Denton, Maryland

The regularly scheduled meeting of the County Commissioners of Caroline County, Maryland, convened at 9:30 AM in the County Commissioners Hearing Room, Courthouse, Denton.

Margaret R. Myers, President

John S. LeGates, Vice President

John W. Cole, Member

Charles C. Cawley, County Administrator

Approval of the minutes was deferred. Vouchers #41962 – 42047 were approved for payment.

The Commissioners held an advertised bid opening for project #CC-OM-81898, professional mover services to relocate the offices of the Caroline County health department to the new health and public services building, Denton. The following bids were publicly opened, read aloud and recorded:

Bidder Bid

Delmarva Warehouses, Inc. $ 15,975.00

Dennis Storage Co., Inc. $ 9,255.00

Berry Van Lines $ 14,970.00

The bids were referred to staff for evaluation.

On motion by Mr. LeGates, and contingent upon verification with the vendor that the County, as specified in the bid documents for this project, is indeed exempt from all federal, state and local excise taxes, and as further specified, that the vendor’s bid price shall include all applicable taxes, including retail sales tax, for Choptank marina fuel, unanimously accepted the low bid of Wise Oil & Fuel, Inc. in the amount of $125,128.80 on project #CC-GD-81198, the County’s annual fuel purchase; and rejected all other bids received.

On the following motions indicated, the Commissioners unanimously approved and President Myers signed the following purchase orders:

#12228 - MRPA - $2,680.80 - July 1998 ticket sales, reimbursed by

participants (Cole);

On motion by Mr. LeGates, the Commissioners unanimously approved and authorized President Myers’ signature on the following Maryland Motor Vehicle Administration documents:

#23074958 - 1994 Ford (wreck) - Certificate of Title and Notice of Security

#22551870 - 1993 Chevrolet truck (old ALS chassis) - Certificate of Title for a

Vehicle.

Deborah Turner, special loans and housing counselor, Interfaith Housing Development Corporation, met with the Commissioners regarding various projects. The state special loan program offers up to $30,000 of low-interest loan or grant money for housing rehabilitation contingent upon income qualification, and providing certain documentation such as a copy of the applicant’s deed and tax bill. In Caroline, almost all the recipients have qualified for grants due to low income. The federal HOME program provides 6% first-time homebuyer loans. She presented a memo from IHDC director Stephanie Lacaze, which states that at Interfaith’s request, the F & S Management Company is phasing in rent increases to offset a negative cash balance with Dayspring Townhomes I and II, Ridgely. Interfaith will request from the Maryland Community Development Association, lender, a reduction in monthly reserve payments as well. At Mr. Cawley’s request, the Commissioners unanimously authorized President Myers’signature on the June 30, 1998 audit for Dayspring Townhomes I and II by Hertzbach & Company, P.A.

On motion by Mr. Cole, the Commissioners unanimously approved and President Myers signed the FY 1998 – 2000 Subcontract for Special Loan Programs and HOME Funds Administration with IHDC as required by the state.

On motion by Mr. LeGates, the Commissioners unanimously approved FY 1998-99 Payments-in Lieu-of-Tax (25%, or about $7,600 total, of real property tax forgiven) for the following affordable housing corporations/projects, which will be processed by the assessments and treasurer’s offices. The required affadavits and requests for continuation have been received.

1. IHDC/Tanyard Branch Limited Partnership, Acct. #05028027;
2. IHDC/Henderson Old School, Acct. #01012185;

On motion by Mr. Cole, the Commissioners unanimously approved and President Myers signed a letter to the Maryland Community Development Administration Homeownership Programs irrevocably transfering to CDA for use in issuing housing bonds on behalf of the County $508,147 in 1998 tax-exempt state housing bond allocation for use in the Maryland Mortgage Program.

At the request of Advanced Life Support program coordinator Bobby Schoonover, the Commissioners, on motion of Mr. LeGates, unanimously approved and President Myers signed a Mutual Aid Agreement with Sussex County, Delaware.

Following review and discussion of a memo from Mr. Cawley dated 8/14/98, the Commissioners, on motion by Mr. LeGates, instructed Mr. Cawley to negotiate, if possible, a 5-year lease with the state for the Cooperative Extension Service to remain in the Hargreaves Multi-Service Building, Denton, at a cost of $12,000 annually (an increase of $4,700 annually), instead of relocating to the health and public services building, which would cost $20,528 annually.

On motion by Mr. LeGates, the Commissioners unanimously approved and President Myers signed a letter to the Maryland Agricultural Land Preservation Foundation requesting to participate in the FY 1999 Matching Funds Program for easement acquisition of agricultural land on applications submitted prior to 7/1/98. The County’s designation of local agricultural land excise taxes and the County one-third share of state transfer tax amounting to about $19,000 leverages almost $29,000 in state funds, in addition to the County’s share of state program funds of $300,000 - $600,000.

Chuck Emerson, director of public works, reported that the requested Maryland Department of General Services report on the heating, ventilation and air conditioning system of the new health and public services building was based on plan review, not a site visit, and that the reviewers did not realize that it was a reconstruction project with inherent limitations, not a brand new building. The project contractor’s engineer, Claggett, has refuted the state’s criticisms, and indicated he is unaware of the International Code referred to in the review. Mr. Emerson feels that the HVAC system will be adequate.

On motion by Mr. Cole, the Commissioners unanimously approved and signed Change Order #9 to Denton Development Venture LLC in the amount of $1,385 for additional cabinetry and countertops in the health and public services building. The project contingency fund is within budget.

The Commissioners discussed with Mr. Emerson the equipment that will be needed by Upper Shore Aging, Inc. and Adult Day Care in the health and public services building in order to provide meals, a list of which Mr. Emerson will provide the Commissioners. The two organizations have raised about $6,000 in donations for their shared kitchen, but have additional needs such as stove, refrigerator, dishwasher, icemaker. Old County equipment was looked into but is not suitable.

On motion by Mr. LeGates, the Commissioners unanimously approved and President Myers signed a purchase order to Lane Engineering not to exceed $4,900 from the project capital fund for review and recommendations on entrances, swales, and 7^th Street in the area of the health and public services building. The road pipes are small and have not been cleaned out in years, creating a drainage problem, which in addition to the topography of that section of town, has created drainage problems which will take a cooperative effort to solve.

Mr. Emerson and Bryan Ebling will submit for the Commissioners’ review a consultant proposal to review and make recommendations on a telephone system for the health and public services building. The Commissioners want the new building to be reviewed within the context of the Countywide telephone system, not in isolation.

The Commissioners authorized a public service opportunity public service notice regarding vacancies on the Caroline County Board of Zoning Appeals.

The Commissioners discussed potential members for the Agricultural Reconciliation Committee. The general public member will be appointed last to ensure broad geographic representation. Three appointments to the Agricultural Advisory Board are also needed.

On motion by Mr. Cole, the Commissioners confirmed a letter signed by President Myers to the Caroline County Board of Election Supervisors confirming the specific language set forth in state law for the 1998 General Election straw poll question on increasing the number of County Commissioners.

The Commissioners authorized staff to prepare a legislative bill increasing the Commissioners’ salary as previously discussed. Progress is being made on the animal control bill, which should be ready for introduction on September 15.

President Myers made the following statement:

• It was this Commission’s decision to make this decision to begin with.
• By taking prompt action after the election we can pursue whether there is a possibility to elect the two additional Commissioners in the off year election (2000). If that is possible and legislative action at the state level is needed, that can be begun for this next legislative session. At the same time it will give us the opportunity to pursue whether the Commissioners’ terms can remain staggered.
• By reintroducing this bill, it will put it out to public hearing and review at a very advantageous time for purposes of education and information before the straw vote on Nov. 3. It is an excellent opportunity for the public to learn enough to make an informed decision.
• It puts the decision back on our shoulders where it belongs.

The Commissioners generally indicated their willingness to adopt such a resolution.

On motion by Mr. LeGates, the Commissioners unanimously approved and President Myers signed the Sixth Amended and Restated Local Government Insurance Trust Agreement, which terminates the Trust’s capitalization program as of June 30, 1998. Members receive a refund of all capital contributed to the Trust since July 1, 1987.

It was noted that the Maryland Department of Housing and Community Development has awarded a Community Development Block Grant in the amount of $217,500 to the Community Civic League of Federalsburg for rehabilitation of its building.

At 11:15 AM, and as authorized by 1995 Md. Code, State Government 10-508(a)(7), the Commissioners, on motion by Mr. LeGates and seconded by Mr. Cole, unanimously adjourned into closed session to meet with George Nier, County attorney, Ellis and Janice Davison, deputy County attorneys, and Chuck Emerson, public works director, regarding potential liability due to road obstruction by certain farm irrigation systems.

The meeting reconvened in open session at 11:55 AM. President Myers reported that the Commissioners discussed with counsel and the public works director potential liability from farm irrigation systems, and that staff and the deputy County attorney were instructed to send cease and desist letters to those whose systems are obstructing County roads.

There being no further business, the meeting was adjourned.

Leigh Sands

Executive Assistant