Kent County Board of County Commissioners 10/21/2003

KENT COUNTY, MARYLAND


Board of County Commissioners

October 21, 2003

The Honorable Board of County 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 $9,535,936.00.


AGRICULTURAL LAND PRESERVATION DISTRICT

Correspondence was received from Elizabeth H. Morris, Chairperson, County Planning Commission, and John K. Bergen, Jr., Chairman, Agricultural Land Preservation Advisory Board, advising of their recommendation for approval of the application of Lorraine and Edwin Fry to create an agricultural land preservation district on their 404 acre parcel located on Augustine Herman Highway in the Third Election District. A public hearing will be scheduled.


BI-COUNTY MEETING

The County Commissioners of Kent County hosted the bi-county meeting held at the Amy Lynn Ferris Adult Activity Center and catered by Jeffrey D. Carroll, Amuse-Bouche Catering. The purpose of the meeting was to explore possible joint efforts to curtail escalating costs in the educational system while maintaining quality education for students in both counties as well as addressing escalating correctional system costs. Those in attendance were: Kent County Commissioners, William W. Pickrum, Roy W. Crow and Scott D. Livie, Ed Robinson, County Administrator, Janice Fletcher, Executive Assistant, Queen Anne's County Commissioners: Benjamin F. Cassell, Joseph F. Cupani, Michael S. Koval, R. O. Niedomanski, and Gene Ransom, III, Paul Comfort, County Administrator, Margie A. Houck, Executive Assistant, and Greg Nizza, Public Information Officer; Senator E. J. Pipkin, Delegates Mary Roe Walkup, Richard Sossi and Michael Smigiel; Dr. Bonnie Ward, Kent County Superintendent of Schools, Allan Hanifee, James Sieman, LaMonte Cooke (also Warden for Queen Anne's County), John Larrimore and Brian Kirby representing the Board of Education and Dr. Bernard Sadusky, Queen Anne's County Superintendent of Schools.

Regional Corrections Task Force -

LaMonte Cooke, Queen Anne's County Warden, advised that the Regional Corrections Task Force is looking into possibility of a regional facility for detention. Expansion for detention facilities will be needed nationwide according to current trends and statistics. Queen Anne's County explored possibility of expanding its detention center several years ago, however, costs were prohibitive and consideration was given for a regional facility. There are currently 18 regional facilities in Virginia and 10 in West Virginia. It has been experienced that some privatized projects ended up being more costly. Mr. Cooke advised that word was recently received that request submitted for technical assistance has been approved at no cost to the participating counties (Caroline, Cecil, Kent, and Queen Anne's Counties). At this stage, a consultant is to be selected by October 23. Senator Pipkin agreed to obtain opinion from the Attorney General as to the validity of this venture before moving forward.

Board of Education -

Commissioner Pickrum advised of declining enrollment in Kent County and of the need to explore options for utilizing the schools at full capacity as well as for cost reductions. Delegate Sossie suggested the two counties consider a regional financial office, regional transportation coordinator, etc. and regional purchasing. It was felt a cost savings may be recognized with sharing of vocational classes. It was also noted that a regional school district would need enabling legislation. Dr. Ward expressed interest in sharing the special education program and other alternative school classes. It was agreed by all in attendance to explore this possibility.

The meeting adjourned at 2:00 p.m.


BOARD OF ELECTION SUPERVISORS

The Commissioners approved and Commissioner Pickrum signed License Agreement by and between Kent County, Maryland (Licensor) and Diebold Election Systems, Inc. (Licensee) whereby the licensee will 1) provide secure storage of all equipment when not in use, 2) to provide secure transportation of all voting system equipment to and from polling places or local election headquarters, 3) maintain certain property and casualty insurance and general liability insurance and 4) provide certain assistance to the Kent County Board of Election Supervisors at an annual fee in the amount of $781.20.

A copy of correspondence sent by Florence L. Sutton, Election Director, County Board of Elections to Yvonne Denison, Election Systems & Software, Inc.(ES&S), was received requesting that, as per a prior conversation, the Extension Agreement between The Board of Elections and ES&S be cancelled on the Eagle Voting Equipment, and that the Board receive an adjusted bill to cover the portion of the year in which they were covered for the Eagle equipment. The change in the voting machine took place when the State purchased Diebold Voting Units, requiring the County's use of the same.


CABLE TV


Correspondence was received from and co-signed by Matt Favre, General Manager, Charter Communications and Donna Garofano, Vice-President, Government and Regulatory Affairs, Atlantic Broadband, assuring the County that, given the sale of certain systems by Charter Communications to Atlantic Broadband, the latter is completely qualified to operate the cable system that presently serves this community. Further, Atlantic Broadband is obligated to assume and abide by all the terms of the current License or Franchise Agreement between this community and Charter Communications.

The letter continues by advising that under Federal law, the County may, but is not required, to hold a public hearing on the transfer application in an effort to confirm Atlantic Broadband's legal, technical, and financial obligations. Also, the County was advised that Federal law grants it 120 days from the date it received Form 394 to complete its assessment and to act on the requested transfer consent. If the County does not act by this deadline, the law deems approval granted, and no further action then is required. Mr. Favre and Ms. Garofano respectfully urge the County to take this matter under advisement and begin the approval process as soon as possible. They also offered their assistance at a public hearing, should one be scheduled by the County.

The Commissioners agreed to hold a Public Information Meeting in the near future concerning the sale of cable systems by Charter Communications to Atlantic Broadband which will affect certain municipalities in the County. This meeting will serve as a forum for discussions concerning cable systems in general as well.


CHESAPEAKE FIELDS INSTITUTE (CFI)

John Hall, President of the Chesapeake Fields Institute, appeared along with representatives of the CFI Land Committee, including Mike Waal, member, CFI Board of Directors, S. Lansing Williams, Director of Administration and Accounting, and Dr. Joseph Bauer, Director of Operations, to present their projections concerning a future site for the proposed CFI Business Park and Educational Center, and projections concerning the budget for the Park and Center.

Mr. Hall emphasized that CFI is committed to locating the Business Park and Educational Center in Kent County and requested the Commissioners' assistance with determining the best locale, given the projected needs and desires, such as accessibility off or near a major highway, visibility to the general public traveling past the site, the consideration of sewer lines, accessibility to water lines, and the avoidance of wetlands.

Commissioner Pickrum suggested that a task force be assembled, with members representing the County Planning Board, members of CFI, a commercial realtor acquainted with local farming, Wayne Morris, Director, Department of Water and Wastewater Services, Gail Owings, Director, Planning, etc. The representatives of CFI welcomed the suggestion and expressed their eagerness to work with the County and begin the next phases of their planning as soon as possible.

Commissioner Livie stated that the CFI plans for a Business Park and Educational Center would be advantageous for tourism in the County. Dr. Bauer added that economic development in the County would be enhanced with the spin-off of other industries associated with the CFI plans, such as restaurants.

Mr. Hall advised that CFI's plans are under a time constraint and that determining a site is an urgent matter requiring resolution for their financial planning.

Mr. Waal reported that the Department of Business and Economic Development is very interested in CFI's plans and are ready to cooperate.

It was concurred by all present that a task force would be assembled and scheduled to meet on October 24, 2003 at 9:00 a.m. at the CFI office on Morgnec Road.


COURT HOUSE

Correspondence was received from Joseph L. White, Manager, Technical Support, Maryland Department of General Services, reporting the results of a recent inspection of the District Court Offices in Chestertown and indicating the necessity of the County's immediate attention to various maintenance issues.


DEPARTMENT OF WATER AND WASTEWATER

Wayne Morris, Director of Water and Wastewater Services, appeared and reported on the following:

Tolchester Service Area - Mr. and Mrs. Charles Smith, residents of Tolchester, appeared in order to follow up on their request for a sewer allocation which was tabled at the last meeting of the Commissioners.

A motion was made by Commissioner Crow, seconded by Commissioner Livie and made unanimous by Commissioner Pickrum to approve the sewer allocation as requested by the Smith's.

Commissioner Livie advised that, as a generality, the Commissioners will look at all future requests individually, noting that the area surrounding and including the Smith's property is environmentally-sensitive and, therefore, some lots are suitable for sewer allocations, and some are not suitable. Commissioner Livie emphasized that the Commissioners' approval of the Smith's request should not be understood as a blanket policy governing all future requests. He also encouraged the Smith's to cooperate and partner with all the appropriate agencies regarding any current or future issues related to that environmentally sensitive area. Commissioner Crow reiterated the concern, to which the Smith's expressed their willingness to cooperate.

Sewer Allocation Request - The County received a sewer allocation request for Susie Peters relating to her lot which is located in Tolchester Estates, Tax Map 35B, Parcel 390, Lot 1-1A-3, Block G, PL2 on NE/S Alabama Avenue. Mr. Morris indicated that the lot is on a sewer line and is not a sensitive area. A motion was made by Commissioner Crow, seconded by Commissioner Livie and made unanimous by Commissioner Pickrum to approve the sewer allocation as requested by Ms. Peters.

Commissioner Crow, referring to the Commissioners' Public Information Meeting in Tolchester on October 11, 2003, asked if the request made at that meeting by Ms. Brown for a sewer allocation had been addressed yet, to which Mr. Morris stated that he would follow up on that request.

Wastewater Study for Allens Lane - Barry Ebersole, representing McCrone, Inc., presented its Wastewater Study for Allens Lane. Mr. Morris, Nony Howell, Sanitarian, representing Ed Birkmire, Environmental Health Director (who could not be present due to his attendance at a Federal Emergency Management Agency [FEMA] meeting) and Shirley Ashley, a property owner who lives on Allens Lane, were also present. Mr. Ebersole outlined the history and current issues pertaining to Allens Lane as follows:

- Currently, 32 of the septic systems serving properties along Allens Lane and MD Route 445 (Eastern Neck Road), south of the Town of Rock Hall, are failing. These failing septic systems are creating a public health hazard.

- The County contracted with McCrone, Inc. to evaluate the feasibility of connecting these homes to the existing public sewer serving the Town of Rock Hall.

- The study area is defined to be one parcel beyond any parcel with a failing septic system. This includes a total of 72 parcels along Allens Lane, Easter Neck Island Road, and some private roads connecting to Eastern Neck Island Road.

- McCrone proposes using a low pressure collection system to transport the sewage from individual homes to the existing Rock Hall collection system. A low pressure system consists of a house lateral conveying sewage from a home to an in ground grinder pump station beside the street. The sewage collects until a specified level in the wet well has been reached, then the sewage is pumped into a pipe and then into the Rock Hall collection system.

- The system proposed to serve Allens Lane will connect to an existing low pressure system serving Green Lane, an area north of Allens Lane. The sewage from the existing and proposed systems will be conveyed through an existing low pressure three inch force main to manhole #3-34 of the Rock Hall collection system on Main Street, 450 feet north of the intersection of Main Street and Boundary Avenue.

- There are two alternative collection systems proposed to serve Allens Lane. The cost of the system is broken into two systems, System A and System B. The System A collection system serves only the areas with failing systems and System B serves every parcel in the study area. System B includes all of A and adds some additional properties east of Eastern Neck Island Road.

- The total project cost for System A is $849,749. The estimated user rate to pay for this is $608 per year for each developed property and $237 per year for a vacant lot.

- The total project cost for System B is $968,157. The estimated user rate to pay for this is $615 per year for each developed lot and $244 per year for a vacant lot.

- The Study also includes a description of all the properties to be served, the conceptual design of the proposed collection system, and an analysis of a gravity sewer system for the area.

Nony Howell asked about the possibility of receiving financial assistance from FEMA, given that the area was flooded during the recent hurricane, in order to help defray the costs of installing a low pressure collection system. Mr. Morris responded by saying that unless property was damaged as a direct result of the hurricane, FEMA should not be expected to be a source of assistance.

Ms. Howell inquired whether any of the old septic systems could be repaired, to which Mr. Ebersole replied that there is no guarantee that the old septic system repaired would be leak free. Ms. Howell inquired whether or not the study found ground water infiltration, to which Mr. Morris indicated that there was ground water infiltration, but nothing he considered excessive and that some evidence of it would be expected after a hurricane. Ms. Howell asked if the installation of grinder pumps would work well, to which Mr. Ebersole advised that they are water-tight and if they are damaged, they can be easily and effectively repaired.

Commissioner Crow inquired whether or not all of the existing problems concerning Allens Lane would be resolved given the approval of the McCrone proposal, to which Mr. Ebersole replied that they would be resolved, as well as the problems that exist in the undeveloped lots.

Ms. Howell asked what would be the cost of changing the sewer line size in the undeveloped lots, to which Mr. Ebersole replied that the cost would not be significant, that this would not constitute a major change. He continued by advising that the cost of $849,749 for the installation of collection system in System A would remain the same regardless of what is done or not done to the lots on the undeveloped side.

Mr. Ebersole emphasized that the costs for what McCrone has proposed in the Study are estimates, but advised that he believes the estimates will prove to be very close to actual costs.

Commissioner Pickrum asked about the status of the properties to the North and West of MD Route 445, to which Mr. Ebersole indicated that these parcels are in fact included in the study and are on an existing sewer line.

Commissioner Crow asked if all of the properties on Allens Lane would be required to participate in the installation or just those with failed septic systems. Mr Morris responded that all of the properties would be required to be included in the installation; that if the proposed sewer lines run past an owner's house, that owner would be required to have the property hooked into the system.

Commissioner Livie inquired whether the County can make an exception for home owners who already have invested in a septic system, to which Ms. Howell replied in the affirmative. Commissioner Livie added that he saw the proposed installation as a good investment for new and future home owners on Allens Lane.

Mr. Morris emphasized that the status of the existing septic systems on Allens Lane now constitute a health and safety issue and, given that urgency, will drive the necessary funding for resolution.

Ms. Howell expressed her opinion that most of the property owners will be in favor of the proposed installment of a collection system. Mr. Morris noted that the proposal will serve all the lots and properties that exist on Allens Lane and that, if necessary or desired, limitations on its use could be made at a later time.

Commissioner Livie inquired whether the installation could be done in stages, or must it be accomplished all at once. Mr. Morris responded that it would be most cost-effective to put in all the lines at once.

Mr. Morris indicated that, with the approval of the Commissioners to do so, he would present the proposal to the Maryland Department of the Environment (MDE) and Rural Development, make the presentation to the people who own property on Allens Lane, and begin negotiations with the Town of Rock Hall towards a written contract, the latter having thus far provided only a verbal agreement to the proposal. The Commissioners agreed to schedule a community meeting in the Rock Hall area and for Mr. Morris to submit a proposal to the Rock Hall Mayor and Council as well as to the MDE and Rural Development.

Rock Hall Service Area

Memorandum of Agreement
- Mr. Morris presented a proposed Memorandum of Agreement (MOA) which he and the County Attorney wrote, that would be between the Town of Rock Hall and the County which will revise, update, and consolidate of all the existing waste water treatment agreements, and define and clarify the sharing of costs between the Town and the County for waste water treatment for the County's Piney Neck, Skinners Neck, Wesley Chapel, Spring Cove, Green Lane and Edesville Service Areas.

Mr. Morris reviewed the MOA and reported that payments by the County to the Town of Rock Hall would be based on a cost per "Equivalent Dwelling Units" (EDU's) charging formula, in which the total cost to operate the sewerage treatment plant, including administration costs, would be determined annually based on fiscal year end audit numbers. This formula would address the Edesville and Allens Lane water and waste water concerns as well.

Mr. Morris further advised that he will further discuss this proposal with the Mayor and Town Council of Rock Hall next month.

Proposed New Cost Formula - Mr. Morris presented a proposal for a new formula to determine the County's quarterly payment to the Town of Rock Hall for Wesley Chapel, Piney Creek, Skinners Neck, Edesville, Spring Cove, and Green Lane sewer treatment cost.

Maintenance Agreement for Generators - Mr. Morris reported that the fee for the current maintenance of the County's 19 generators is $365.00 annually, which includes servicing and an inspection. Commissioner Crow suggested that the County look into combining all of the County's generators under one maintenance contract.

Water and Sewer Rates - Public information meetings have been scheduled for purpose of presentation of key findings of the water and sewer utilities rate study conducted by the Municipal and Financial Services Group and to afford the public the opportunity to have input into the decisions to be made by the County Commissioners. The schedule of the meetings are as follows: Monday, November 17, at the Kent County High School, Tuesday, November 18, at Wesley Chapel Church Hall and Thursday, November 20, at the Millington Fire Hall. All three meetings will begin at 6:00 p.m. A formal public hearing is scheduled to be held early in December in the County Commissioners Hearing Room.


ECONOMIC DEVELOPMENT

At 8:50 a.m., a motion was made by Commissioner Crow, seconded by Commissioner Livie and made unanimous by Commissioner Pickrum to go into executive session for a conference call to discuss a proposal for a business to locate to Kent County in accordance with State Government Article, Section 10.508 of the Annotated Code of Maryland.

The executive session adjourned at 9:00 a.m.


EMERGENCY MANAGEMENT

A copy of memorandum was sent to Gary Harrity, Maryland Emergency Management Agency (MEMA), from Bob Rust, Jr., Director, Kent County Emergency Management Agency, regarding Homeland Security equipment eligibility. As per the request of the Commissioners, Mr. Rust inquired whether or not the request for a portable generator for use in the County's Department of Water and Wastewater is eligible under the Fiscal Year 2003 State Homeland Security Grant Program.

Should the request be deemed eligible, the County will ask specifically for a 50 KW diesel powered unit mounted on a trailer for transporting to remote sites at an approximate cost of $35,000.


EMERGENCY MEDICAL SERVICES (EMS)

Correspondence was received from Eric S. Jackson, Chief, Kent-Queen Anne's Rescue Squad, Inc., seeking an explanation as to how their contribution of $25,000 was spent to improve and expand the County-paid Advanced Life Support (ALS) system. He also recommended consideration for the County to provide an ALS unit for service during the daytime only, with the understanding that the program would be expanded in the future.


ETHICS COMMISSION

Ruth Briscoe declined reappointment as a member of this Commission. A letter will go forth thanking her for interest and contribution of time given during the past twenty years to this Commission


GAMING/RAFFLE PERMIT

The Commissioners approved application for a Raffle Permit for a fund-raising affair to be conducted by the Humane Society of Kent County and to take place at The Prince Theater, Chestertown, on October 22, 2003.


GYPSY MOTH PROGRAM

Correspondence was received from Robert H. Tichenor, Jr., Chief, Forest Pest Management, State of Maryland Department of Agriculture, thanking the County for participating in the Maryland Department of Agriculture's Integrated Pest Management Program (IPM) for gypsy moth. The expressed purpose of the letter is to report on the work accomplished in 2002 and to provide a biological and budgetary outlook for the current fiscal year.

The Forest Pest Management Section conducted 194 surveys in the County, the results of which indicated that there were no areas where gypsy moth populations were high and needed to be proposed in the 2003 suppression program. In the Spring 2003, minimal larval activity was observed and defoliation surveys conducted in July 2003 indicated that there was no damage due to gypsy moth in the County.

The letter further explains that due to the relatively cold and wet Spring, the spread of diseases was promoted that killed a large percentage of caterpillars and , therefore, it is believed that the gypsy moth populations are therefore currently in decline in the County. An annual egg mass survey will next be conducted in order to obtain a more detailed picture of gypsy moth populations in the County and in order to determine if any areas of the County will need to be proposed in the 2004 spray program and to identify infestations in residential areas that will need to be watched.

Forest Pest Management estimates that the cost share for Kent County in conducting these surveys on privately owned and County owned forest lands will be up to $2,000.00. The Commissioners gave their approval for the continuation of this program.


HURRICANE ISABEL

Public Landings - Carter Stanton, Director, Public Works, appeared and gave an updated report on the status of piers damaged during the Hurricane. He indicated that the Federal Emergency Management Agency (FEMA) has made its assessments, and has given an estimate for all the damaged piers, inclusive of the pier on Sharp Street which was estimated at $100,000.

Commissioner Livie inquired whether or not the pier could be repaired instead of replaced, to which Mr. Stanton indicated that it is his hope that it can be repaired, reducing the cost substantially. Mr. Stanton continued by reporting that the cost to re-deck the Sharp Street pier will be $50,000. Of the total cost of $150,000, FEMA will pay 75%; the County's share would be 25%.

Commissioner Crow suggested that the County ask the State for financial assistance with its financial responsibility.

Mr. Stanton then reported that the estimated cost to repair the pier in Cliffs City is $18,050 which would cover the replacement of the entire 60'-length of the pier. He suggested that perhaps the County could remove the most damaged part of the pier which is furthest out in the water and repair the balance of the pier. He added that the pilings of the pier are very old.

Mr. Stanton continued by reporting the estimate for repairs of the bulkhead at Bayside Landing to be $9,000, to which Commissioner Crow inquired if the damage is all storm-related. Mr. Stanton replied that he is in the process of completing the required forms for FEMA and, therefore, FEMA's estimates are not as yet based on exact figures.

Mr. Stanton advised that the $150,000 grant from FEMA be matched by the County in its Fiscal Year 2005 budget and that the poor condition of the County's piers be treated as a high priority, given that they now constitute a safety issue that must be resolved. Commissioner Crow concurred, adding that Bayside Landing particularly should be considered a high priority given that it is heavily used for both commercial and recreational purposes. Mr. Stanton added that Bayside Landing is 560 feet on the harbor and the present bulkhead has been there at least since 1968.

County Costs - A copy of Estimated Out of Pocket/Extra Costs for Hurricane Isabel was received in the total amount of $316,160,78; final costs will be obtained in the near future.

Planning and Zoning - Gail Owings, Director of Planning and Zoning Administration, appeared and reported on updates concerning the flood plain activities. She indicated that a large number of structures located in Rock Hall will have to be elevated in accordance with FEMA's requirements for reconstruction.

Ms. Owings also reported that as her office continues its communications with FEMA, she will have a list of possible sources for grant money, hopefully, as early as next week. She further indicated that there may be some possible buy-out's, that there may be grant money for the required elevation of structures, grant money for affected businesses, and grant money for property owners who have suffered significant shoreline erosion.

Commissioner Livie asked how eligibility is determined for property owners who are in need of financial assistance and have no flood insurance. Ms. Owings responded that FEMA will assist home owners if the cost of repairs on their building is more than 50% of the market value of the house. She also stated that FEMA bases its assessments on a contractor's detailed report, not on the report of an insurance company. So far, she added, everyone that has applied for financial assistance has flood insurance.

The Commissioners received correspondence from Donald L. Keldsen, Director, Maryland Emergency Management Agency (MEMA), reporting that the State of Maryland received a Presidential Disaster Declaration on September 19, 2003 as a result of the damage associated with Hurricane Isabel, and that Hazard Mitigation Grant Program (HMGP) funds associated with this event will be awarded to the State.

The letter explains that the HMGP is a post-disaster, all-hazard grant program administered by the MEMA. HMGP funds are intended to support local governments in the implementation of measures that will reduce loss of life and property damage associated with future hazard events, providing up to 75% of eligible mitigation project costs. The following are examples of eligible project activities: voluntary acquisition of structures in hazard-prone areas, elevation of flood-prone residences, and structural hazard control. Examples of successful HMGP projects in Maryland is the acquisition and demolition of structures located within the 100-year floodplain, and conversion of the property to perpetual open-space which, in some instances, has been made available to the public for recreational use.

In order to continue to be eligible for several mitigation grant programs, including HMGP, federal legislation requires local governments have an approved hazard mitigation plan by November 1, 2004. Therefore, the County is advised that a Notice of Interest (NOI) for any mitigation project should be submitted to MEMA by November 30, 2003. The NOI form and additional information about the HMGP are available at www.mema.state.md.us/programs_hazmit.html.

E-mail correspondence was received from Robert A. Ward, Hurricane Planner, Maryland Emergency Management Agency (MEMA), State Emergency Operations Center, advising about a scheduled series of regional meetings being hosted by MEMA, FEMA, and other State and Federal Agencies, to provide information about access to recovery resources and systems, and to give emergency managers and local service providers the opportunity to express issues that involve recovery efforts in their communities. Attendance by local jurisdictions at the meetings will ensure their awareness of and inclusion in the information and referral exchange with State and Federal Agencies involved in recovery activities. The meeting designated for the Upper Eastern Shore was held on October 21, 2003, 10:00 a.m., at the Kent County Emergency Operations Center.


KENT COUNTY BUSINESS CENTER AT WORTON

The Commissioners renames the county owned property located on MD Route 297 as the Kent County Business Center at Worton; the county road was named Commerce Lane.


LEGAL COUNSEL

At 11:05 a.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 litigation.

The executive session adjourned at 11:15 a.m.


LEGISLATION

Cooky McClung, of the Kent County News, questioned, in follow-up to a recent telephone inquiry, if the Commissioners have considered adopting a County program, offering tax relief to the widows and/or surviving children of emergency personnel killed in the line of service. The Commissioners agreed to take the proposal under consideration.


LOCAL MANAGEMENT BOARD

Correspondence was received from Alan C. Woods, III, Director, Governor's Office of Crime Control and Prevention, advising that the grant application entitled "Youth Strategies/Kent County/Disproportionate Minority Representation (DMR) Reduction Strategy/Competitive" submitted by the Local Management Board was approved in the amount of $46,665.00. The purpose of this grant is to support examining Disproportionate Minority Representation (DMR) date and restorative discipline approaches to identify areas of necessary systemic change with the Kent County school system. The Commissioners approved and Commissioner Pickrum signed Grant Award and Acceptance.


MD DEPARTMENT OF TRANSPORTION

Correspondence was received from Marsha J. Kaiser, Director, Office of Planning and Capital Programming, inviting the Commissioners on behalf of the Maryland Department of Transportation (MDOT) to one of four joint Transportation Task Force public hearings/Maryland Transportation Plan open houses.

The meetings will include presentation about the goals and objectives of the MTP and a presentation by the TTF, which will summarize the results of their study and receive testimony. The scheduled date for the Eastern Shore is: October 27 (Denton Area). Jack Canan, Housing and Community Development Coordinator, will be requested to attend on behalf of the Board.


PARKS AND RECREATION

Jeffrey J. Troester, Director, County Parks and Recreation, appeared and reported that, having solicited various schools, including graduates of the County's Leaders Club Program, and the Principal's Student Advisory Council for student representation on the County Parks and Recreation Advisory Board, he received two requests to serve, from Brandon Middleton and Lyle Pinder, both of whom were recommended to the Commissioners by Mr. Troester. He advised that both students have excellent academic and extra-curricular backgrounds and that their requests have been accepted and approved by the Parks and Recreation Advisory Board.

A motion was made by Commissioner Crow, seconded by Commissioner Livie and made unanimous by Commissioner Pickrum to approve the applications from Brandon Middleton and Lyle Pinder to serve on the County Parks and Recreation Advisory Board.

Mr. Troester also reported that Parks and Recreation will be taking leadership in re-instituting the post-prom party (there was none in 2002) and he announced the Second Annual Family Fall Festival, sponsored by Parks and Recreation, to take place in Turner's Creek Park in Kennedyville on October 25, 2003, from 11:00 a.m. to 4:00 p.m.. He reported that there will be many family- oriented recreational activities at the Festival, including hay rides, cider-making, a petting zoo, etc.


PERSONNEL

At 11:15 a.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. The executive session adjourned at 11:50 a.m.

At 3:10 p.m., a motion was made by Commissioner Crow, seconded by Commissioner Livie and made unanimous by Commissioner Pickrum to go into executive session 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 4:40 p.m.


PROCLAMATION

Boy Scouts of America Troop 130 - Rose Wallace, Assistant Scout Master, Art Elliot, Mark Blyman, and Ted Bachelor, all representing Boy Scout Troop # 130, appeared and received a Proclamation, approved and signed by the Commissioners, recognizing, on behalf of the citizens of Kent County, Boy Scouts of America Troop #130 on their 75th Anniversary in Kent County.

It was noted that Troop #130 has a current membership of 51 scouts and 23 adults and praising the Troop's accomplishment of having 57 scouts who achieved the rank of Eagle. This recognition is also inclusive of that fact that Troop # 130 has provided countless hours of community service to the citizens of the County and that its success has been, in part, due to the endless support of Chestertown's businesses and other local organizations. Additionally, the Proclamation recognizes that Troop # 130 has been chartered consecutively for 75 years by the First United Methodist Church in Chestertown.

"Venture Month" - Lulu Hurtt, President, Joyce Brice, Membership Chairperson, Joan Winterborne, Treasurer, and Joy Morris, Vice-President, all representing the Venture Club of Kent County, appeared and received a Proclamation, approved and signed by the Commissioners, declaring the month of October as "Venture Month." Commissioner Crow read the Proclamation which recognizes that the Venture Club of Kent County is in its ninth year and that it has given many hours of service, sponsored countless projects and made numerous contributions to the community, and that it is appropriate that the citizens of the County pause to reflect on the principles and ideals upon which the Venture Club was founded.

October 25, 2003 - Day of Appreciation for Mrs. Alice Stewart and Mr. Thomas Boyer, Sr. - The Commissioners approved and signed a proclamation declaring October 25, 2003 as a Day of Appreciation for Mrs. Alice Stewart and Mr. Thomas Boyer, Sr., commending them for their service and many contributions to the New Christian Chapel of Love Church and to honor and thank them, recognizing the importance of their service which has helped uplift this church family.

The Men of New Christian Chapel of Love - The Commissioners approved and signed a proclamation declaring October 25, 2003 as a Day of Appreciation for the Men of the New Christian Chapel of Love, recognizing them for their commitment to the church through their service and sacrifice, and encouraging all of the County's citizens to express their love, admiration and thanks to them for their contributions to this church family.


REGIONAL CORRECTIONS TASK FORCE

A copy of e-mail was received from Lamonte Cooke, Warden, Queen Anne's County Detention Center, advising that Cecil County has accepted the invitation of the Task Force to become a member.


TRANSPORTATION

The Commissioners approved and signed a Resolution appointing the Mid-Shore Regional Council as the authorizing body to file an application with the Maryland Transit Administration (MTA) of the Maryland Department of Transportation (MDOT) for a Section 5307,5311, and/or 5307 grant under the Federal Transit Act. The grant will constitute financial assistance for the MUST (Maryland Upper Shore Transit) Bus "Pilot" Project. This Resolution replaces the Resolution adopted in May 2003 which authorized Commissioner Crow to "act on behalf of" Kent County in matters dealy with the MUST Bus Demonstration Project.


UPPER SHORE REGIONAL COUNCIL

The County Commissioners and County Administrator will attend the Upper Shore Council Strategic Planning Session on October 22. Commissioner Crow will serve as Chairman of this Council.


There being no further business to claim their attention, the Board adjourned to meet again on Tuesday, October 28, 2003.


THE COUNTY COMMISSIONERS
OF KENT COUNTY, MARYLAND

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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