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KENT COUNTY, MARYLAND


Board of County Commissioners

November 9, 2004

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 reasons.

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 this winter.

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.


BAYSHORE ROAD

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 for Proposal.


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 bridge.


BUDGET

Pat Merritt, Director of Budget and Accounting, appeared and, as presented, the Commissioners approved and signed Resolution adopting Amended Fiscal Year 2004 Budget.


CHESAPEAKE COLLEGE

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 budget:

FY 2005

Caroline County - 23%

Dorchester - 19%

Kent - 9%

Queen Anne's - 24%

Talbot - 25%

FY 2006

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 ACTION STRATEGY

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 30, 2005.


CHESTERTOWN BYPASS

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 Inventory.

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 Bypass.


COUNTY COMMISSIONERS

The Commissioners decided not to meet during the week of November 21, 2004.


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 opinion, unwise.

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 Service Area.

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.


DETENTION CENTER

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 Heritage Area.

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.


GAMING/RAFFLE PERMIT

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.


HUMANE SOCIETY

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.


LEGAL COUNSEL

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 security.

The closed session adjourned at 5:45 p.m.


MASSEY PROPERTY
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 in humans.

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.


PROCLAMATION

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.


PERSONNEL

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.


REBUILDING TOGETHER

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 fees.


SCENIC BYWAYS

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 $2,000.00.


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 property taxes.

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 J. Peters.


SOLID WASTE
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
Executive Assistant

Approved: William W. Pickrum, President




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