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Board of County Commissioners

March 9, 2004

The Honorable Board of License Commissioners met today with the following present: Roy W. Crow, Scott D. Livie, and William W. Pickrum, 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 $5,434,738.00.


Correspondence was received from Bruce F. Mundie, Director, Office of Regional Aviation Assistance, Maryland Aviation Administration, indicating that, effective March 1, 2004, the Agreement - MAA-GR-01-004 (dated September 7, 2000) between the MAA and the Commissioners of Kent County, to provide funds for the acquisition of land for development into a public-use airport, was terminated.


The County Administrator was requested to contact the Board of Education to convey the Commissioners' interest in observing the bid review process for the construction management and renovation of the Kent County High School. Offer will be made to have Jim Wright, County Engineer, to serve as a member of the review committee. Inquiry will also be made as to whether or not the committee will meet with the bidders for an in-depth presentation on how each bidder proposes to accomplish their responsibilities on this project.


At 1:00 p.m., the Commissioners held Fiscal Year 2005 budget work sessions. Ed Robinson, County Administrator, and Pat Merritt, Budget and Accounting Director, were also in attendance.

Kent County Health Department - Dr. Leland Spencer, Health Officer, presented proposed budget in the amount of $600,362, a 5.2% over Fiscal Year 2004. The budget increase is $29,990 which includes rental increase and health benefits for the two school nurses who do not presently have health and/or retirement benefits. There are a total of seven school nurses. The provision of school nurses is a Board of Education mandate, however, which has been placed under the Health Department's umbrella. The State has not agreed to level funding, but requested salary increases within the funding allocated.

Concern was expressed that the FY04 budget will not have any funding to carry the Mental Health Program's deficit. He also advised the Health Department is responsible in assuming health expenses for uninsured pregnant women which is an unfunded Federal mandate. The number of cases have doubled since last year. Commissioner Livie expressed need to amend law relating to eligibility for medicaid and CHIPS. Dr. Spencer expressed interest in developing a regional solution.

Sheriff's Office - Sheriff John Price, Lieutenant J. Brian Kirby, and Lieutenant Scott Metzbower appeared. Sheriff Price presented a proposed three year phase-in competitive salary chart for consideration for his sworn staff as well as proposal for appointment of a Chief Deputy position. He reiterated his request for purchase of three patrol vehicles and of the March 15 deadline for ordering.

A motion was made by Commissioner Livie, seconded by Commissioner Crow and passed by the majority of the Board to purchase one patrol vehicle for Fiscal Year 2005 at a cost of $19,338. Commissioner Pickrum felt it would be more economical to purchase two cars this fiscal year rather than be faced with purchasing three vehicles next year.

At the request of Sheriff Price, the Commissioners approved purchase of a computer and printer in the approximate amount of $1,300 to be covered within current FY 04 budget.


Correspondence was received via electronic mail from Nancy Neely, of Chestertown, issuing complaint concerning alleged inconsistencies when applying for a building permit.


Correspondence was received from John E. Hall, President, CFI, requesting that CFI's current bridge loan with the County be rolled over to Fiscal Year 2005. Mr. Hall reported that CFI's funding was extremely slow in 2003, and that CFI has aggressively instituted several plans to improve funding in the current fiscal year. The Board approved this request. Commissioner Crow advised that CFI has expressed interest in a property outside of Millington.

A motion was made by Commissioner Crow, seconded by Commissioner Livie, and made unanimous by Commissioner Pickrum to approve expenditure of $2,500.00 out of contingency to cover the costs of an appraisal for the land under consideration for purchase by CFI. According to the projections of CFI, the property would be used as the campus for a commercial bakery, an agricultural education center, and accommodations for tourists.


Quaker Neck Service Area - Correspondence was received from W.S. Ingersoll, Town Manager, Town of Chestertown, responding to Commissioner Pickrum's letter, dated March 2nd, and concerning issues raised at the Commissioners' meeting on March 2nd about the Chester River Landing project. Mr. Ingersoll listed the following points regarding the recent annexation of the Chester River Landing development along the County gravity line:

- The cost of the Town's Biological Nutrient Removal Project (BNR) upgrade is estimated by the Town's engineers to be over $4 million.

- The County has not yet been asked to pay any pro-rata share of the BNR costs or for the costs of the necessary pump station and force main upgrade required by the placement of the new Biolac cells.

- The above information does not mean that there will not be costs to the County if an agreement cannot be reached.

- The Town is not going to bear the entire costs of the engineering and upgrades to the County pump station and force main without a suitable agreement being reached.

Mr. Ingersoll expressed his hope that the Town and the County will work out a "win-win arrangement" that will solve most of the pending issues between them vis-a-vis the recent annexation of the Chester River Landing development along the County gravity line.

Water and Sewer Allocation Fees

- The Commissioners signed the Resolution Establishing Water and Sewer Allocation Fees, effective March 1, 2004, stating that water and sewer allocation fees throughout all Kent County water and sewer service areas shall be as follows: A. Effective March 1, 2004, the fee for a sewer allocation shall be $3,060.00 per allocation; and B. Effective March 1, 2004, the fee for a water allocation shall be $3,060.00 per allocation.


At the recommendation of Carter Stanton, Public Works Director, the Commissioners approved to accept proposal submitted by Indoor Pollution Solutions, Inc. to clean duct network at the Detention Center facility at a cost of $5,950 which will be covered within current budget.


Correspondence was received from Christopher F. Drummond, Esq., representing a number of residents on and near Coopers Lane who are concerned about the proposal to significantly expand and reconstitute Drayton Manor. Mr. Drummond urged the Commissioners to await the outcome of all administrative and judicial proceedings before taking action on the first growth allocation request outside an incorporated town in the County. No decision was made at this time for scheduling the public hearing.


P.A.M. Schaller, Economic Development Director, will be requested to forward the LaMotte Committee Final Report to the land planners who were recommended by DBED, requesting a price quote of their fees for consultation regarding, for example, the best use of the property that is consistent with the Committee's Final Report. The site plan would be used as part of a RFP request of developers.


The Commissioners approved and signed the following Permits:

- a Raffle Permit for Nicholson Speedway, Inc., Chestertown, to take place at its fund-raising events from February 29, 2004 to November 30, 2004, 9 a.m. to 4 p.m.;

- a Multiple Gaming Device and a "50/50" up to $100.00 per regular business meeting for the Betterton-Still Pond Lions Club, to take place at its fund-raising event at the Betterton Fire Hall on March 13, 2004, 6:30 to 11 p.m.


The Commissioners sent forth correspondence to Mr. and Mrs. Norman Sisco, Florence E. Warren, Clementine L. Tilghman, Fennell L. Johnson, Kimberly Hicks, Marvin Sisco, Tannie Cotton, Ethel Hicks, William Cotton, and Elizabeth Sisco providing confirmation of the null and void status of Kent County's lien on their property as it relates to the Housing Improvement Program.


At 5:40 p.m., a motion was made by Commissioner Crow, seconded by Commissioner Livie and made unanimous by Commissioner Pickrum to go into executive session with Susanne Hayman, County Attorney, for legal counsel in accordance with State Government Article, Section 10.508 of the Annotated Code of Maryland.

Items of discussion included an economic development project and litigation.

The executive session adjourned at 5:50 p.m.


In response to correspondence from Delegate Mary Roe Walkup, a letter went forth in support of House Bill 1263 - Dredge Deposits - Creation of Artificial Islands in the Chesapeake Bay - Prohibited Use as Part of the Management Plan. This legislation is scheduled for a hearing on March 10th in front of the Environmental Matters Committee.


At 3:00 p.m., the Commissioners attended meeting of the Local Emergency Planning Committee (LEPC) at the Emergency Management Conference Room.


At 5:50 p.m., a motion was made by Commissioner Crow, seconded by Commissioner Livie and made unanimous by Commissioner Pickrum to go into executive session to discuss personnel matters in accordance with State Government Article, Section 10.508 of the Annotated Code of Maryland.

Susanne Hayman, Human Resources Director, was also in attendance.

The executive session adjourned at 6:05 p.m.

A copy of a proposal was received from Collins Consulting Services, LLC and Center for Professional Development, Salisbury University to "Provide Human Resources Consulting: Comprehensive Classification and Pay Plan Study" for Kent County Government. No action was taken with this proposal.


Red Cross Month - The Commissioners approved and signed a proclamation declaring March 2004 as Red Cross Month, commemorating the valuable humanitarian services of this organization.. Representing the Local Chapter of the Red Cross were Terry Honeywell, Mary Ellen Williams, Terri Mullikin, and Willis Wells.

Commissioner Crow read aloud the Proclamation and which included statements urging County citizens to take simple emergency preparedness steps, such as: make a plan outlining what to do if a disaster strikes; create a disaster supplies kit; have at least one member of the household trained in first aid and CPR; volunteer to help the local community prepare for disasters; give blood regularly to ensure a safe and adequate blood supply for the victims of medical emergencies.

The Proclamation also urged communities to be prepared with a five-to-seven day supply of blood. In addition, the Proclamation encouraged the citizens of the County to join the American Red Cross as a volunteer, course participant or instructor, or financial supporter. During Red Cross relief operations, volunteers assess damages, drive emergency response vehicles to distribute food and other supplies, provide shelter for families who have been evacuated from their homes and supply necessities to people in need. Further, the American Red Cross serves military families by delivering emergency messages between soldiers and their families back home.


At 2:10 p.m., a motion was made by Commissioner Crow, seconded by Commissioner Livie and made unanimous by Commissioner Pickrum to go into executive session with Sheriff Price to discuss a matter relating to public security in accordance with State Government Article Section 10.508 of the Annotated Code of Maryland.

Lieutenants Kirby and Metzbower were also in attendance.

The executive session adjourned at 2:50 p.m.


The Commissioners approved and signed an Intergovernmental Agreement by and between the Maryland Environmental Service and the County agreeing to sponsor a regional event to recover and recycle up to 75 tons of scrap tires deposited at County facilities by County residents on the designated day of a regional event, "2004 Amnesty Day." The purpose of this Agreement is to provide a responsible disposal-alternative free of charge for County homeowners who have accumulated a small number of scrap tires. The 2004 event, expected to take place in the Fall, will be the fifth such Amnesty Day.


On March 8, Commissioner William Pickrum, Ed Robinson, County Administrator, and Warden Ronald L. Howell along with the consortium of the Regional Corrections Task Force met with Secretary Mary Ann Saar of the Maryland Department of Public Safety in Annapolis.

As a result of this meeting, a letter will go forth from the Commissioners to the National Institute of Corrections seeking technical assistance as well as any available sources of funding to proceed with a mutual feasibility study for establishment of a regional detention center serving the needs of Kent, Queen Anne's, Caroline and Cecil Counties.


The Commissioners appointed Heather Davidson and Donald Andersen to serve on the Steering Committee Selection for Interpretive Plan as it relates to the Scenic Byway Program.


Correspondence was received via electronic mail from Carl E. Burke, Executive Director, Upper Shore Aging, Inc. (USA), giving notice that USA's Board of Directors has approved closing the Amy Ferris Adult Activity Center two days a week (leaving it operational three days a week), effective April 1, 2004. His explanation for this action is as follows: "This action is necessary because USA, Inc. is ‘on track' to be overspent regarding the Senior Center's operations by $25,620 as of June 30, 2004."

He further explains that USA lacks the money to operate the Center and will convey the same through a press release. In response to Mr. Burke's request, the Commissioners will invite Mr. Burke to a meeting of the Board in order to discuss this matter further.


Correspondence was received from Jon C. Burrell, Executive Director, LGIT, giving notice that, as a result of the County's recent accreditation by CALEA, LGIT approved a 10% discount on the County's police liability premium resulting in a credit to the County of $1,272.00. A check for said amount was sent to the County in February. The letter concluded with Mr. Burrell's congratulations to the County, noting that recent studies have shown that accredited agencies have significantly fewer liability claims than non-liability agencies.


Correspondence was received from Carla Martin, Community Planner, on behalf of the Planning Commission, notifying the County that the Velsicol Chemical Corporation has requested the Planning Commission's approval for grading to add space to spread sludge on its 19.56 acre parcel located on Route 297, Worton Road, Third Election District (zoned "I" Industrial). Because it is an adjoining property owner, the County was invited by the Planning Commission to comment regarding said proposed plan. The Kent County Land Use Ordinance requires the Planning Director to review any proposal to assure a good design, appearance, and that it be in harmony with the County's Comprehensive Plan and in compliance with all County regulations. The Parks and Recreation Director will be requested to provide more information on this application.


A copy of USA's Annual Report was received from Carl E. Burke, Executive Director. Mr. Burke noted in his accompanying letter that 93 cents of every USA, Inc. operating dollar supported direct client services in the previous year. U.S.


Public Notice was received from Christina E. Correale, Chief, Operations Division, Department of the Army Corps of Engineers, Baltimore District, pursuant to Sections 313 and 404 of the Clean Water Act of 1977, indicating that the Baltimore District has proposed to perform maintenance dredging of Baltimore Harbor and various channels, including Tolchester Channel.

The Notice reports that the Regional Administrator, Environmental Protection Agency, considered dredged material previously removed from the Tolchester Channel satisfactory for deposition at either the Poplar Island Environmental Restoration Project or Hart-Miller Island. The State indicated that the Hart-Miller Containment Facility and the placement operations will be monitored before, during, and after the proposed work. The Baltimore District will monitor the Poplar Island Environmental Restoration Project before, during, and after placement operations.

Written comments about this proposed work and related factors must be received by the District Engineer, U.S. Army Corps of Engineers, Baltimore District, P.O. Box 1715, Baltimore, MD 21203-1715, before March 25th. Contact should be made with Jeffrey McKee with questions and/or concerns at 410-962-5657. Accompanying this Notice were attached copies of the Map of dredging areas and dredged material placement areas.


Correspondence was received from Jack S. Griswold, member of the Board of Visitors and Governors of Washington College, announcing the Board's election of Baird Tipson as the 26th President of Washington College.

There being no further business to claim their attention, the Board adjourned to meet again on Tuesday, March 16, 2004.


Janice F. Fletcher
Executive Assistant

Approved: William W. Pickrum, President


Please contact Ileana Lindstrom or Janice Fletcher at (410) 778-7435 or by e-mail with any questions or comments.

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