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KENT COUNTY, MARYLAND


Board of County Commissioners

July 16, 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 $2,228,573.00.

ACCIDENT REVIEW BOARD
THREAT ASSESSMENT TEAM

Correspondence was received Lee Myers, Administrative Assistant, Safety Training Coordinator, recommending that both the Accident Review Board and Threat Assessment Team, (which are comprised of Safety Training Coordinator and Risk Management Coordinator, and elected employees), be elected at the same time. In order to accomplish this, members of the Accident Review Board will serve an extra year. The Commissioners concurred with this recommendation.

BAYSIDE PUBLIC LANDING

Carter Stanton, Director, Public Works, appeared and advised of construction progress of the public boat launching ramp at Bayside Public Landing and Park. He also noted that removal of an existing building had commenced.

BETTERTON BEACH

A bid opening was held at 9:00 a.m. in the Commissioners' Hearing Room for the rehabilitation and stabilization of existing stone jetty. Carter Stanton, Director of Public Works, and Jim Wright, County Engineer, were in attendance. The following bids was received:

BIDDER BID AMOUNT
Lindstrom Excavating Contractor

Worton, MD

$79,930
Dissen & Juhn Corp.

Macedon, NY

$88,375

Martin Imbach, Inc.

Baltimore, MD

$154,000
Edwin & John Crandell, Inc.

West River, MD

$289,275

Mr. Wright reported that the estimated cost for the project was $152,000. A motion was made by Commissioner Newnam, seconded by Commissioner Beck and made unanimous by Commissioner Fithian to award the contract to the lowest bidder, Lindstrom Excavating Contractor, for the amount of $79,930.

Later in the day, the Commissioners approved and executed a contract by and between the Commissioners and Lindstrom Excavating Contractor for the Betterton Beach jetty project.

BUDGET

Pat Merritt, Director, Budget and Accounting, to provide an update on the income tax 2002 update. She advised that the FY 02 budget was approximately $300,000 above the projected estimate. She also provided an update on the Contingency Fund balance reporting of a balance of $1,506.16. The County Administrator advised of pending pension related expenses in the amount of $1,500. A motion was made by Commissioner Beck, seconded by Commissioner Newnam and made unanimous by Commissioner Fithian, to forward the remaining $6.16 to the FY 03 Contingency fund.

CODE HOME RULE BILL NO. 5-2002
HUMAN RELATIONS COMMISSION

First reading was held on Code Home Rule Bill No. 5-2002 which is an Act to add new Chapter 36, Human Relations Commission, to the Code of Public Local Laws of Kent County, Maryland, establishing the Kent County Human Relations Commission; providing for the membership, purposes, goals, powers, and duties of the Commission; to provide for satisfaction of the 180 days statutory deadline for filing complaints with the Maryland Commission on Human Relations upon the filing of a written request for alternative dispute resolution with the Kent County Human Relations Commission; defining certain terms; and generally relating to the establishment of the Kent County Human Relations Commission.

A public hearing has been scheduled on this proposed legislation for Tuesday, August 6, 2002 at 10:15 a.m. at the County Commissioners Hearing Room, County Government Center, 400 High Street, Chestertown, Maryland.

COUNTY OWNED VEHICLES

Carter Stanton, Director, Public Works, appeared to advise that the Town of Chestertown expressed interest in obtaining the surplus County Roads dump truck. Commissioner Newnam requested Mr. Stanton to confirm Parks and Recreation did not need the dump truck before offering it to Chestertown.

CROMWELL CLARK ROAD

Correspondence was received from Robert L. Davis, Jr., Coventry Farm L.P., requesting an extension to the original Agreement by and between Coventry Farm Limited Partnership and County Roads to upgrade Cromwell Clark Road. The Agreement provided that all costs of the overlay would be equally divided between the County and Coventry Farm Limited Partnership. Extensions to the Agreement were granted in 1993,1996, and 1999, and the project has progressed at a slower rate than predicted and requested an additional three year extension.

Carter Stanton, Director, Public Works, appeared to discuss the request and advised that the original 1988 agreement was related to Coventry Farms Subdivision and was located in the incorporated town of Chestertown. The Commissioners inquired as to the need for the agreement. Mr. Stanton advised that the County Roads Policy requires the developer to improve existing County roads to applicable standards. The Commissioners requested Mr. Stanton to further investigate the history and necessity of such an agreement.

CROSSROADS COMMUNITY INC.

The Commissioners received a copy of correspondence directed to Delegate Mary Roe Walkup from Sue Ann Zimmerman, Chester Harbor, expressing opposition to additional Crossroads Community Inc., group homes being located in the Kent and Queen Anne's County area. She stated of concerns relating to her safety and property value.

DEPARTMENT OF WATER AND WASTEWATER SERVICES

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

Kennedyville Feasibility Study - In follow-up to the feasability study currently underway to evaluate the extent of repairs to the Kennedyville wastewater lagoon, Mr. Morris advised of the need to obtain an environmental assessment. An environmental assessment is required before design of rehabilitation to the lagoon may commence. Mr. Morris estimated the cost of the assessment to be $2,000, which may be reimbursed. The Commissioners concurred to move forward with the environmental assessment.

General - Mr. Morris advised that the State required Consumer Confidence Reports advising of water quality would be distributed with the July 2002 billing.

Millington Water and Wastewater Expansion Project - Charles "Chip" MacLeod, Bond Counsel, forwarded a draft solicitation letter for interim financing for the Millington Wastewater Project. Mr. Morris recommended to change the closing date from twelve months to fourteen months. He advised that the bid opening for the financing will be July 30.

EASTERN SHORE LAND CONSERVANCY

In follow-up to the July 10 Upper Shore Association of Counties meeting where discussion was held relating to the Eastern Shore 2010: A Regional Vision prepared by the Eastern Shore Land Conservancy to protect and enhance Eastern Shore land, the Commissioners received correspondence from Robert Etgen, Executive Director, Eastern Shore Land Conservancy, providing additional information to address concerns expressed by Queen Anne's County. Mr. Etgen also advised that the proposed signing date of July 25 would be postponed and further discussion of the matter will take place at the Maryland Association of Counties Conference in August.

The Commissioners received additional letters of support for the proposed intercounty land use agreement from Pat Porter, Chestertown, and Jeff Frontz, Columbus Ohio.

GAMING/RAFFLE PERMIT

The Commissioners approved the following Raffle Permits:

Sources of Horses - 4H Club to hold fund raising event at the Kent County Fair on July 18 - July 20.

St. John's Catholic Church fund raising Bull Roast on August 18 at St. John's Catholic Church in Rock Hall.

HOUSING AND COMMUNITY DEVELOPMENT

The Commissioners received a correspondence from Raymond A. Skinner, Secretary, Maryland Department of Housing and Community Development, inviting Kent County to participate in the 2002 On-Behalf-Of Local Governments Housing Program (OBO) that utilizes local government housing bond allocations to issue bonds to fund housing programs. A copy of this agreement proposal was forwarded to Jack Canan, Housing and Community Development Coordinator.

Kay Pinder-Almen, Administrative Aide, Housing and Community Development, provided a copy of the Quarterly Status Reports for the three (3) Community Development Block Grant (CDBG) funded activities. The Commissioners approved and Commissioner Fithian signed the reports as prepared.

LAND ACQUISITION

At 9:05 a.m., a motion was made by Commissioner Newnam, seconded by Commissioner Beck and made unanimous by Commissioner Fithian, to go into executive session to discuss land acquisition in accordance with State Government Article, Section 10.508 of the Annotated Code of Maryland. James Wright, County Engineer, was also in attendance.

The executive session adjourned at 9:20 a.m.

LAND USE ORDINANCE

Gail Owings, Director, Planning and Zoning Administration, and Carla Martin, Community Planner, appeared to review the draft Land Use Ordinance. Mrs. Owings provided a summary of the May 23 special Planning Commission session and a copy of both the 2001 and 2002 (draft) summary of the Land Use Ordinance.

The Commissioners received correspondence from Elizabeth Morris, Chairman, Planning Commission, advising that at the July 11 meeting the Planning Commission voted 4-1 to recommend a moratorium on major sub-divisions until action is taken on the Draft Land Use Ordinance. The Planning Commission also recommended to exempt major sub-divisions with preliminary approval. The Commissioners concurred to act on this matter at a later time allowing for further discussion.

LEGAL COUNSEL

At 10:45 a.m., a motion was made by Commissioner Beck, seconded by Commissioner Newnam and made unanimous by Commissioner Fithian to go into executive session 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, was also in attendance.

Items of discussion included block grant mortgage, Cromwell Clark Road, and land acquisition.

The executive session adjourned at 11:20 a.m.

PERSONNEL

At 10:25 a.m., a motion was made by Commissioner Newnam, seconded by Commissioner Beck, 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 10:30 a.m.

At 11:45 a.m., a motion was made by Commissioner Newnam, seconded by Commissioner Beck, 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 11:55 a.m.

PLANNING COMMISSION

Gail Owings, Director, Planning and Zoning Administration, appeared to report on the July 11 Planning Commission meeting.

PLANNING AND ZONING ADMINISTRATION

Gail Owings, Director, Planning and Zoning Administration, forwarded planning and zoning statistics from April 1 through June 30.

Mrs. Owings advised of a request from the American Farmland Trust to meet with County Department Heads to discuss services the County provides as part of a community services study to be performed at no cost to Eastern Shore Counties. Mrs. Owings advised that a letter will go forth to Department Heads requesting their assistance.

RECYCLING

Marty Holden, Supervisor, Waste Management, appeared to introduce new employee, Richard Wallace, Motor Operator I. The Commissioners welcomed Mr. Wallace and wished him well.

SCENIC BYWAYS

Correspondence was received from Gail Owings, Director, Planning and Zoning Administration and Carla Martin, Community Planner, advising of a training seminar offered in becoming a member of the National Scenic Byway. The seminar is located in Wisconsin during September, will provide training in developing an interpretive plan for grant funding. The Commissioners concurred that Ms. Martin should attend. The seminar and associated expenses which should not exceed $500, will be funded from the Contingency fund.

SUBSTANCE ABUSE PREVENTION PROGRAM

The County Administrator advised of a meeting with the Alcoholic Beverage Inspector, Sheriff, Substance Abuse Prevention Program Coordinator and Counsel for the Center for Tobacco Regulations at the Maryland School of Law, to discuss enforcement of tobacco sales in Kent County. Counsel reported that in view of the General Assembly failing to pass measures for the Alcoholic Beverage Inspector to enforce the tobacco laws, Code Home Rule Counties may pass an ordinance to levy civil fines for an infraction. The County Administrator reported that after further investigation counsel will provide a local legislative plan. The Commissioners requested that Mr. Cookerly be given the opportunity to review a draft plan when available.

UPPER SHORE AGING

Carl Burke, Executive Director, Upper Shore Aging, appeared to provide an update on the Kent County Senior Center. He provided a time line of construction with the completion of the project in April 2003. Mr. Burke displayed an artists rendering advising that Chestertown Planning Commission requested a more colorful design for the building.

USTAR TRANSPORTATION
UPPER SHORE AGING

In follow-up from last week, correspondence was received from Carl Burke, Executive Director, Upper Shore Aging, requesting an additional $21,533 in funding for the USTAR Transportation Program. Commissioner Beck inquired of as to what services were to be cut should the $65,000 USTAR budget deficit not be met. Mr. Burke advised that $65,000 in funding was not designated to underwrite new programs and supported traditional USTAR programs. He advised that no jobs would be cut due to attrition and the transfer of drivers, however, the transportation fleet will be smaller. The deficit is due to a long-held transportation contract being awarded to a private enterprise causing a $65,000 local match deficit.

WATERSHED RESTORATION

The Commissioners received correspondence from J. Charles Fox, Secretary, Department of Natural Resources, with an application for participation in the Watershed Restoration Action Strategy Program. The application will propose to develop, in partnership with DNR, a watershed protection and restoration plan for a local watershed. A copy of this application was forwarded to Gail Owings, Director, Planning and Zoning Administration.

There being no further business to claim their attention, the Board adjourned to meet again on Tuesday, July 23, 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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