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Board of County Commissioners

February 12, 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 $6,604,369.00.


The Commissioners received correspondence from Dr. Lorraine Costella, Superintendent of Schools, inviting the Commissioners to attend the opening of the Judith P. Hoyer Childcare and Education Center at Henry Highland Garnett Elementary School on April 7 at 2:00 p.m. The Judy Center will house programs to prepare children as young as age three, for education.

Commissioner Newnam advised that he attended the Board of Education's public hearing last night relating to the budget for Kent County Public Schools. He requested a meeting be scheduled with the Board of Education to discuss the proposed FY 03 school budget.


Correspondence was received from Stephanie Lindsey, Chair, Post Prom Planning Committee, and Amy Moredock, Prevention Specialist, requesting support for the Kent County High School Substance-Free Post Prom Party, hosted by the PTSA, Kent County Substance Abuse Prevention Program and the Kent County Adolescent Substance Abuse Coalition. The Commissioners approved a donation of $100.00 advocating the event.


The County Administrator advised that Ed Spray, Superintendent County Roads, requested approval to repair the bridge on Morgnec Road near Chesterville. The bridge was recently inspected and a severe scour problem was found on the east channel. The estimated cost of repairs was $20,000 which Mr. Spray reports is available from the Highway User Funds. A motion was made by Commissioner Beck, seconded by Commissioner Newnam and made unanimous by Commissioner Fithian to approve the expenditure in the amount of $20,000 out of Highway User Funds to make repairs to the bridge.


The Commissioners received correspondence from Cathy Willis, President, Millington Volunteer Fire Company, requesting support for borrowing funds to purchase a tanker truck at a tax exempt rate. Mrs. Willis advised that the volunteer fire company plans to borrow $242,152.00 for the purchase of the tanker truck. A public hearing will be scheduled on the matter in the near future.


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

Worton Service Area - Mr. Morris advised that in May he supplied a customer with a water meter and accessories enabling him to complete a job for a customer's outstanding bill in the amount of $265.24. A memorandum, prepared by Rebecca Clark, Secretary III, provided a chronological history of the invoices sent and notification of payment overdue by the County Attorney. Mr. Morris requested direction as to discontinue water service or proceed with litigation. In light of the water and sewer payments regularly received from the customer, the Commissioners requested Mr. Morris contact the property owner to work out a payment schedule for the outstanding $265.24 equipment bill.

Mr. Morris advised that the rehabilitation of Worton well No. 3 would take place on February 26 -27. He reported that although all property owners in the Worton service area would be notified, he requested additional media coverage advising of the need for water conservation while the well is being serviced.

Worton Well Project - Commissioner Fithian inquired as to the status of the new well. Mr. Morris advised that weather permitting, the well will be in operation by April.

General - Mr. Morris advised that in concert with Maryland Department of the Environment, (MDE), a pilot test using liquid chlorine rather than gas chlorine for water treatment is underway at the Kennedyville water treatment plant. He reported that liquid chlorine did not present the safety hazards associated with chlorine gas. Mr. Morris advised that sodium levels as well as pH levels were being monitored.


Carter Stanton, Director, Public Works, reported a request to use High Street Public Landing on June 14, from 6:30 p.m. to 7:30 p.m. relating to a wedding celebration. The Commissioners approved the request.


The County Administrator advised of request from Circuit Court Judge J. Frederick Price, to purchase a printer and computer to replace the malfunctioning equipment in the Circuit Court Law Library. A motion was made by Commissioner Beck, seconded by Commissioner Newnam, and made unanimous by Commissioner Fithian, to accept low bid from Boise Office Equipment to purchase a Lex Mark printer for the amount of $92.02 and from Compaq to purchase the computer for the amount of $717.30. These expenditures will be funded from the Law Library FY 02 budget.


At 10:05 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. Carter Stanton, Director, Public Works, and

Wayne Morris, Director, Department of Water and Wastewater Services, were also in attendance.

Items of discussion included CDBG, legislation, alcoholic beverage violation, Millington Water and Wastewater Project, and Edesville water service.

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


The Commissioners received correspondence from Senator Barbara Mikulski, advising that the Elementary and Secondary Education Act re-authorization bill is now law. She reported that although this bill did not fully fund IDEA program, it will bring about long needed improvements to the Maryland Public School System. Senator Mikulski advised that she will continue her pursuit of additional education reforms in the future.

Correspondence went forth supporting Senate Bill 395 " Hunting- Regulation of Moorings-Blinds and Blind Sites" introduced by Senator Walter Baker. The Commissioners believe that the marina and hunting industries are economically important to the County and expressed their desire for a remedy that will not constrict either industry. Later in the day, Commissioners Fithian testified before the General Assembly in support of this bill.

In follow-up from last week when a request was received from Washington County Pennsylvania, Board of Commissioners advising of proposed legislation introduced a House Joint Resolution 81 in the House of Representatives proposing an amendment to the Constitution of the United States to restore the freedom to pray in schools, the Commissioners executed a resolution to support the reinstatement of prayer in public schools.

The County Administrator advised that he and Susanne Hayman, Director, Human Resources, would be testifying before the General Assembly in support of Kent Family Center Loan, HB 356. He also advised that he would be testifying later in the week in support of other legislation introduced on behalf of Kent County.


Correspondence was received from Anne Livie, Director, Local Management Board, advising that Stephanie Lindsey resigned from the Local Management Board (LMB) and submitted recommendation for consideration.


A memorandum was received for Jeff Troester, Director, Parks and Recreation, advising that repairs in addition to the installation of a dual drain, are required. Additional repairs to the pool in the amount of $100.00 to be funded from the Parks and Recreation FY02 budget was approved.


Commissioner Fithian advised of correspondence from Rick Nordhoff, Rick's Marine Services, Rock Hall, requesting to rent the slip with lift tracks to accommodate his small business which he is negotiating to move in the vicinity of Pruitt's Restaurant adjacent to the recently acquired park, formerly known as Pelorus Marina. Commissioner Fithian stated that the marina was purchased specifically for recreational use and should not compete with local marinas. Commissioner Newnam advised that an operating travel lift would present a safety issue in a park. The Commissioners unanimously agreed not to approve this request.


At 9:07 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 9:15 a.m.


Gail Owings, Director, Planning and Zoning Administration, appeared to advise that Randall Arendt, Landscape Architect, Director, National Lands Trust, appeared on February 11, to provide suggestions, alternatives to developers and assistance to the Planning Commission in sub-division planning matters. She advised that the meeting was very helpful and Mr. Arendt's suggestions remedied the immediate dilemma with Dogwood Village subdivision. Mrs. Owings displayed a proposed redesign for the Commissioners' review. The Commissioners thanked Mrs. Owings for organizing the meeting and finding a amiable solution to the planning impasse.

Mrs. Owings also reported on issues discussed at the February 7 Planning Commission meeting.


Carter Stanton, Director, Public Works, reported that at the Public Landings and Facilities Board, (PLFB), a request by Hershell Claggett for six mooring buoys was approved by the PLFB. Later in the day, Mr. Stanton noted that the request for mooring buoys was approved by the PLFB, however, not as submitted. Upon that decision, Mr. Claggett's legal representation advised that the mooring buoy application was to be either approved or denied as submitted. Hence, the PLFB denied the application due to the excessive arc of swing for the proposed moorings in Worton Creek which would have eliminated approximately thirty moorings owned by Worton Creek Marina.

Mr. Stanton reported that the current mooring buoy application requires a drawing specifying dimensions to locate the mooring buoy from the shoreline. He advised that the PLFB recommended an amendment to regulations to require all mooring buoy applications and renewals be located using the global positioning system, (GPS) to assure accuracy.

Commissioner Beck inquired if Mr. Stanton planned to purchase a GPS system for County use. Commissioner Newnam stated his opinion that the expenditure would be required to confirm the location of all moorings. Mr. Stanton was requested to obtain cost estimate for consideration during the FY03 budget process as well as check with the County Attorney as to need for amendment of local law for use of the GPS.


Carter Stanton, Director, Public Works, reported a request by the Lion's Club to use Rileys Mill Public Landing on April 21, relating to a fund raising event. The Commissioners approved the request.


Correspondence was received from Michael Messix, Vice President, Chesapeake Bank and Trust Company, establishing a letter of credit for Anthony, Judge and Ware, LLC, in the amount of $8,975.00 for landscaping and another for sediment control in the amount of $1,570.00. At the recommendation of Gail Owings, Director, Planning and Zoning Administration, the Commissioners approved to accept both letters of credit.


The Commissioners received correspondence from John Stoltzfus, representing Eastern Shore Bible Church, requesting the Letter of Credit to be released for $7,320.00. At the recommendation of Rick Myers, Chief Enforcement Officer, the Commissioners approved the release of the letter of credit in consideration that compliance has been made to Storm Water Management Ordinance.


The Commissioners were advised and invited to the Shared Opportunity Services, Inc., groundbreaking ceremony for the Kent Family Center on March 23, 2002.


The Commissioners approved and Commissioner Fithian executed the Project Assurances for the Statewide Special Transportation Program and 5311 (Public Transportation Program).


Correspondence was received noting that the Upper Shore Workforce Investment Board will meet on February 15 to further discuss a location to make services available in one location.


In follow-up from January 29 when Gail Owings, Director, Planning and Zoning Administration, advised of contact by Wal-Mart representatives to initiate further discussion on constructing a smaller store, Commissioner Beck questioned Mrs. Owings if Wal-Mart had tentatively scheduled a meeting. Mrs. Owings advised that Wal-Mart preferred not to have a public meeting. Commissioner Fithian advised that any conversations with Wal-Mart would be public or not take place at all. Commissioners Beck and Newnam concurred.

There being no further business to claim their attention, the Board adjourned to meet again on Tuesday, February 19, 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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