The Honorable Board of County Commissioners
met with the following present: Roy W. Crow, Scott D. Livie, and William
W. Pickrum, presiding.
Susanne Hayman, County Administrator, was also in attendance. Minutes
of the previous meeting were approved.
W. Roger Williams, Treasurer, reported
a balance of $9,423,545.00.
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
BAYSIDE PUBLIC LANDING
A copy of correspondence directed to the Public Works Director was received
from Jeff Troester, Director of Parks and Recreation, regarding the status
of the Bayside Park projects. Mr. Troester reported that a Program Open
Space application will be submitted to the Maryland Department of Natural
Resources within the next couple of weeks for funds for the renovation
of the restrooms. Mr. Troester also provided an update on the tree planting
project which was required as part of the critical areas mitigation, the
final Program Open Space reimbursement request was just submitted. Both
projects are intended to be completed before the summer season.
BOARD OF EDUCATION (BOE)
Dr. Bonnie Ward, Superintendent, and Frances W. Miller, Assistant Superintendent
of Administrative Services, both of Kent County Public Schools, appeared
and reviewed and presented the BOE's request for the Commissioners' approval
of a budget amendment for both the unrestricted #4 and restricted #3 Fiscal
Year 2005 budgets, and to provide the Commissioners with an update on
the Kent County High School (KCHS) Renovation Project.
Dr. Ward initiated the discussion by expressing her gratitude to Commissioner
Pickrum for attending Dr. Siemen's retirement celebration. She then continued
by reviewing history and updates for the final contract information for
the Project Manager and the Architect/Engineer as it pertains to the High
School Renovation Project. Beginning in Spring 2003, the KCHS renovation
was planned for $11Million for construction Phases I, II, and III ($10
Million of which anticipated from the State and County governments combined)
and $1 Million for project manager/architect/engineer services committed
by the County. On November 12, the BOE received the recommendations for
planning and funding approval for Fiscal Year 2006 School Construction
which included approval for the KCHS renovation for Phase II and Phase
III. It indicated that the funding from the State for the project for
Fiscal Year 2006 would in fact be $2 Million and not the $2.228 Million
as requested by the BOE.
In addition, Dr. Ward reported that the State requested that the schematic
design documents for Phase II and Phase III be prepared immediately and
submitted by the end of December 2004. The firm of Becker Morgan requested
reaffirmation of the contract in a letter from the BOE that authorized
it to proceed with the Basic Services portion ($658,250 plus $20,000 reimburseables)
and confirmed the change in the schematics design fee ($10,000 less) in
order that the BOE can meet the State's deadline. Dr. Ward reported that
the BOE recommended that Becker Morgan receive affirmation of the contract
in a letter from the BOE that authorizes them to proceed with the Basic
Services portion as indicated above, and confirmed the change in the schematics
design fee, as indicated above, so that the BOE can proceed to meet the
State's deadline. The BOE also recommended that Whiting Turner (construction
company) receive a letter from the BOE indicating its acceptance of Whiting
Turner's revised fee schedule ($679,160).
Commissioner Crow requested that clarification be made in the BOE's report
that the $1,386,922.00 approved by the Commissioners represents funding
for the construction phases of the renovation project and not the for
project manager/architect/engineering services. Dr. Ward and Ms. Miller
concurred that Commissioner Crow's point was well taken and assured the
Board that they will keep the Commissioners well-informed of all the details
and progress of the project.
Commissioner Pickrum requested that the BOE convey to the Board of Public
Works that Kent County would like to be treated as equitably as all of
the other counties in the State concerning its funding designations and
that the Commissioners would be interested in learning more about the
rationale behind the funding criteria utilized by the Board of Public
Works. Dr. Ward offered to schedule a meeting among representatives of
the BOE, the Board of Public Works, and the Commissioners if that would
be in the interest of the Commissioners. The Commissioners did not accept
her offer at this time due to plans to discuss this issue as a legislative
initiative with the local delegation on January 4, 2005.
Ms. Miller then proceeded to present
the BOE's budget amendment requests as follows:
Unrestricted Fund # 4 Amendment
The BOE entered into a lease agreement with Head Start at Garnett Elementary
School and will receive $10,802 in rent with the intention of using this
money to hire an additional .5 custodian. The BOE requested approval for
the use of rental fees received from Head Start to support the additional
The second part of the amendment request recognized $7,067 received from
an estate which the BOE would like to use to purchase additional classroom
To questions posed by the Commissioners, Ms. Miller indicated the following:
- that prior to the move of Head Start into Garnett Elementary School,
it contracted out its custodial services;
- the furniture purchased for the
school is not budgeted as a capital expense;
- that the BOE is reimbursed by Head Start for the costs of its food and
rent and that the BOE charges Head Start for its utilities' expenses by
the square footage of the space it utilizes as per State law;
- that the two alternative education classrooms located in the BOE's building
on Washington Avenue are still being utilized and continue to be available
for educational purposes.
A motion was made by Commissioner Crow, seconded by Commissioner Livie,
and made unanimous by Commissioner Pickrum to approve the budget amendment
Restricted Fund # 3 Amendment
The BOE requested approval to accept eleven additional grants and an adjustment
to the #16 Title I C/O grant to permit the addition of a teacher at Chestertown
Middle School (CMS) to reduce the student to teacher ratio effective January
1, 2005. Ms. Miller reported that the school system received notification
that eleven grants were awarded to the BOE for programs for the approximate
amount of $65,000 for various programs including funding to support special
education instructional salaries, funding for instructional materials,
and funding for a .5 teaching position.
Responding to the Commissioners' questions, the preferable ratio of students
to teachers is 24:1; this fall, CMS received a higher enrollment of students,
specific to its sixth grade, of more than 24 students. To Commissioner
Livie's question as to whether or not any grant funding was received from
Chesapeake College's "Lead the Way" program, Ms. Miller answered in the
affirmative and praised "Lead the Way" as a very helpful support, funding
needs such as the development of staff and teachers, and equipment.
A motion was made by Commissioner Crow, seconded by Commissioner Livie,
and made unanimous by Commissioner Pickrum to approve restricted budget
amendment # 3 as presented.
CHESAPEAKE FIELDS INSTITUTE
The Commissioners approved and signed correspondence directed to Secretary
Aris Melissaratos, Maryland Department of Business and Economic Development
advising of the Board's endorsement of the Chesapeake Fields Institute/Chesapeake
Fields Farmers, LLC collaborative effort to build a business campus in
the Millington area and requested the State's continued support for financial
assistance on this endeavor.
Gail Owings, Director of Planning and Zoning, appeared and reported about
the Comprehensive Plan Workshop held on December 1 at Washington College,
at which approximately 55 Kent County citizens participated. The workshop
focused on the Economy, Countryside, and Environment Section of the Plan.
Attached to her Memorandum dated December 10 directed to the Commissioners
were the workshop agenda and a summary of comments received, inclusive
of the following:
Countryside - encourage more dialogue
between the Tourism Development Office and the agricultural community
and develop guidelines for the 20 to 30 acre rural character zone;
Environment - study management of mineral resources in the County, wind
energy should be encouraged as a strategy;
Economy - encourage the retirement community and opportunities that meet
the needs of retirees; provide affordable housing for a variety of employees.
The Commissioners decided not to conduct a regularly scheduled meeting
of the Board of County Commissioners during the week of December 26, 2004.
A bid opening took place on December 10 for the sale of two County-owned
vehicles in as is condition, a 1994 Dodge pick-up truck, with mileage
145,879, used by the Sheriff's Office (vehicle # 1) and a 1991 Ford Explorer,
with mileage 132,023, used by the Planning Office (vehicle # 2). The bids
received were as follows:
Marty Davidson - Vehicle # 1 - $125.00; Vehicle # 2 - 125.00.
Catherine M. Kelmartin - Vehicle # 1 - No Bid; Vehicle # 2 - $300.00.
The Commissioners awarded the sale of Vehicle # 1 to Marty Davidson and
Vehicle # 2 to Catherine Kelmartin, the highest bidders.
It was noted that this was the second time these vehicles were advertised
as for sale.
The Commissioners approved the request received from J. Edward Spray,
Superintendent of County Roads, to purchase a used tire changer for $5,500
to be funded out of their Fiscal Year 2005 Reserve Account. The current
tire changer does not allow County Roads to change all the tires for the
different types of equipment and the department will recognize a large
cost savings by purchasing a used machine.
DEPARTMENT OF WATER AND WASTEWATER
Wayne Morris, Director of the Department of Water and Wastewater Services,
appeared and reported about the following:
Tolchester Service Area - The Commissioners approved and signed
a Public Works Agreement with Janet H. Higgins of Kent County for the
property known as Tax Map 34, Parcel # 1, Lot 17 in the Tolchester Heights.
Worton Service Area - The Commissioners approved the request made
by James M. Wright, Jr., County Engineer, for four water and sewer allocations
for the Kent County Business Park at Worton. Mr. Wright indicated in his
request, dated December 10, that the project will consist of four industrial
zoned lots, and that the purchaser may require additional allocation for
their particular use.
Piney Neck Service Area - The Commissioners approved a request
made by Charles R. Hudson of Rock Hall for one sewer allocation for the
property known as Tax Map 55, Parcel # 82 currently owned by Mr. Hudson
and Susanne Kelly Hudson.
Fairlee Service Area - A letter dated December 10 went forth to
Congressman Wayne Gilchrest responding to the questions posed by his constituent,
Margot Kindig, regarding the increase in water and sewer rates.
EMERGENCY MANAGEMENT AGENCY (EMA)
The Kent County Emergency Operations Plan was approved by the Local Emergency
Planning Committee (LEPC) and presented at a Public Information Meeting
on December 7. The purpose of the plan is to: 1) identify the roles and
responsibilities of County and local agencies for emergencies or major
disasters, either natural or man-made, 2) to describe the policies and
procedures for the response and recovery phases of all emergency activities
and 3) to assign functional responsibilities to County and local agencies.
In follow up to that meeting, the Commissioners endorsed and signed the
Kent County Emergency Operations Plan Promulgation Statement declaring
this document as the official Emergency Operations Plan for Kent County,
superseding all previous emergency and disaster plans.
EMERGENCY MEDICAL SERVICES (EMS)
Correspondence dated November 30 was received from Dr. Richard L. Alcorta,
Medical Director for the Maryland Institute for Emergency Medical Services
Systems (MIEMSS) advised that he and John Barto, MIEMSS, Region IV Office,
will accept the Commissioners' request to participate in the Kent County
EMS SWOT Analysis.
GALENA MAYOR AND COUNCIL
PROGRAM OPEN SPACE
Correspondence dated December 7 was received from Mayor Harry J. Pisapia
and the Council of Galena requesting the Board's consideration of Program
Open Space (POS) funding for the purpose of establishing a Town Park in
Galena. Two years ago, the Mayor and Council applied for POS funding from
the County and was granted approval of $7,000.00. Mayor Pisapia reported
that no funding has as yet been received, pending approval of the Board
of Public Works, and that the Town has spent $45,000.00 for playground
equipment and at least $10,000 in preparation and labor in kind for the
upkeep and maintenance of the park.
Ms. Hayman will meet with the Parks and Recreation Director to obtain
further information on this request.
The Commissioners approved a raffle permit for Camp Discovery for its
fund-raising activity to take place throughout Chestertown from December
2004 through March 2005.
Correspondence dated December 10 was received from Mark L. Mumford, Clerk
of Court, advising that the Grand Jury for Kent County will convene and
be sworn-in by the Honorable J. Frederick Price on January 10, 2005, the
proceedings to begin at 9:00 a.m.
HUNTERS RUN SUBDIVISION
At the recommendation of Gail Owings, Director of Planning and Zoning
Administration, the Board approved to accept replacement Irrevocable Letters
of Credit from the Centreville National Bank for the account of Hunters
Run Roads, LLC to guarantee compliance to county ordinances and regulations
for the following projects involved in Phase B of Hunters Run Subdivision:
Landscaping - $45,102.50; Road Construction - $180,000.00 and Sediment
Control and Storm water Management - $65,476.25 . The termination date
of the irrevocable letters of credit is November 30, 2007. These documents
replace irrevocable letters of credit dated July 9 for the account of
Hunters Run, LLC with termination date of July 9, 2007.
At 8:20 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 legal matters in accordance with State Government Article,
Section 10.508 (7)(8) of the Annotated Code of Maryland.
Items of discussion included local legislation and Kent Museum Lease Agreement.
The closed session adjourned at 8:30
ADEQUATE PUBLIC FACILITIES ORDINANCE
Correspondence dated December 7 was received from the Queen Anne's County
Commissioners soliciting the support of Kent County for the proposed State-wide
legislation to apply County Adequate Public Facilities Ordinance (APFO)
actions to municipalities. Their concern is the impotence of the APFO
when municipalities annex new land for development. While respecting the
sovereignty of the municipalities, the Queen Anne's County Board expressed
its concern that the municipalities meet their respective county's requirements
for education, affordable housing, roads, emergency services, etc., noting
the shortage of almost 300,000 affordable homes and the need for more
new schools and more emergency services in the State.
The Commissioners reviewed this correspondence with Gail Owings, Director
of Planning and Zoning. She stated that counties have legal recourse to
delay sub-division development for a long time; however, they cannot absolutely
prevent the construction of the same. She added that when counties attempt
to inhibit sub-division development, they may inadvertently be encouraging
that type of development into the countryside.
A letter will go forth from Mrs. Owings to the Queen Anne's County Board
of Commissioners indicating that the Board will consider its request to
support the proposed State-wide legislation to apply County Adequate Public
Facilities Ordinance (APFO) actions to municipalities after the Kent County
Board of Commissioners has solicited and received the opinions of its
municipalities about the proposed legislation.
LOCAL MANAGEMENT BOARD
The Commissioners appointed Ed Robinson, Human Resources Director, as
the alternate member to the Local Management Board of Children and Family's
Services (LMB) to represent the Board of Commissioners in the absence
of Commissioner Pickrum.
MOORING BUOY REGULATIONS
Herschell Claggett of Worton appeared and presented two requests to the
Commissioners regarding mooring regulations. Carter G. Stanton, Director
of Public Works, was also in attendance.
Mr. Claggett briefly reviewed the history of mooring regulations in the
County and of past legal issues that he pursued (cit. "In the Matter of
Renewal of Mooring Buoy Permit for Worton Creek Marina, Inc. V. Herschell
B. Claggett, Petitioner" - Public Hearing minutes dated April 30, 2002;
and "Administrative Hearing - Mooring Buoys" - Public Hearing minutes
dated July 22, 2003.). Mr. Claggett stated that the purpose of his appearance
tonight is to request the following amendments in the Kent County Mooring
Regulations: (1) to define "mooring" as any permanently or semi-permanently
anchored boat (over 10 days) whether anchored or moored; and (2) that
the Commissioners consider recanting all of the County's regulations pertaining
to nonconforming moorings without permission of the landowner and to allow
all marinas to moor boats outside their water space with the permission
of the adjacent landowner.
A significant amount of discussion took place raising topics such as riparian
rights, the determination of the terms, anchor and mooring, mooring regulations
prior to and during waterfowl hunting season, etc. Mr. Stanton reported
that he and Ms. Hayman are currently preparing a definition for mooring
and are drafting proposed amendments to the Mooring Regulations. Commissioner
Pickrum noted that it is his understanding that the term anchoring is
understood as denoting something temporary, and the term mooring is understood
as denoting something that may be permanent.
Commissioner Livie concurred with
Mr. Claggett that there are many "grey areas" in the discussion that took
place and he expressed his appreciation to Mr. Claggett for raising important
and helpful points for the Board's consideration.
No further action was taken at this time.
NATIONAL GUARD HOMECOMING CELEBRATION
Correspondence dated December 6 was received via electronic mail from
Beverly Fabri, expressing her objection to the fact that no officials
representing the government, school board, or police were in attendance
at the "welcome home" celebration that was held for Sgt. Travis Manning
at the American Legion in Chestertown earlier this month. She suggested
that in January, when the Chestertown National Guard soldiers return home,
that a celebration, inclusive of citizens representing all of the above
be in attendance to show their support and to thank the soldiers for defending
the United States.
A letter will go forth to Mrs. Fabri indicating that the Commissioners
were not made aware of the welcome home celebration, however, and that
they look forward to receiving the details of the welcome home event for
the Chestertown National Guard members returning home in January 2005.
PARKS AND RECREATION ADVISORY BOARD
A Memorandum was received Jeffrey J. Troester, Parks and Recreation Director,
advising that Sam Johnston has resigned as a member of the Parks and Recreation
Advisory Board due to other commitments. The Commissioners approved to
appointed Melissa Taylor Cannon as a member of this Board to fill the
unexpired term ending December 31, 2005.
Mr. Troester also advised that Jay Sawyer was not interested in reappointment
to this Board due to other commitments, however, has expressed interest
in remaining actively involved with the KCHS stadium lighting project.
The Commissioners approved reappointment of J. Michael Otwell and Joyce
B. Moody and appointment of Joe Mulford as members of this Board for a
four year term ending December 31, 2008.
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
to discuss personnel matters in accordance with State Government Article,
Section 10.508 (a)(i)(ii) of the Annotated Code of Maryland.
Ed Robinson, Human Resources Director, was also in attendance.
The closed session adjourned at 6:05 p.m.
PLANNING AND ZONING
Gail Owings, Director of Planning and Zoning, appeared and reviewed the
decisions made at the meeting of the Planning Commission which took place
on December 2. Discussion was initiated by Commissioner Crow concerning
the cleaning up of derelict buildings owned by absentee landlords. In
response to Commissioner Crow's questions, Mrs. Owings indicated that
she would look into the incentives utilized and disincentives which exist
throughout the State, and will inquire, as per the suggestion made by
Commissioner Pickrum, with the National Association of Counties.
Mrs. Owings outlined the decisions made by the Planning Commission which
included the following:
- a conditional preliminary site
plan for the proposed Drayton Conference Center and Spa was approved.
In response to Commissioner Pickrum's request. Mrs. Owings will inquire
with the Fire Chiefs' Association about the possibility of providing a
fire department sub-station for the Town of Worton given the inherent
increased need for fire prevention and protection of the proposed conference
- a conditional preliminary site plan for "Kennedyville Village" development
- a 14-lot sub-division in the Georgetown section of Fairlee was approved;
- final approval was given to Alger Oil, contingent upon its receipt of
a permit from the Maryland Department of the Environment.
BAYSIDE PUBLIC LANDING
Concerning the Bayside Public Landing Tree Planting Project, which was
completed on November 20, Amy Moredock, Environmental Planner, Jeff Troester,
Director of Parks and Recreation, Teri Batchelor, Department of Natural
Resources Forester, and approximately 25 Scouts of Troop # 130, as well
as Scout Master Art Elliott, Assistant Scout Masters Ted Batchelor, Bob
Ramsey, Mark Blyman, Rose Wallace, and Jeff Green and other interested
persons were present for the Commissioners' recognition of the following:
Ira J. Green - The Commissioners read a Proclamation recognizing
Ira J. Green, of the Boy Scouts of America, Troop # 130, Kent County,
for having satisfied Eagle Scout goals by displaying his leadership of
Troop # 130 in its contribution toward the Bayside Public Landing Planting
Boy Scouts of America - Troop #130 - The Commissioners read a Proclamation
recognizing that The Boy Scouts of America, Troop # 130, Kent County,
competently satisfied Boy Scout goals by displaying leadership with their
contribution towards the Bayside Public Landing Tree Planting Project,
and that Troop #130 displayed their dedication both to Kent County and
services to the health, habitat, and water quality of the Chesapeake Bay.
WORTON BUSINESS CENTER
The Commissioners approved four water and sewer allocations for the Worton
Business Center for four industrial zoned lots. It was noted that future
purchasers may require additional allocation for their particular use.
There being no further business to claim their attention, the Board adjourned
to meet again on Tuesday, December 21, 2004, at 8:30 a.m. in the Commissioners'
Hearing Room, 400 High Street, Chestertown.
THE COUNTY COMMISSIONERS
OF KENT COUNTY, MARYLAND
Janice F. Fletcher
Approved: William W. Pickrum, President