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KENT COUNTY, MARYLAND


Board of County Commissioners

March 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.

The Honorable Board of County 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 $7,157,929.00

BAYSIDE PUBLIC LANDING

The Commissioners approved to have Bayside Public Landing to include the newly acquired county land (formerly known as Pelorus Marina) surveyed. Once the property has been surveyed, the Commissioners will authorize placement of permanent markers for easy identification.

In follow-up from last week, Carter Stanton, Director, Public Works, provided the Public Landing and Facilities Board comments relating to the regulations and criteria for assigning boat slips at the Bayside Public Landing.

1) Recommendation was made for slips to be allotted on a first come first serve basis at 8:30 a.m. on Monday May 6, 2002. The Commissioners requested Mr. Stanton to hold this allotment on site rather than the Public Works Complex. Mr. Stanton agreed to do so.

All other recommendations were approved as follows:

2) An advertisement shall be placed in the Kent News two weeks prior to May 6, 2002.

3) Slips shall be assigned according to length of vessel.

4) Should all 50' slips be assigned, the next applicant with a vessel over 38' may request, in writing, to be put on a waiting list, the same would be applicable for the smaller slips.

5) Slips shall be limited to one per person.

6)The Slip fees should be twelve hundred ($1,200.00) dollars for vessels of thirty-eight (38) feet and one thousand ($1,000.00) dollars for vessels under thirty-eight feet.

7) The first slip rental shall be due on May 6, 2002. If the assigned slip has been vacated, the applicant may use the slip gratis for the month of May. The contract date will not begin until June. Subsequent to this, the semi-annual payments shall be due on the last County government working day of October and April of each year.

8) Three slips shall not be assigned to allow for expansion, if necessary.

COMMISSION ON AGING

Ruth Brice and Elnora Bond were appointed as members of the Commission on Aging to fill two unexpired terms ending December 31, 2004.

DELMARVA SPACE TRAINING CENTER

In a follow up to request submitted by Ken Beatty, Director, for use of the "Hearse House" to house space historical and educational memorabilia and equipment. Before any decision is made, Mr. Beatty will be requested to provide the following: 1) current list of Board of Directors , 2) a formal business plan, 3) funding sources, 4) list of equipment to be located at this site and 5) architectural plan.

COMMUNITY/RECREATION CENTER

The Commissioners received an update from Charles "Chip" MacLeod. on House Bill 505/Senate Bill 642 Bond Bill requests for the Community/Recreation Center to be located in Worton.

COUNTY GOVERNMENT CENTER

As a result of the present telephone contractor going out of business, and at the request of Jim Wright , Purchasing Coordinator, the Commissioners approved and the County Administrator executed a maintenance contract with Nextira One for the Kent County Government Center phone system in the amount of $2,461.92 for a three year extension.

COUNTY OWNED VEHICLES

Jim Wright, Purchasing Coordinator, provided a bid tabulation for the County owned vehicles used by the Parks and Recreation Department, from the November 30 bid opening held at the Public Works Complex. The following bid was received:

Bidder Vehicle No.1 Vehicle No. 2

1990 Caprice 1991 Ford F350

139,715 mileage 280,729 mileage

Marty Davidson $35.00 $125.00

As recommended by Mr. Wright, a motion was made by Commissioner Beck, seconded by Commissioner Newnam, and made unanimous by Commissioner Fithian to approve the bid as presented.

COURT HOUSE

In follow-up from December 18, 2001, J. Frederick Price, Judge, Circuit Court, and Sheriff John Price appeared to discuss Courthouse security. Susanne Hayman, Human Resources Director, Carter Stanton, Director, Public Works, and Captain Phil Russum, were also in attendance. Due to the nature of the discussion surrounding proposed courthouse security details, Judge Price requested an executive session. At 8:32, 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 Judge Price, Sheriff Price, Ms. Hayman, Mr. Stanton, and Captain Russum, to discuss public security in accordance with State Government Article, Section 10.508 of the Annotated Code of Maryland.

The executive session adjourned at 9:10 a.m.

DEPARTMENT OF SOCIAL SERVICES

Kirk Wilborne, Program Specialist, Office of Transitional Services, contacted this office to advise of additional funding available statewide for The Emergency Food Assistance Program (TEFAP) for Fiscal Year 2002 (which is administered by the Department of Social Services.) As recommended by Mr. Wilborne, a letter will go forth requesting an increase of $900.00 to store and distribute additional foods being offered in the TEFAP for Fiscal Year 2002.

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 - In follow-up from last week, Mr. Morris provided a copy of correspondence directed to Richard Parks, P.E., The ARRO Group, Inc., advising of his comments on the Edesville Water Main Extension Plan.

Rev. Ruben Freeman, President, Edesville Homeowners Association, appeared to inquire as to the status of water and sewer liens on Edesville residents.

Jack Canan, Housing, Community Development Coordinator, was requested to appear to provide an update. He advised that typically, the County Attorney does not notify the homeowner of the automatic release of a lien. Mr. Canan stated that he will review the files and make an effort to devise a system to notify homeowners. Commissioner Beck stated his opinion that homeowners should be notified of the release of a lien.

Worton Well Project - Mr. Morris provided a copy of correspondence from Mark Williams, Senior Project Management, Earth Data, Inc., with a bid tabulation for the Worton Well Project. The bids are as follows:

Shannahan Artesian Well Company Inc. $ 87,502.00

Somerset Well Drilling Company, Inc. $ 93,227.00

Sydnor Hydro, Inc. $109,849.00

Mr. Williams recommended to award the bid to Shannahan Artesian Well Company Inc. Mr. Morris concurred. A motion was made by Commissioner Newnam, seconded by Commissioner Beck and made unanimous by Commissioner Fithian to award the bid to Shannahan Artesian Well Company Inc.

Worton Service Area - Mr. Morris advised that another chlorine pilot test is being initiated at the Worton facility. He reported that like the Kennedyville pilot test, liquid chlorine will be used instead of the gas form of chlorine for water treatment, however, this pilot test has the capability to monitor chlorine levels and distribute the chemical as needed.

General - In follow-up from February 19, Mr. Morris provided information on a alternate 10-Year Tank Management Service Proposal which would extend the guarantee period from 8 to 10 years. He advised that Corrosion Control offered an alternate plan after inspecting the tanks. A motion was made by Commissioner Beck, seconded by Commissioner Newnam and made unanimous by Commissioner Fithian to approve the extended contract.

Mr. Morris provided a copy of correspondence from George Keller, Acting Program Administrator, Water Quality Infrastructure Program, advising that the following projects are not eligible for funding from the Water Quality State Revolving Loan Funds at this time: Kent County Refinance Projects, Rock Hall WWTP & Collection System, Fairlee Sewer Upgrade & Lagoon Abandonment, Tolchester/Delta Heights Sewer Collection & Treatment, and Piney Neck/Skinners Neck Collection & Treatment. Mr. Keller reported that the projects have not been designated as Priority Funding Areas. Mr. Morris reported of a tentative meeting scheduled on April 1 to further discuss the requirements relating to the designation of Priority Funding Areas as it relates to the above mentioned Kent County projects.

Drought Coordinator - Mr. Morris reported that the Governor is planning to implement mandatory water restrictions for central Maryland, however, he is not aware of any local, major drought issues.

EDESVILLE PARK

In follow-up from March 5 when Commissioner Fithian expressed concern for the safety of youngsters in that the Edesville Park playground equipment and pavilion were located close to MD Route 20 without protective fencing, Jeff Troester, Director, Parks and Recreation, appeared and recommended a fence be erected on the perimeter of the park parallel to MD Route 20 and Lovers Lane. Mark Dixon, Maintenance Supervisor, and Rev. Ruben Freeman, President, Edesville Homeowners Association, were also in attendance. Mr. Troester reported that after securing estimates, the cost to erect a four foot chain link fence to be $4,176.00. He advised of $2,100.50 available in the FY 02 Capital Project Budget Funds to fund the expenditure leaving a balance of $2,075.00.

A motion was made by Commissioner Newnam, seconded by Commissioner Beck and made unanimous by Commissioner Fithian to fund the remaining amount needed, $2,075.00, for the construction of a fence from the Contingency Fund.

Rev. Freeman inquired as to the condition of the Edesville Park ballfields. He noted that the Edesville ballfield appeared to be in poorer condition than other Kent County ball fields. Mr. Troester advised that Worton ball fields were renovated in December, resulting in their manicured appearance so early in the Spring. Mr. Troester reported that typically all ballfields are groomed on or about April 1 and assured that the Edesville ball field would be prepared near that date.

FAIRLEE MANOR
COMMUNITY DEVELOPMENT BLOCK GRANT

The Commissioners received correspondence from Cindy Stone, Deputy Administrator Federal Resources, Maryland Department of Housing and Community Development, advising of the review to measure the implementation of the Community Development Block Grant (CBDG) for Fairlee Manor. She reported the review did not recommend any findings or corrective actions.

GALENA VOLUNTEER FIRE COMPANY

The County Administrator received electronic mail from Gregg Bird representing Galena Volunteer Fire Department advising of the Company's interest in providing a permanent landing site for helicopters and of plans to seek support from government agencies.

HOMELAND SECURITY ADVISORY SYSTEM

The Commissioners received notification of the Homeland Security Advisory System which will provide a means to disseminate information regarding the risk of terrorist attacks on Federal, State and local authorities as well as the American public. The advisory system will be the foundation for the dissemination of information to all levels of government and public.

HOME OWNERSHIP FAIR

Correspondence was received from Jack Canan, Housing and Community Development Coordinator, requesting direction and approval to cancel the 2002 Home Ownership Fair. He advised that due to increasing workload and waning interest in the Fair, he sought the Commissioners recommendation on the matter.

HOUSING IMPROVEMENT PROGRAM

The Commissioners received correspondence from Jack Canan, Housing and Community Development Coordinator, and Kay Pinder-Almen, Administrative Aide, Housing and Community Development, advising of the extreme conditions found when rehabilitating under emergency circumstances on the Housing Improvement Program (HIP) Project for applicant residing on 7538 Poplar Avenue, Chestertown, MD. Photographs were provided illustrating severe structural problems. The cost of estimated repairs has increased to a total of $74,891.00. Mr. Canan and Ms. Pinder-Almen advised that although the total rehabilitation cost is greater than other projects, the dwelling is home to seven occupants. They requested permission to proceed with the rehabilitation and noted the matter has been discussed with a CDBG Field Representative. The Commissioners approved for Mr. Canan to proceed with this HIP project.

KENNEDYVILLE BRIDGE #K0014

In follow-up from last week's report of the necessity to use a crane to disassemble the temporary bridge, Carter Stanton, Director, Public Works, and Ed Spray, Superintendent, County Roads, appeared to advise the cost to remove the temporary bridge will be $2,500. He recommended the work be performed by Covington Machine and Welding, the contractor who installed the temporary bridge. Mr. Spray requested the standard bid procedure be waived for this work. Mr. Spray advised this portion of the project could be funded from FY 02 Highway User Funds. The Commissioners approved this request.

KNOCKS FOLLY

Commissioner Fithian reported on his attendance at meeting before the Maryland Historical Trust (MHT) on March 15 as it relates to structure placed by the curator on the Knocks Folly property without prior written authorization by the State (verbal permission had been granted) . Accompanying Commissioner Fithian at this meeting was Jon Mullen, Curator, Stewart Barroll, Esquire, and Jeff Troester, Parks and Recreation Director. Commissioner Fithian gave recognition to the beautiful restoration project Mr. Mullen completed on the homesite at Knocks Folly and spoke in support of the garage constructed on the same location where another building formerly existed. As a result of this meeting, the MHT will give Mr. Mullen the opportunity to check with the Critical Areas Commission to see if this structure could be relocated elsewhere on this property.

LEGAL COUNSEL

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 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 Housing Improvement Program and legislative issues.

The executive session adjourned at 11:15 a.m.

LEGISLATION

Interest was expressed by Sheriff Price and Delegate Walkup to add Kent County to House Bill 1285 entitled Talbot County and Dorchester County Chief Deputy Sheriff and Deputy Sheriff - Employment Status whereby the Sheriff may not refuse to reappoint a deputy sheriff without just cause. The Commissioners concurred.

MARYLAND DEPARTMENT OF PLANNING

The Commissioners received a copy of Maryland's Changing Land: Past, Present, and Future, a State wide analysis of land use trends from Deborah Weller, Maryland Department of Planning.

MD ROUTE 213/KENNEDYVILLE

Commissioner Fithian reported that as result of contact made to the State Highway Administration by R. Clayton Mitchell, Jr., the railroad tracks crossing MD Route 213 in Kennedyville will be repaired. He stated the railroad track crossing has deteriorated to the point of causing a jarring ride and are in dire need of repair.

MOORING BUOY REGULATIONS

In response to Notice of Appeal received from Harris P. Murphy, Esquire, an administrative review has been scheduled for April 30 at 1:00 p.m. on decision made by the Public Landings and Facilities Board on February 11 on application submitted by Herschell B. Claggett for six moorings in Worton Creek.

NUISANCE ORDINANCE

In follow-up from last week, the Commissioners received a copy of correspondence from Rick Myers, Chief Enforcement Officer, directed to Mr. Kershaw, Rock Hall, advising that the Ashley Zoning Violation has been forwarded to Mitchell Mowell, Esq., Planning and Zoning Administration Attorney.

A copy of District Court Order was received from Cynthia L. McCann Mulligan, Esq., of Funk & Bolton which was issued on March 7 as it relates to property owned by Mary C. Brown located on Augustine Herman Highway.

PERSONNEL

At 9:10 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 Sheriff John Price 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.

At 11:50 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 in accordance with State Government Article, Section 10.508 of the Annotated Code of Maryland. Commissioner Newnam was not in attendance for this portion of the meeting due to obligations with his employer, Verizon.

The executive session adjourned at 12:00 noon.

At 1:25 p.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 in accordance with State Government Article, Section 10.508 of the Annotated Code of Maryland.

The executive session adjourned at 1:40 p.m.

PROCLAMATION

"Fair Housing Month" - Jack Canan, Housing, Community Development Coordinator, Kay Pinder-Almen, Administrative Aide, appeared to request the Commissioners to proclaim the month of April as "Fair Housing Month" in Kent County and to encourage fair and equal opportunity housing throughout the year.

Mr. Canan advised that the County has utilized approximately $900,000 in funding to date to assist in home rehabilitation.

The Commissioners read and presented Mr. Canan with a proclamation as requested.

PUBLIC WORKS COMPLEX

In follow-up from last week, and after review of the bids for the County Roads metal building, Carter Stanton, Director, Public Works, and Ed Spray, Superintendent, County Roads, appeared to advise of their recommendation to award the bid to Morton Buildings, Inc. Mr. Spray reported that although Morton Buildings, Inc., submitted a high bid, the low bidder, Unlimited Structures, Inc., was reluctant to submit certification (relating to the warrantee) of materials for this project. Per Mr. Spray's recommendation, a motion was made by Commissioner Newnam, seconded by Commissioner Beck, and made unanimous by Commissioner Fithian to award the bid to Morton Buildings, Inc. The Commissioners approved and executed a contract by and between the Commissioners of Kent County and Morton Buildings, Inc., to construct a building in the amount of $97,647.00 in conformity with the bid schedule. The estimated amount of this structure was $105,000.

ROAD SIGNS
LOCUST GROVE ROAD/SHALLCROSS WHARF ROAD

Correspondence was received from Ed Spray, Superintendent, County Roads, advising of the request by Joe Karlik, for a 4-Way Stop Sign installed at the intersection of Locust Grove Road and Shallcross Wharf Road. Mr. Spray reviewed the circumstances and advised he concurred with the request. The Commissioners approved this request.

RENTAL ALLOWANCE PROGRAM

The Commissioners approved and Commissioner Fithian signed the Rental Allowance Program (RAP) Local Program Application as well as the RAP Grant Agreement by and between the Community Development Administration and Kent County for funding in the amount of $10,873.00 for use in making short term fixed monthly rental assistance payments to eligible recipients occupying eligible housing units. This program is administered by Shirley C. Williams, Assistant Director, Family Investment, Department of Social Services.

TOLCHESTER SITE

In follow-up from February 5, Carter Stanton, Director, Public Works, appeared to suggest the initiation of an agreement by and between the Commissioners and the Sheriff's Office to provide regulations for the proposed law enforcement shooting (certification and practice) range at Tolchester Site. Mr. Stanton suggested that the Sheriff's Office provide a range master and be responsible for the range when other law enforcement officers from other towns utilize the range. Mr. Stanton advised that he would draft an agreement. The Commissioners concurred with this recommendation.

TURNERS CREEK PUBLIC LANDING

Jeff Troester, Director, Parks and Recreation, and Mark Dixon, Maintenance Supervisor, appeared to advise that as a result of an active eagles nest at Sasssafras Resource Management Area, two youth groups are without a camping site. Although camping is prohibited in County parks, Mr. Troester requested temporarily waiving of the camping restriction and consideration be given to allowing youth groups (boy scouts, etc.) to camp at Turners Creek Public Landing for a limited time. Commissioner Newnam and Fithian requested a proposal of camping regulations be drafted for consideration.

USTAR TRANSPORTATION

The Commissioners received a copy of correspondence directed to Charles Cawley, Caroline County Administrator, from Lenny Howard, Regional Planner, Maryland Transit Administration (MTA) responding to Mr. Cawley's inquiry as to the status of USTAR, Upper Shore Aging, compliance response to the MTA audit/review. Mr. Howard advised that the USTAR staff are analyzing the compliance plan to confirm issues are being satisfactorily addressed.

Correspondence was received from Carl E. Burke, Upper Shore Aging, Executive Director, directed to Stanley Savitz, Administrator, Chestertown Nursing and Rehabilitation Center, advising of developments that may affect services and encouraged the use of private transportation providers should the need arise.

In response to this correspondence, Vicki L. Lewis, Assistant Administrator, Chestertown Nursing and Rehabilitation Center, appeared to discuss the cancellation of patient transportation appointments by USTAR Transportation. Commissioner Fithian as advised that Mr. Burke will be contacted as to reasons that generated the cancellation of appointments. Mrs. Lewis provided a copy of a facsimile from Mr. Burke, canceling three scheduled trip requests by Chestertown Nursing and Rehabilitation Center in the month of April. Mrs. Lewis advised that USTAR transportation is the only service provider available fitted with a wheelchair lift to accommodate patients. She stated her understanding of the MTA mandate not to compete with private transportation carriers, however, she does not feel it necessary for the cancellation of outings due to that fact.

Commissioner Fithian requested Mrs. Lewis forward a letter to Mr. Burke advising of the necessity of wheelchair transportation for patients and to date, not other private service provider supplies wheelchair access transportation.

Commissioner Beck inquired if a contract was in place with USTAR Transportation for patient transportation. Mrs. Lewis reported that she would forward a copy of the document for his review.

Commissioners Fithian and Beck assured Mrs. Lewis the County Administrator would speak to Mr. Burke on the matter and confirm patient transportation was a priority.

VISITORS' CENTER

Commissioners Fithian and Beck, as well as the Ed Robinson, County Administrator, attended the ground breaking ceremony for the Kent County Visitors' Center to be constructed on the corner of Cross Street and MD Route 213, Chestertown.

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