,370.464.

Commissioner Crow requested a moment of silence for those serving overseas and for the survival of everyone during the inclement weather.

BOARD OF EDUCATION

Correspondence was received from Maryland Public Schools informing that Education Week, the nation's leading education newspaper, found that Marylands state education system is ranked third in the nation for steadfast quality. Maryland received a "B" grade in the annual Quality Countrol study and had the most consistent quality of any state system on the six categories assessed on the report.

CHESTERTOWN ARMORY

Correspondence dated January 17 was received from Save the Armory-Yes (STAY), with attachment of enclosures that were submitted to the State of Maryland seeking an extension/delay in the clearinghouse process as it relates to disposition of the armory. Copies of the packet were also forwarded to the following: Governor Martin O'Malley, Treasurer Nancy Kopp, Mayor Margo Bailey, Baird Tipson, President, Ed Nordberg, Chair Board of Trustees, Washington College, Carol Wise, Director of Behavioral Health. The packet included letters in support of a request for an extension from the Town of Chestertown and Washington College.

Frank and Susan Rhodes were in the audience and informed that STAY will be meeting with the Department of Social Services and Washington College to discuss how the three groups can work together to find the best use of the Armory. Mrs. Rhodes stated that STAY continues to receive support from the community. She informed that STAY will become a formalized organization in the coming week. She also informed that feedback has not been received from the state regarding the request for an extension. Mr. and Mrs. Rhodes will plan to meet with the Chestertown Mayor and Council to seek their support in holding a public forum to allow the public to provide comments about uses for the building.

CHESTERTOWN BYPASS

Electronic correspondence dated January 16 was received from Joel Brandes attaching copies of electronic correspondence sent to Daniel Johnson, Federal Highway Administration, and a document written by Mike Pruett. Mr. Brandes stated that he is puzzled by the retention of three parcels of land in Queen Anne's County for a bypass that is in non compliance with smart growth.

DELMARVA COMMUNITY SERVICES, INC. (DCS)

Correspondence dated January 9 was received from Santo Grande, CEO/President, Delmarva Community Services, Inc. informing that DCS will submitting a grant to the Rural Passenger Transportation Technical Assistance Program sponsored by the Community Transportation Association of America (CTAA) to assist with providing local technical assistance to enhance the current transportation service delivery service of DCS/Delmarva Community Transit (DCT). The assistance will be in the form of consultation and training and does not have a fiscal impact on the County. However, it may eventually lead to requesting support from the County for expansion of services. Mr. Grande informed that DCS is requesting the Commissioners' support for this proposal. The Commissioners signed and forwarded a Letter of Support as requested.

DEPARTMENT OF WATER AND WASTEWATER SERVICES

Wayne Morris, Director, and Karl Weed, Deputy Director, appeared to discuss the following issues:

Tolchester Service Area- At the request of Mr. Morris, on behalf of the Commissioners, Gail Owings, Planning Director, informed that an additional analysis has been completed of the nine properties in Tolchester that could be added to the sewage collection system without any additional upgrades and/or extensions. During the investigation, five properties were discovered to have issues that may preclude granting a sewer allocation. Commissioner Fithian commented that there have been no reasons found as to why the four remaining property owners could not build on their properties. It was stated that the County would have to request additional allocations from the Maryland Department of the Environment (MDE). Mr. Morris stated that in order to add more allocations to the service, an amendment will need to be completed to the Comprehensive Water and Sewerage Plan and a public hearing will need to be scheduled.

Commissioner Crow questioned whether additional allocations could be requested in future. Mr. Morris stated that there are additional properties in the area that could qualify, but requests have not been submitted. It was stated that nine allocations is the maximum amount the sewer line could handle without a hydraulic review and an upgrade.

Mr. Morris stated that if the request for allocations is approved by the MDE, letters will be sent to the property owners to find out if they are still interested in allocations. He stated that a public hearing could be held within 60 days.

Ms. Owings commented that the state agencies may look unfavorably upon the County because it continues to use all of the allocations available and then request more. Commissioner Crow reminded that the Tolchester/Fairlee system has not reached capacity. He stated that the expansion is needed in order to pay for the system. He stated that in order to stimulate the economy, houses must be built and people have to continue to work.

The Commissioners approved to move forward with preparation of amendment to the water and sewerage plan.

Edesville Service Area- Mr. Morris informed that the name has been painted on the water tower in Edesville.

ECONOMIC DEVELOPMENT

US 301 Corridor - As submitted by Jack Steinmetz, Economic Development Director, the Commissioners approved and Commissioner Crow signed CDBG Semi-Annual Progress Report as it relates to grant funding for public facilities feasibility study, Project Number MD-907-ED-60.

KENT BUREAU OF INVESTIGATION (KBI)

Correspondence dated January 16 was received from Lieutenant Dwayne Boardman, Barrack Commander, Centreville Barrack, Maryland State Police, signing as Chairman of the KBI Board and announcing formation of the Kent Bureau of Investigation (KBI). The KBI is a team of investigators made up of personnel from each of the police departments located in Kent County to include the Kent County Sheriff's Office, Maryland State Police, Chestertown Police Department and the Rock Hall Police Department. The Maryland Natural Resources Police and the Kent County Office of the State's Attorney are also active participants. Lt. Boardman informed the Commissioners that KBI, which is housed at the Kent County Sheriff's Office, began operations on January 1, 2008. He advised that KBI enables investigators to team up, share information and solve serious crimes throughout Kent County. The KBI Advisory Board voted to install Lieutenant Scott Metzbower of the Kent County Sheriff's Office as the Unit Supervisior and Corporal William McFarland of the Maryland State Police, Centreville Barack, as the Assistant Unit Supervisor.

LIBRARY

Jerry Keiser, Director, appeared to discuss a budget proposal planned to be submitted for the Buildings and Grounds Capital Budget for FY09. Carter Stanton, Director, Public Works, and Bob Merritt, Maintenance Supervisor, were also in attendance. The budget proposal was for the addition of cameras to the security system to deter graffiti and trespassing on library property. Mr. Keiser stated that recent events, notably the spraying of paint on the library building earlier this week and the armed robbery that occurred earlier this month on Calvert Street have precipitated the need to request these funds for FY08. Mr. Keiser stated that motion detectors are already installed inside of the library, however, a security system is needed for outside of the library.

Commissioner Crow reminded that Bob Merritt, Maintenance Supervisor, previously put together a proposal for installation of security systems at the library and the Kent County Government Building.

Mr. Merritt presented the Commissioners with copies of a Video Surveillance System Quote prepared in February, 2007 by the Information Systems (IS) Department. The quote was to provide a video surveillance system for the Kent County Government Center, the Library and the Library Hearse House. Commissioner Pickrum commented that the IS Department is already extremely busy.

Commissioner Fithian suggested that for comparison purposes, quotes be collected from other companies for the installation and maintenance of a security system. Commissioner Crow and Commissioner Pickrum agreed with this suggestion.

Mr. Keiser informed that he has received grant notification for the renovation of the library roof. He stated that a rollover of these funds may be necessary because it is so close to the end of the fiscal year. He will now be requesting Jim Wright, County Engineer, to proceed with advertising the project for bids. He will also be presenting the proposed project to the Chestertown Historic Commission in February.

In follow up to the December 31 meeting, Mr. Keiser informed that Friends of the Library will be holding a book sale in March. The library will reconfiguring the meeting room in order to have storage space for the books. He stated that the Friends of the Library book storage issue will also be readdressed this summer. Mr. Keiser also informed that the Rock Hall Library branch has received new carpet and has experienced a 27% circulation increase.

MARYLAND DEPARTMENT OF BUSINESS AND ECONOMIC DEVELOPMENT

Correspondence dated January 15 was received from D. Gregory Cole, Executive Director, MIDFA, enclosing the 2008 Private Activity Bonds Initial Allocation of the Maryland State Ceiling. The initial allocation is based on a population of 5,618,344 at $85 per capita, totaling $477,559,240 which is the ceiling for all “Private Activity” bonds. A total of $238,779,620 is initially allocated to counties and the city of Baltimore, $11,938,981 is reserved for municipal corporations, $119,389,810 is allocated to the Community Development Administration for housing bonds, with the remainder of $107,450,829 allocated to the Secretary's Reserve. Pursuant to the law, counties may use their housing allocations for non-housing bonds. Kent County was awarded as follows:

Minimum Bonus Total Non-
Allocation Allocation Housing
Housing Allocation for Non-Housing for Non-Housing Allocation Grand Total
$ 594,771 $203,922 $0 $203,922 $798,693

NATIONAL ASSOCIATION OF COUNTIES (NACo)

Commissioner Pickrum commented that NACo's Coastal Counties Restoration Initiative (CCRI) program is now accepting grant applications for its 2008 funding round. In 2008, the initiative will provide $500,000 in grants to improve stream, river, estuarine and other important marine habitats. Commissioner Pickrum stated that this could present an opportunity for the Chester River Association (CRA) and the Sassafras River Association (SRA) to obtain grant funding for restoration projects. This information will be forwarded to the CRA and the SRA. The deadline for applications is March 24.

PERSONNEL
LEGAL

At 9:55 a.m., a motion was made by Commissioner Fithian, seconded by Commissioner Pickrum and made unanimous by Commissioner Pickrum to go into closed session to discuss personnel and legal matters in accordance with State Government Article, Section 10.508 (a)(1)(7) of the Annotated Code of Maryland.

At 9:55 a.m., the personnel closed session convened. Susanne Hayman, County Administrator, and Marty Hale, Human Resources Director, were in attendance.

Topics of discussion included filling staff vacancy in County Roads Division and Detention Center; and promotion of individual employee in Sheriff's Office.

At 10:53 a.m., Mr. Hale left and the closed personnel session adjourned and the closed legal session convened.

Susanne Hayman, County Administrator/Attorney, was in attendance.

Topic of discussion related to multi-agency Memorandum of Understanding (MOU).

At 11:07 a.m., a motion was made by Commissioner Fithian, seconded by Commissioner Pickrum and made unanimous by Commissioner Crow to adjourn the closed session.

PLANNING

Gail Owings, Director, Amy Moredock, Environmental Planner, and Bill Kerbin, Housing Planner, appeared to discuss the following issues:

Section 8 Voucher- In follow up to the January 15 meeting and a request for more information regarding how the expiration of the Section 8 contract with the Maryland Rural Development Corporation will affect the County, memorandum dated January 22 was received from Mr. Kerbin. Mr. Kerbin stated that there appears to be no changes based on the following:

- Maryland Rural Development Corporation (MRDC) was located in Greensboro.
- The State's Section 8 office is located in Cambridge- about the same difference for Section 8 clients to travel.
- MRDC used the county's meeting and conference rooms once a month to interview Section 8 clients.
- The State will use the County's meeting and conference rooms once a month to interview Section 8 clients.
- MRDC handled all administration of the program.
- The State will now handle all administration of the program.

Housing Improvement Program (HIP)- Memorandum dated January 22 was received from Mr. Kerbin informing that Yvonne Brown received HIP assistance from the County in 2004. Ms. Brown has applied for refinancing with Financial Freedom Mortgage Company for her current reverse mortgage on her home. Financial Freedom has requested that the County subordinate its grant to the new reverse mortgage on the property. Ms. Brown has a 10 year lien for $23,250 of repairs and improvements for her home. Her lien was executed on June 6, 2004. The new reverse mortgage will be in the amount of $232,500. This subordination would make Kent County in third position behind Financial Freedom and the United States Department of Housing and Urban Development. The subordination agreement has been reviewed and approved by the County Attorney.

Commissioner Crow commented that he has a problem with the County being in the third position. It was noted that the County has signed subordination agreements in 2nd place in the past. The Commissioners requested that the reverse mortgage be reviewed by the County Attorney. The County Administrator commented that this issue carries concerns of being fiscally responsible with tax payer dollars. She suggested that other jurisdictions be contacted to see how they handle subordination agreements of this type. Mr. Kerbin agreed to do so.

The Commissioners approved and Commissioner Crow signed Certificate of Satisfaction for the following:

John C. Edwards, dated January 30, 1998, and recorded in Liber M.L.M., No. 155, Folio 541 among the Kent County Land Records as it relates to Phase One, Group 2
of the HIP Program.

Gerald Rose, dated September 18, 2007 and recorded in Liber M.L.M., No. 538, Folio 206 among the Kent County Land Records as it relates to Phase Five, Stage 1.

Kennedyville Village Master Plan- Ms. Owings informed that the Kennedyville Advisory Committee met and reviewed the draft Master Plan. The Committee would like to see development being allowed to occur close to town and for amenities to come along at the same time as development.

Chestertown Gateway Plan- Ms. Owings informed that the Kent County Planning Commission and the Chestertown Planning Commission will be meeting on January 30 at Washington College to discuss the proposed Chestertown Gateway Plan. Commissioner Pickrum commented that he did not feel the Chestertown representatives are looking at the project holistically. Commissioner Crow questioned whether the town is amenable to annexation. Ms. Owings stated that there has been no commitment made to annexation. Mrs. Owings stated that traffic, water and sewer issues, etc. will need to be worked out.

QUEEN ANNE'S COUNTY COMMISSIONERS

A copy of correspondence dated January 8, addressed to Secretary John Colmers, Maryland Department of Health and Mental Hygeine, was received from the Queen Anne's County Board of Commissioners requesting assistance in making the Resource and Referral effort known as: Chesapeake HELPS!, located on the Mid-Eastern Shore, a regional pilot site and allow it to receive 211 phone calls made from the same area. Since there is no funding available from the State for this project, Queen Anne's County is willing to fund the project through another available source. Although 211 is operating in other parts of Maryland, it is not operating in Queen Anne's, Talbot, Caroline or Kent Counties. It is also not available in the majority of Dorchester County. Queen Anne's County would like the opportunity to make this service available to the Mid Shore at no additional cost to the State. Chesapeake HELPS! is a Resource and Referral program, that from inception, has been designed to operate as a 211 call center. It has been in service as Queen Anne's HELPS! from 2001-2006. In 2006, through an agreement with five county Local Management Boards, it went regional and is now serving the entire Mid-Shore. Queen Anne's County would like to be given the opportunity to begin a pilot of the service to serve those who are not currently receiving services on the Mid Shore through a 211 call center.

R. CLAYTON MITCHELL, JR. KENT COUNTY GOVERNMENT CENTER

The Commissioners questioned Carter Stanton, Director, Public Works, as to the status of placing the new name (The R. Clayton Mitchell, Jr. Kent County Government Center) on the 400 High Street property. The Commissioners requested that engraving be replaced on the cement slab holding the U.S. flag located on the corner of High and Mill Streets so that it is visible to the public.

SHREWSBURY CHURCH ROAD

In follow up to the January 15 meeting, Carter Stanton, Director, Public Works, appeared regarding the ruling in the Shrewsbury Church Road case. The County Administrator stated the court ruled that when the Commissioners closed the road in the 1940's the land that made up the roadway reverted back to the individual landowners. She stated that Mary Phipps, adjacent property owner, had no grants of right of way in the title. When the road was closed, she had no rights to use it. Ms. Phipps would like for the County to order Thomas Sperl to remove the gate. However, if the gate is removed, Ms. Phipps still would not have the right to use the road. Mr. Stanton stated that if Mr. Sperl removes the gate from the County property, he will still place it on his own property. He stated that if the gate were removed, it could open the property up to trespassing and illegal activities. He reminded that the road is very narrow and there is no way for cars to turn around. If a car was to attempt to turn around on the road, it could possibly end up rolling down the ravine. If the area were opened, it could become a liability for the county.

Commissioner Crow reiterated his concerns that when the property changes hands, future parties may misinterpret where the actual property line is located. The County Administrator stated that this case will show up in any title searches conducted on the Phipps and Sperl properties, and Mr. Sperl's written assertion the gate was put in its current location as a result of the County's giving him permission negates an adverse possession. Commissioner Crow stated that the gate needs to remain and it should be noted that it is located on County property for purposes of any future clarification.

Commissioner Pickrum questioned why Ms. Phipps can not be provided with a key to the gate and commented that the County should also have a key to the gate as the property owners.

Commissioner Fithian stated that he would like to visit the property before making a decision on this matter. No decision was made at this time. The Commissioners will schedule a site visit to Shrewsbury Church Road in the near future.

STILL POND STATION

The County Administrator informed that wiring leading to the pump station needs to be replaced at an estimated cost between $2,000- $3,000. Wayne Morris, Director, Water and Wastewater Services, stated that the gravel wire at the site is not able to carry the pumps. He stated that the problem was discovered when the old pumps were removed for the installation of new pumps. The Commissioners approved for this work to be completed and to be funded out of the FY08 contingency account.

The County Administrator noted that a concession agreement has not yet been signed with the Arts at Still Pond. She will follow up on this matter.

WORTON BUSINESS PARK

As submitted by Jack Steinmetz, Economic Development Director, the Commissioners approved and Commissioner Crow signed CDBG Semi-Annual Progress Report as it relates to grant funding for infrastructure at Worton Business Park, Project Number MD-05-ED-76.

There being no further business to claim their attention, the Board adjourned their regular meeting at 12:15 p.m. to meet again on Tuesday, January 29, 2008 at 8:30 a.m.

THE COUNTY COMMISSIONERS
OF KENT COUNTY, MARYLAND


Janice F. Fletcher
Executive Assistant

Approved:
Roy W. Crow, President