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Board of County Commissioners

May 14, 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 $4,665,209.00.


The Commissioners received information relating to the American Farmland Trust; an organization promoting regional agricultural industry and the preservation of Delmarva's farmland.


The Commissioners received a copy of correspondence directed to William Hammond, Assistant Attorney General, Department of Assessment and Taxation, from Roger Williams, Treasurer, applying for government owned real estate tax exempt status for the newly purchased County properties, Bayside Public Landing.

In follow-up from April 23, the Commissioners approved and executed a contract by and between the Commissioners and George & Lynch, Inc., in the amount of $137,000, to construct a concrete boat ramp at Bayside Public Landing.

Carter Stanton, Director, Public Works, reported that at the May13 meeting, the Public Landing and Facilities Board recommended an extension be given to the owner of property known as Mason's Ribs and Crabs, who is in violation of constructing a deck on County property, to remove the deck by May 20. Commissioner Fithian recommended the owner be contacted directly since the property may be under restriction from a recent fire.


Delegate Walkup appeared and provided an update on the Betterton Beach Jetty project. She expressed her concern of the lack of progress and noted the permit for construction was recently approved.


At 10:40 a.m., the Commissioners went into a budget work session. The County Administrator and Director of Budget and Accounting were also in attendance.


The Commissioners approved and Commissioner Fithian executed a grant request to the U. S. Department of Justice, Office of Community Policing Services, to fund two full-time Sheriff's Deputies for the amount of $150,000. If awarded, the grant will provide partial funding for two officers for three years.


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

Worton Well Project - Mr. Morris provided an update on the Worton Well Project. He advised that Maryland Department of Environment has approved the well permit and the project will be moving forward. Commissioner Newnam inquired as to the delay. Mr. Morris advised that revised specifications resulted in a delay with the Maryland Department of Environment.

Worton Service Area - In follow-up from March 19, Mr. Morris provided an update on the chlorine pilot test, using liquid chlorine instead of the gas chlorine for water treatment. He advised that the pilot test went well and the next phase will begin shortly.

Litigation - At 10:35 a.m., a motion was made by Commissioner Beck, seconded by Commissioner Newnam and made unanimous by Commissioner Fithian to go into executive session to discuss potential litigation in accordance with State Government Article, Section 10.508 of the Annotated Code of Maryland.

The executive session adjourned at 10:40 a.m.

Kennedyville Service Area - Mr. Morris advised of a water leak that occurred on MD Route 213 last week as a result of a bridge construction worker puncturing a water line while installing a "detour" sign. Mr. Morris advised that the leak was repaired.

General - Mr. Morris provided a memorandum specifying pumps and motor control cabinets that are in need of replacement at the Kennedyville, Quaker Neck, Worton, Fairlee and Millington facilities. Mr. Morris specified his recommendation of priority equipment for replacement/repair.


In follow-up from correspondence received from Dorothy Morlock, Vice Chair, Kent County Commission on Aging, the Commissioners responded to Mrs. Morlock noting of the intent to continue expanding the paramedic program to reach the goal of twenty-four hour paramedic coverage.


Gail Owings, Director, Planning and Zoning Administration, and Carla Martin, Community Planner, appeared to discuss candidates to be appointed to the Heritage Preservation Advisory Committee. The formation of the committee is a requirement of the Preservation Incentives for Local Governments Grant. The following candidates were appointed: Mary Kate Myer, Craig O'Donnell, Davy McCall and James Fouss. Commissioners Fithian and Beck will also jointly serve on the committee.


The Commissioners approved and Commissioner Fithian executed a Release of Mortgage, effective 1990, of James and Bernadine Blyman as it relates to a lien associated with a Housing Improvement Project. The Release of Mortgage is to be filed to in the Kent County Land Records.

Correspondence was received from Jack Canan, Housing and Community Development Coordinator, advising of a change in the funding schedule per the Department of Housing and Community Development resulting in the need for the funding (County match) for Phase Four, Housing Improvement Program by July 2002. Mr. Canan provided a Phase Four HIP Project worksheet which proposes the renovation of seven homes. The Commissioners approved Phase Four HIP Project funding.


Correspondence was received from E. John Hoagland, Fairlee, questioning several of the Land Use Ordinance zoning recommendations. He questioned the zoning ordinance recommendations downgrading the new Rural Residential District - RR, from one dwelling per acre to one dwelling per three acres. He also specifically questioned the Planning Commission's recommendation of reclassifying 105 acres of his 210 acre farm from Rural Residential to Rural Characteristic District, one dwelling per twenty acres.


At 10:30 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 mooring buoy regulations.

The executive session adjourned at 10:38


Delegate Mary Roe Walkup appeared to provide a legislative update. Delegate Walkup noted that HB 505 - Kent County Community Center Project, was not defeated and expressed optimism that project funding would be available in the future. Commissioner Fithian stated that financial concerns were evident legislation wide and although the funding is pending for FY 04 funding, he expressed optimism in legislators determining a funding amount of $500,000 for the project.

Commissioner Newnam expressed concern that Kent County proposed legislation (SB 395 and HB 344/SB138) was not recognized by the legislative body in the voting process despite testimony from both citizens and local government. Commissioner Fithian stated his opinion that legislation should be voted on after interested parties, both citizens and local government, appear to provide information on the matter. Delegate Walkup concurred and noted it was rare for the legislators not to vote. Commissioner Beck expressed his frustration in the lack of support by legislators for HB 344 - extending the alcoholic beverage inspector's authority to include enforcement of the State tobacco laws. Delegate Walkup advised that some legislators believed the action would set a precedent and the issue needs more investigation. She recommended the Commissioners gain momentum by seeking other counties to request the same legislation in the next legislative session.

Delegate Walkup noted that the Governor has signed all Kent County legislation with the exception of HB 365 - State's Attorney's salary.

Delegate Walkup expressed her appreciation for the Commissioners support for HB 1111 - Telecommunication and Computer Network Access. She gave an update on the progress and restructuring of Network.MD and expressed her interest in equitable access to high speed data.

Delegate Walkup concluded that she intends to act in the best interest Kent County. The Commissioners thanked Delegate Walkup for her efforts.

In follow-up from correspondence received last week relating to a decision to be made by the Governor for HB 937 - Aging School Legislation, the County Administrator advised that the Governor vetoed the bill resulting in the projected amount of funding ($65,000) for aging schools will be received.


Correspondence was received from Peter Connell, Daniel Elburn, and Steven Smith, representing the Board of Directors, Pig Neck Neighbors Road Association, requesting consideration be given for the County to take ownership of Martin Wagner Road, between Ededsville Road and Elizabeth Lane. They advised that the property owners were canvassed and are in favor of this project.

Mr. Stanton recommended the Board of Directors, Pig Neck Neighbors Road Association, be advised of the requirements to bring the roadway to County standards.


The Commissioners forwarded correspondence to Senator Barbara Milulski expressing appreciation for her assistance in obtaining a ruling from the Internal Revenue Service making it possible for Kent County employees to enter the Maryland State Retirement and Pension System.


At 11:45 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 12:05 p.m.


The Commissioners received a copy of correspondence directed to Rick Myers, Enforcement Officer, Planning and Zoning Administration, from Philip W. Hoon, Esq, representing Mr. and Mrs. George McLaughlin, Third Point Road, Chestertown, requesting enforcement of the Kent County Zoning Ordinance, as it relates to a pier on the property of Colleen Proctor and Stanley Perkoski, Third Point Road, Chestertown.


Judy Hagerty, William Marshall, and Patricia Gross, representing the U. S. Coast Guard Auxiliary, appeared to request the Commissioners to proclaim May 19 - 25 to be National Safe Boating Week in Kent County. Mrs. Hagerty advised that this was an annual event and a venue for the Auxiliary to promote safe boating. She reported on the many activities and training the Auxiliary offers and noted of a scholarship extended to a high school student for the Cost Guard Academy.

Mr. Marshall reported that since September 11, 2001, the Auxiliary has been included in more Coast Guard activities in order to keep waterways safe. He advised that Auxiliary members use their personal vessels, which are in compliance with Coast Guard standards, and noted of their presence to ensure boating safety during regattas and most recently the Volvo Race that took place in April.

Commissioner Beck inquired as to the number of members in the local chapter. Mrs. Hagerty advised of 33 members in the local flotilla, with 33,000 members nationally. The Commissioners complimented the members on their dedication.

The Commissioners read and presented Mrs. Hagerty with a proclamation as requested.


Carter Stanton, Director, Public Works, reported on the May 13 bid opening for sanitary facilities at the Public Landings. The bids are as follows:

Dime Sanitation $8,370.00

K.L.D. Honeydipper $9,450.00

Mr. Stanton recommended the low bidder, Dime Sanitation. A motion was made by Commissioner Newnam, seconded by Commissioner Beck and made unanimous by Commissioner Fithian to award the contract to Dime Sanitation in the amount of $8,370.00.


William Even, Branch Manager, and William Highland, Sales and Service Manager, WISCO Envelope Company, appeared to receive a Certificate of Appreciation in celebrating the safety record of 1000 days without a lost time accident. Elmer Horsey, Economic Development Director, and Jack Canan, Housing and Community Development Coordinator, were also in attendance.

WISCO Envelope Company, headquartered in Tullahoma, Tennessee and a division of Mail Well, Inc., with over 15,000 employees, marks the first time in their company's history to accomplish such a safety achievement. As an outstanding member of the business community the Commissioners congratulated Mr. Even and presented the Certificate of Appreciation.


A copy of correspondence directed to Raj Williams, Resource Planning, Department of Natural Resources, from Miles Barnard, Chairman, The Friends of Bloomfield, was received advising of the formation of an entity requesting to be a partner in overseeing the development of a long term plan for the Department of Natural Resource Area property known as the Sassafras Natural Resource Area.


In order for John Vail, Assistant to the County Administrator, to work towards obtaining accreditation for the Sheriff's Office, the Commissioners approved funding in the amount of $575.00 to attend a Commission on Accreditation of Law Enforcement Agencies (CALEA) conference/training.


Carter Stanton, Director, Public Works, reported that at the May 13, Public Landings and Facilities Board (PLFB) meeting, a slip holder requested approval to install a finger pier at his allotted slip. Mr. Stanton advised that the pier would be built to County standards. The PLFB approved this request and the Commissioners concurred.


The Commissioners received correspondence from Marty Holden, Waste Management Coordinator, requesting approval to purchase a truck scales, indicator and printer damaged by lightening. The scales and equipment is used at Nicholson landfill. He advised that the equipment has been damaged on three separate occasions by lightening storms and reported that Intelogix system scales, exposed to the same storms at a nearby facility apparently withstood storm related power surges/lightening. Mr. Holden reported that new scales and associated equipment may be purchased from Intelogix for the amount of $4,002.43. The expenditure may be funded from the Solid Waste FY 02 budget. A motion was made by Commissioner Newnam, seconded by Commissioner Beck and made unanimous by Commissioner Fithian to approve the Intelogix system for the amount of $4,002.43.


In follow-up from last week, the Commissioners directed correspondence to Richard Lindsay, District Engineer, State Highway Administration for review and consideration of safety concerns relating to the intersections of MD Route 561 (Lynch Road) and MD Route 213, as well as MD Route 290 (Crumpton Road) and MD Route 291.


Correspondence was received from Sheila McDonald, Esq., Executive Secretary, Board of Public Works, advising that the State tax rates on real property for FY02 shall be: $.21 per $100 of the full assessed value of the property of public utilities; and $0.84 per $100 of the full assessed value of all other real property.


Carter Stanton, Director, Public Works, appeared and reported that the U.S. Corps of Engineers is working towards filling the silos at the former Nike Base, Tolchester site. He reported that the Corp of Engineers requested water in the silos be removed and pumped into a stream or into the Bramble Property pond. Upon this request, Mr. Stanton had the water tested by the Health Department who recommended the water be land applied rather than diverted to a stream or pond.

Mr. Stanton confirmed Commissioner Newnam's interest in the water being safe for land application. The Commissioners approved removal of the water via land application.


The Commissioners executed an agreement by and between the Mayor and Council of Rock Hall specifying the conditions for use of the Tolchester Site as a firearms range for the Rock Hall Police. The agreement specifies the firearms site will be coordinated by the Kent County Sheriff's Office.


Carter Stanton, Director of Public Works, reported that Jeff Troester, Parks & Recreation Director, requested to use Turners Creek Public Landing on June 1, for their annual fishing tournament. The PLFB approved this request and the Commissioners concurred.


In follow-up from last week, the Commissioners forwarded correspondence to Wiley Finch, Jr., Senior Center Program Manager, Maryland Department of Aging, affirming to Maryland Department of Aging that Kent County accepts the Department of Aging's proposal to provide the requested state capital grant for the Kent County Senior Center project in the form of a 50% appropriation in FY03, with the remaining grant funds to be provided in FY04. The Commissioners also requested the flexibility to draw funds from other Department of Aging projects that were postponed or behind schedule to allow for more funding during the construction phase of the project and eliminate the need for a short term loan.

U.S. 301/MD 313

The Commissioners received a public notice from Maryland Department of Transportation, State Highway Administration, advising of the locations to review the public hearing transcript for the proposed U.S. 301/MD 313 Intersection Improvement project. The information is available at Maryland State Highway Administration, Morgnec Road, Chestertown and Kent County Public Library, 408 High Street, Chestertown.


The Commissioners received notification of the State Water Management Administration for an application to appropriate and use an average of 120,000 gallons per day from Henry Dierker, Jr., Massey, from two wells in the Aquia aquifer for crop irrigation. This project is located 33969 Maryland Line Road, Massey. Comments or requests for an informational hearing must be received in writing by the Administration; all requests should be made to Matthew Pajerowski, Chief, Water Rights Division, Water Management Administration, 2500 Broening Highway, Baltimore, Maryland 21224.

Wayne Morris, Director, Department of Water and Wastewater Services, expressed concern of the projected water usage near the Millington well/service area. The Commissioners concurred and requested an informational meeting be held on this matter. Later in the day correspondence went forth to Mr. Pajerowski requesting an informational hearing be held in Kent County.

There being no further business to claim their attention, the Board adjourned to meet again on Tuesday, May 21, 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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