The Honorable Board of County Commissioners
met this evening at 6:00 p.m. with the following present: Roy W. Crow,
Scott D. Livie, and William W. Pickrum, presiding.
Susanne Hayman, County Administrator, was not present due to personal
Minutes of the previous meeting were approved.
W. Roger Williams, Treasurer, reported a balance of $9,567,386.00.
Commissioner Pickrum requested a moment of silence to remember the men
and women in uniform around the world who have died in defense of the
United States’ freedom and America’s way of life.
ABERDEEN PROVING GROUND (APG)
A press release, dated October 26, was issued by APG announcing that workers
at the facility have reached the halfway point in safely destroying the
mustard agent stockpile stored at the Edgewood Area of APG. The mustard
agent stockpile has been stored at APG for 63 years, but workers at the
facility are on track to complete destruction of the entire stockpile
A press release was issued on November 3 by the U.S. Army Chemical Materials
Agency announcing that Laurence Glen Gottschalk is the new Project Manager
for the Non-Stockpile Chemical Material Program (NSCMP). NSCMP leads the
nation in the development and use of advanced technology to safely eliminate
the U.S.’s non-stockpile chemical material in an environmentally sound
and cost-effective manner.
A division of the U.S. Army Chemical Materials Agency, NSCMP researches
and develops treatment options and destruction plans that comply with
all federal, State and local regulations, and encourages public participation
in its activities.
For additional information, the public can visit the Chemical Materials
Agency website http://www.cma.army.mil/nscmp.aspx.
A press release was received from APG dated November 8 reporting that
on the weekend of November 6 and 7, the Army safely transported a ton
container to the Aberdeen Chemical Agent Disposal Facility (ABCDF) that
had leaked mustard vapor this past summer and fall. The container was
successfully drained and decontaminated.
A copy of correspondence dated October 29 was received via electronic
mail from Margot Kindig, a resident of Bayshore Road, Chestertown, and
directed to John Mahoney of Publick House (Kent County Health Department)
who coordinates the Kent County Community Traffic Safety Program with
grants from the Maryland Highway Safety Office.
Mrs. Kindig explained her objections to the excessive speeding of vehicular
traffic on Bayshore Road, and requested information about speed humps
as an option for slowing down the traffic.
BOARD OF EDUCATION
The Commissioners expressed interest
in meeting with Michael Thielke of Chester Bridge Foundation, to discuss
fund raising as well as the Mission and Vision Statement for the Kent
County High School athletic field lighting project. Jim Wright, County
Engineer, will also request to submit recommendations for the draft Request
BRIDGE #K007, PEACOCK CORNER BRIDGE
A copy of a Memorandum dated November 3 was received from J. Edward Spray,
Superintendent of County Roads indicating that he concurs with Shane Moore,
Chief Roads Engineer, Queen Anne’s County Public Works, Roads Division,
to close the Peacock Corner Bridge, Kent County, and #10 School House
Road Bridge, Queen Anne’s County, at approximately November 16, and remove
the existing bridge to prepare for the construction of the replacement
Pat Merritt, Director of Budget and Accounting, appeared and, as presented,
the Commissioners approved and signed Resolution adopting Amended Fiscal
Year 2004 Budget.
Correspondence was received via electronic
mail from Dr. Stuart Bounds, President, Chesapeake College, providing
percentages of County contributions to the College’s Fiscal Year 2006
Caroline County - 23%
Dorchester - 19%
Kent - 9%
Queen Anne's - 24%
Talbot - 25%
Caroline County - 22% or 21.8%
Dorchester - 19% or 19.2%
Kent - 9% or 8.8%
Queen Anne’s - 23% or 23.3%
Talbot - 27% or 26.9%
CHESTER RIVER WATERSHED RESTORATION
The Commissioners approved and Commissioner Pickrum signed Memorandum
of Understanding with the Department of Natural Resources for development
of a Watershed Restoration Action Strategy for the Upper Chester River
for an amount not to exceed $25,000 for period October 1 through September
Gail Owings, Director of Planning and Zoning, appeared and reported that
on October 28, she met with Jim Thompson, Assistant Division Chief, Regional
and Intermodal Planning, State Highway Administration (SHA), Faith Elliott
Rossing, Queen Anne’s County Planning Director, Steve Walls, Queen Anne’s
County Public Works Director, and Richard Lindsay, District Engineer,
to enter an agreement to add the MD Route 213 Bypass to the Highway Needs
Mrs. Owings also reported that Mr. Thompson requested that the Counties
add the latest alignment to their Comprehensive Plan.
The representatives from Queen Anne’s County tentatively agreed (pending
approval of the County Commissioners) to add the proposed Bypass to the
Highway Needs Inventory. This would enable the State to retain the property
purchased for the proposed Bypass right of way.
Mrs. Owings referred to a Memorandum dated November 4 which she sent to
the Board with attachments of the history of the Bypass project, the proposed
alignment, and information provided at the 1988 hearing on the proposed
The Commissioners decided not to meet during the week of November 21,
COUNTY ROADS DIVISION
Carter Stanton, Public Works Director, reported to the County Administrator
that the County Roads Division is ready to retire a 1994 Dump Truck with
scraper. A verbal offer was made to the incorporated municipalities and
the town of Rock Hall was the only town who was interested and offered
a purchase price of $10,500.
The Commissioners approved to accept this offer, however, Mr. Stanton
will be requested to obtain a written statement from the other towns as
to the offer made and of their disinterest in purchasing this vehicle.
DEPARTMENT OF WATER AND WASTEWATER SERVICES
Tolchester Service Area
Correspondence dated October 26 was received from Jim and Tracy Stone
extending their thanks to the Commissioners for meeting with Tolchester
Service Area residents on October 23 to discuss the proposed ten additional
sewer allotments for Tolchester.
They also asked the Commissioners to consider their opinions which they
wrote as follows:
- In the Stones’ opinion, the residents are experiencing many problems
with the original forty allotments, citing the condition of roads, water
drainage and wetlands are major causes, and further suggesting that ten
additional homes might have a serious negative impact.
- Recognizing the importance of property owner rights, the Stones noted
that every property owner knew that there were forty allotments granted
on a first come, first serve basis, and that it was made public knowledge.
- They requested that the Commissioners consider that putting septic systems
into an area that has historically had septic failures seems, in their
Correspondence dated November 2 was received from Gerald Emerick of Bayshore
Road, Chestertown, in reference to his lots in Tolchester Estates on Maryland
Avenue, Map 35A, Parcel # 98, Lots 28-36 and 27-35, and requesting that
the Commissioners maintain the original allotment of allocations that
existed before the moratorium on allocations went into effect. He expressed
his opinion that there is a need for affordable lots in the County.
Skinners Neck Service Area - The Commissioners approved and signed
Public Works Agreement with Roslind F. Hill and Rebecca Marshall for one
sewer allocation on property located on Map 51, Parcel 141 in the Skinners
Neck Service Area.
Worton Service Area - The Commissioners approved and signed Public
Works Agreement with Ernest Robinson for one water allocation and one
sewer allocation for property located on Map 20, Parcel 247 in the Worton
Bay Restoration Fund - Correspondence dated October 27 was received
from Robert E. Warfield, Chair, Bay Restoration Fund Advisory Committee,
requesting input from Kent County as to how best to identify users of
onsite sewage disposal systems and on the best method of collecting a
fee from these users.
The Committee is hoping to learn what, if any, progress the County has
made to date on this matter and what data the County has that may be useful
for identifying and billing sewage disposal system users. The Committee
will use this information, along with information from the Maryland Department
of the Environment, Maryland Department of Planning, Maryland Department
of Assessments and Taxation, Maryland Department of Natural Resources
and Environmental Health Departments to make recommendations to the Counties
in the State.
A response will go forth recommending that the Bay Restoration billing
coincide with the County property tax billing.
At the recommendation of Jim Wright, County Engineer, the Commissioners
approved the release of the letter of credit from the Peoples Bank of
Kent County for the account of Commercial Roof Coating, LLC for the Detention
Center roof replacement.
EASTERN SHORE HERITAGE AREA
STORIES OF THE CHESAPEAKE HERITAGE AREA
Bernadette Bowman, Director, Tourism Development, and Gail Owings, Director
of Planning and Zoning, appeared and reported that at its October 21 meeting,
the Board of Eastern Shore Heritage, Inc. approved the logo for the Stories
of the Chesapeake Heritage Area, and presented the logo to the Commissioners.
The logo includes the image of a book, a skipjack, and water in hues of
blue, and will be used in all marketing materials and as the main graphic
identity for the Heritage Area.
They also reported that in July, the Maryland Heritage Area Authority
approved the Heritage Area Management Plan. Once the Plan is included
in each jurisdiction’s Comprehensive Plan, The Maryland Heritage Area
Authority will grant final certification to the Stories of the Chesapeake
Mrs. Van Pelt and Mrs. Owings are currently coordinating this process
with each of the five incorporated towns. Mrs. Van Pelt reported that
the Chesapeake Heritage Area is comprised of four counties: Kent, Queen
Anne’s, Cecil, and Talbot, and represents an effort to preserve, protect,
interpret, and promote the historical heritage of the area represented
by the four counties. Of the eleven Heritage Areas in the State, the Chesapeake
Heritage Area is the most recent addition on the list of areas.
EMERGENCY MEDICAL SERVICES
Commissioner Crow plans to attend a meeting on November 10 at which time
Dr. Richard Alcorta, State Medical Director, will meet with all concerned
parties at the Chester River Hospital Center to discuss the paramedic
shortage in the County.
FIRE CHIEFS ASSOCIATION
On October 27, the Commissioners hosted a workshop in the County Commissioners
Hearing Room with representatives of the Kent County Fire Chiefs Association
facilitated by Margie Elsberg.
The workshop convened at 7:30 p.m. relating to administration of county
policies concerning the volunteer fire companies established by previous
Boards of County Commissioners and the current Board of County Commissioners.
Gregg Bird and Chris Powell represented the Fire Chiefs Association and
there were approximately twenty other members in attendance.
Policies discussed related to the radio system, LOSAP, funding, volunteer
recruitment and retention efforts, 911 dispatchers, dry hydrant approval
and paramedic program
The workshop adjourned at 10:00 p.m.
The Commissioners approved a raffle and gaming permit for the Betterton
Still Pond Lions Club for their fund-raising event to take place at the
Betterton Fire Hall, Betterton, on November 13, 2004, and for the Kennedyville
Volunteer Fire Company for their fund-raising event to take place at the
Kennedyville Volunteer Fire Company building, Kennedyville, from November
15 through December 15, 2004.
GOVERNOR’S OFFICE OF CRIME CONTROL AND PREVENTION (GOCCP)
Correspondence dated October 20 was received from Alan C. Woods, III,
Director, Crime Control and Prevention, indicating that the GOCCP has
requested an update from every jurisdiction to its 2004 submission for
a local criminal and juvenile justice strategy document and/or list of
priorities from each Maryland County.
HOUSING IMPROVEMENT PROGRAM (HIP)
Correspondence dated October 27 was received from Nancy Palmer, Director,
Office of Programs and Regional Development, Maryland Department of Housing
and Community Development (DHCD), indicating that the County’s request
for additional Maryland Community Development Block Grant (CDBG) funds
has been approved.
The Commissioners approved and signed Amendment to Grant Agreement between
the Maryland Department of Housing and Community Development and Kent
County to amend Grant Agreement Number MD 03-CD-23 dated November 25,
2002 changing completion date to June 30, 2005 and changing grant amount
from $185,000 to $260,000.
Correspondence dated October 25 was received from Cindy Stone, Deputy
Administrator, Office of Programs and Regional Development, reporting
that each of the three matters of concern listed in the Monitoring Report
conducted by the Maryland Department of Housing and Community Development
(DHCD) pertaining to the County’s use of the Maryland Community Development
Block Grant (CDBG) Program and participation in HIP project have been
cleared as per the County’s corrective actions.
Correspondence dated November 1 was received from Caroline L. Cain, Manager,
Grant Accounting, DHCD, reporting that because the amount of Federal grant
funds to the County is under $500,000 (i.e. $214,667), the County is not
required to submit a copy of its Single Audit, pursuant to the Single
Audit Act. However, an audit will be requested if the County has received
and expended other Federal grant funds from other sources during Fiscal
Year 2004, bringing the County’s total to $500,000 or more.
For Fiscal Year 2004, the County received Federal financial assistance
from the DHCD as follows: Department of Housing and Urban Development
- CDBG - $90,951.00 Department of Housing and Urban Development - Section
8 Housing Assistance - $123,716.22.
A Memorandum dated November 2 was received from Jack M. Canan, Coordinator,
Housing and Community Development, advising of a partnership between the
HIP project and Rebuilding Together Kent County, MD through which a HIP
applicant’s home received needed repairs, i.e. repair of a leaky roof
and a new porch.
HUMAN RELATIONS COMMISSION
An annual report was received from the Human Relations Commission.
A copy of a motion made by the Humane Society of Kent County and approved
by its Board of Directors on October 26 was received from Suzanne Craddock,
Secretary, requesting that the Commissioners amend the 2004-2005 Budget
so as to exclude the $30,000.00 which was earmarked for the Humane Society’s
building addition from the Capital Expenditure portion of the same budget.
The Humane Society also expressed its appreciation to the Commissioners
for their support of its mission.
At 5:10 p.m., a motion was made by Commissioner Crow, seconded by Commissioner
Livie and made unanimous by Commissioner Pickrum to go into closed session
for legal counsel in accordance with State Government Article, Section
10.508 (a)(4)(7) of the Annotated Code of Maryland.
Items of discussion included land acquisition, litigation, and public
The closed session adjourned at 5:45 p.m.
COUNTY OWNED PROPERTY
The Commissioners reviewed proposals submitted by Earth Data, Inc. and
John D. Hynes and Associates, Inc. and approved the recommendation made
by Jim Wright, County Engineer, to retain Earth Data Inc. to conduct the
hydrogeologic investigation of the old County Roads Shop in Massey.
A copy of Massey Water Test Results - 11-01-04 was received from the County
Health Department. The results were as follows:
MTBE - a known gas contaminant, all levels found in six properties were
below action levels. NAPH (naphthaline) - known gas contaminant, level
found in one property was 1.16 ppb, which is well below the action level
of 10 ppb.
THM (trihalomethanes) - affecting three properties in the sample, it is
not considered a gas contaminant, usually found in water samples following
chlorination; no reported toxicity in humans below 80 ppb (level in sample
was 2.96 ppb).
TCFM (trichlorofluoromethane) - affecting three properties in the sample,
it is not considered a gas contaminant, similar to freon used in air conditioners,
refrigerators, and aerosol spray propellants; to date no reported toxicity
A copy of correspondence dated October 29 was received from Nony Howell,
Sanitarian Supervisor, Environmental Programs, Health Department, which
was sent to the residents of the Massey community whose wells were not
included in the precautionary sampling of wells within the 1/4 mile radius
of the contaminated wells in Massey. The letter indicates that if the
property owners would like to have their well water analyzed, they may
do so by contacting the Health Department at 410-778-1361.
MEDICAL MALPRACTICE BILL
A copy of highlights of Governor Ehrlich’s medical malpractice bill was
received via electronic mail from Karen Smith, a representative of the
Governor’s office for the Board’s information.
MENTAL HEALTH SERVICES
A copy of correspondence dated November 1was received from Richard A.
Goldstein, Executive Director, For All Seasons, Inc., of Easton, and directed
to Captain Martin Knight, Maryland State Police, Barrack “S”, of Centreville,
with enclosure of an announcement of the 24-7 mental health consultation,
a support program being offered by For All Seasons, a licensed mental
health clinic, and Mid-Shore Mental Health Systems, the local mental health
authority for the Mid-Shore. Compliance with this program is voluntary.
MONTABELLO HILLS II SUBDIVISION
At the recommendation of Gail Owings, Director of Planning and Zoning
Administration, the Commissioners approved to accept the following Irrevocable
Letters of Credit from the Mercantile Eastern Shore Bank for the account
of Partners II of Montabello LLC to guarantee compliance with county ordinances
and regulations for the following projects: sediment and erosion control
- $96,975; storm water management - $25,183; storm water management area
seeding - $3,125; road construction - $364,009; Coopers Lane Buffer and
Entrance Planting - $15,625; lawns and meadows - $27,500; afforestation
planting - $14,170; street trees - $65,000.
PARKS AND RECREATION
A Memorandum dated November 4 was received from Jeff Troester, Director
of Parks and Recreation, reporting that there is a surplus balance of
$60,000 in operating expenditures represented in the final budget figures
of the Fiscal Year 2004 Parks and Recreation Budget. Mr. Troester indicated
that the surplus is a direct result of grant funding and emphasized that
this excess is not likely to be a recurring situation.
Mr. Troester requested an amendment to Parks and Recreation’s Fiscal Year
2005 Budget to include the surplus funding from Fiscal Year 2004, to be
used as a one time purchase or expense. The surplus could not be used
towards anything that would be recurring or that would create future expenses.
Mr. Troester provided a list of proposed expenditure using the surplus.
This request will be further considered before taking any action.
A proclamation was approved and signed by the Board recognizing Jon Longest
for his years of dedicated service as a county employee in public safety.
On November 14 at the Kent and Queen Annes Rescue Squad a reception is
scheduled for Mr. Longest and his family to receive farewells on their
relocation out of the county.
The Commissioners approved and Commissioner Pickrum signed Agreement for
Professional Services with Collins Consulting Services, LLC to provide
human resources consulting for a comprehensive classification and pay
plan study. Kent Soil and Water Conservation District
Correspondence was received from Karen L. Miller, District Manager, Kent
Soil and Water Conservation District, in her correspondence dated November
4 requesting approval to place the individual to be employed as a Soil
Conservation Planner, a position secured through grant funding received
by the Kent Soil and Water Conservation District on the County payroll.
Due to the State’s hiring freeze, the Soil and Water Conservation District
lost the pin number for this position, recently vacated. Ms. Miller explained
that this position would be shared with Queen Anne’s District, the main
office for whom would be located in the Kent Soil and Water Conservation
District office. Ms. Miller would be responsible for hiring and maintaining
all pertinent paper work given that he/she would be considered to be a
Kent District employee. The Soil Conservation Planner position would be
totally funded by the grant; the County would have no financial responsibility
for the employee.
The Commissioners requested Pat Merritt, Director of Budget and Accounting,
to obtain further information before taking any action on this request.
At 5:45 p.m., a motion was made by
Commissioner Crow, seconded by Commissioner Livie and made unanimous by
Commissioner Pickrum to go into closed session to discuss personnel matters
in accordance with State Government Article, Section 10.508 (a)(i)(ii)
of the Annotated Code of Maryland.
T. Edward Robinson, County Administrator, was also in attendance.
The closed session adjourned at 6:00 p.m.
In reference to the request made by Rebuilding Together Kent County, MD
for a permanent waiver of the tipping fees that are required with the
disposal of construction waste associated with the rehabilitation of homes,
Commissioner Crow (cit. “Minutes,” Commissioners’ Meeting, October 26,
2004) recommended that a line item be put in the next Fiscal Year 2006
budget for further consideration based on the a possible ceiling on tipping
Bernadette Bowman, Director of Tourism Development, appeared and updated
the Board concerning the Scenic Byway Gateway Signs project, reporting
that all of the incorporated towns have approved the landscape design
and locations for the signage. She also reported that Allysha Nelson-Lorber,
Landscape Architect, of McCormack Taylor Consulting has agreed to write
the grant to fund the project and is currently preparing the grant.
Mrs. Van Pelt reported that the State Highway Administration will apply
the value of the land at the location of the signage to the matching grant.
She also reported a correction to the cost of the signs: $1,500.00 and
SHORE EROSION CONTROL
Correspondence dated October 21 was received from Greg Nicklas, Florida
Avenue, Chestertown, directed to Susanne Hayman, reporting that he has
been in discussions with the Maryland Department of Natural Resources
in an effort to secure a State loan for the purpose of building a revetment
to protect the shoreline on his property and the property of a number
of his neighbors in Tolchester. He indicated that they are at the point
of formally applying to become part of the State’s program for funding
shoreline protection projects, the first step of which is to secure the
required sponsorship from the County.
Noting that this sponsorship does not represent any expense to the County,
Mr. Nicklas explained that sponsorship is required by the State in order
that the State can be assured of being able to collect on its loan. The
process of securing a State loan involves establishing a special tax district
that the County would administer in conjunction with its collection of
A motion was made by Commissioner
Livie, seconded by Commissioner Crow and made unanimous by Commissioner
Pickrum to approve the sponsorship by the County of properties located
in Tolchester and owned by the following as a Special Taxing District
in accordance with Article 25, Section 167B of the Annotated Code of Maryland
for the purpose of obtaining project funding from the Department of Natural
Resources’ Shoreline Erosion Project to repair and maintain their shoreline:
The Tolchester Community Association, Gregory Nicklas and Joni Herman,
James L. And Diane G. McNeal, John H. Carter and Julie Bondanza, and Susan
COUNTY OWNED PROPERTY
The Commissioners approved and signed Termination and Release of Lease
for property located on Map 15, Parcel 258 known as the Duck Puddle Farm
in the First Election District. The purpose of the Termination is to correct
error in lease for portion of property currently being utilized as the
Galena Transfer Site.
US COASTGUARD PROPERTY
A copy of a notice was received from the US Corps of Engineers directed
to Mike Boylan of Doylestown, PA as it relates to pier construction in
Still Pond Creek, adjacent to the county owned property.
UPPER SHORE AGING (USA)
Correspondence dated November 4 was received from Carl E. Burke, Executive
Director, USA, with updates on USA’s efforts to effect a smooth transition
regarding the change of public transportation service providers anticipated
for Kent County for July 1, 2005.
The following were included among the efforts, in cooperation with Delmarva
Community Services, which Mr. Burke listed:
- USA is alerting Delmarva Community Services, Inc. to the existence of
potential funding partners in the community regarding the Job Access/Reverse
Commute program for Fiscal Year 2006.
- USA has met with Disabled Person’ and Seniors’ Advocacy groups to give
assurance of the uninterrupted and continued availability of much needed
public transit services in the County after July 1, 2005.
- USA staff continues to actively participate in meetings of Maryland
Upper Shore Transit (MUST) to apprise other public transit providers and
stakeholders of the status of transition activities.
A copy of correspondence dated November 4 was received from Mr. Burke
and directed to Dr. Leland Spencer, Health Officer, informing Dr. Spencer
that USA will no longer administer any Maryland Transit Administration
operating grants after June 30, 2005.
Mr. Burke also reported that any ancillary transportation service that
USA currently provides, such as Adult Day Care and Medical Assistance
transportation, will cease on June 30, 2005.
Mr. Burke advised that USA’s long-term goal is to secure private grant
funding for a new volunteer-based “Specialized Transportation Program”
which would serve elders who need healthcare-related transportation during
those times when public transit is not available.
There being no further business to claim their attention, the Board adjourned
to meet again on Tuesday, November 16, 2004.
THE COUNTY COMMISSIONERS
OF KENT COUNTY, MARYLAND
Janice F. Fletcher
Approved: William W. Pickrum, President