February 10, 2009

Denton, Maryland

The regularly scheduled meeting of the County Commissioners of Caroline County, Maryland, convened at 9:30 a.m., with prayer and Pledge of Allegiance in the Hearing Room, Courthouse, Denton.

On motion by Mr. Ghrist, and seconded by Mr. Layton, the Commissioners unanimously approved the agenda, with amendment, for February 10, 2009. On motion by Mr. Ghrist and seconded by Mr. Layton, the Commissioners unanimously approved the Open and Closed session minutes of February 3, 2009. Vouchers #10668 - #10789 in the amount of $566,578.66 were approved for payment. The direct payroll, in the amount of $291,703.82 was released.

Commissioners’ comments:

· Mr. Layton stated that he had recent discussions with the State Tributary Team regarding nutrient reduction in County parks and waterways. He stated that the County may want to consider adding an Environmental division to the Department of Public Works, to increase the County’s effectiveness in addressing waterway improvement;

· President Cole stated that he and Mr. Ghrist attended the Greensboro Volunteer Fire Company Annual Banquet and commended the volunteers for their impressive hours of dedication to the safety of the community; and

· President Cole stated that he may not always agree with the State Legislation, but he respects their efforts and applauded them for introducing the Resident Delegate and Elected School Board bills as requested by the County.

At 9:40 a.m., the Commissioners convened the advertised public hearing on Legislative Bill #2009-2, Recreation and Parks – Public Landings. Ms. Visintainer stated that the public hearing had been advertised in the January 28, 2008 editions of the Star Democrat and the Times Record newspapers, and read the following:

FOR THE PURPOSE OF amending Chapter 148 of the Code of Public Local Laws of Caroline County, Maryland (the “Code”) to provide and clarify that certain violations of the permit provisions in Chapter 148 shall constitute vehicle parking violations in accordance with State law and provisions of the Code of Public Local Laws of Caroline County; providing for the level of penalty for certain infractions and violations; providing generally that violations of this Chapter shall be punishable as civil infractions pursuant to Chapter 92 of the Code; providing that the Sheriff of Caroline County and any Deputy Sheriff of Caroline County and any law enforcement officer of any municipality in Caroline County adopting, or consenting to be subject to, the provisions of Chapter 148 shall be authorized to enforce the provisions hereof; providing that revenues from the enforcement of certain of the revenues received from the operation of certain provisions in Chapter 148 may be shared by Caroline County with the Office of the Sheriff and any participating municipality; providing that the County and any participating municipality may report the fact of any unpaid violation citations issued pursuant to certain provisions of Chapter may be reported to the State of Maryland Motor Vehicle Administration for inclusion in registration flagging programs operated by the Motor Vehicle Administration; providing that this title be deemed a fair summary of this public local law for all purposes; and relating generally to recreation and parks in Caroline County, Maryland.

Ms. Visintainer read a written testimony, received from Richard Gorleski, Denton, in favor of the Bill. Mr. Gorleski stated that he recommends Caroline County initiate a $35 boat permit fee, the same cost Delaware charges Maryland residents.

President Cole called for public comment, and Austin Webster, Preston, stated that he believes the population of the County has grown to the point of requiring updated rules and regulations for County Parks and Recreation facilities; however, he feels that the time is inappropriate for the installation of a boat ramp permit program. He expressed concern over the municipalities’ scope of enforcement; the fact that the program will not generate enough revenue to cover itself; needing to redirect staff’s attention to the enforcement of the permits; and the efficacy of the program itself. Particularly he stated that he did not feel that the program will reduce the number of users from out of county and out of state.

Michael Debelius, President, Recreation and Parks Advisory Board, stated that the Board believes the Bill gives more local control to the Department of Recreation and Parks, which it favors. He stated that the consensus of the Board is generally favorable, with some reservations.

Harry Beiderbach, Denton, stated that, as a boat owner, he favors the Bill, and hopes it serves to make more parking available at the County’s boat ramps. He stated that he often cannot park his trailer in the boat ramp parking lots, due to the numerous Delaware trailers occupying the spaces. Mr. Beiderbach stated that he must pay a fee to use a Delaware ramp, and believes it is fair to ask the same for Caroline County ramp users.

Nick Carter, Greensboro, suggested clarifying the definitions of “vehicle” and “boat” in the Bill, citing instances where users may transport more than one kayak or canoe on a single vehicle. Mr. Crofoot stated that he would clarify those definitions.

President Cole and Mr. Layton stated that they believe the Bill would curb out of County users, allowing County residents better access at their own resources. Mr. Ghrist stated that believes Delaware residents will pay for the permits, and continue to occupy the majority of the spaces. He stated that he feels frustrated over asking County taxpayers to abide by the permit process, and still find limited accessibility at the ramps.

Sue Simmons, Director, Department of Recreation and Parks, stated that the amount charged to all Maryland residents must be the same, regardless of county of residence, because Caroline County has made use of State Waterway Improvement Funds, which are collected from all over the state. She stated that Division Heads are, as of yet, unsure whether the Bill will regulate the demand for the facilities, and the Department’s challenge will be in monitoring the process and evaluating data to determine the program’s effectiveness. Ms. Simmons stated that for the current budget year, the County will be able to redirect available unused funds from other projects to cover the cost of the permit program, but the same cannot be said for future budgets. She expects to use the Department’s Enterprise Fund in future fiscal years, to cover the enforcement and operation of the permit program. She stated that staff attention will be redirected when assisting the Sheriff’s Department and municipal Police Departments in monitoring and enforcing the use of the permits, as the Commissioners have directed her not to hire Enforcement Officers. Permits will be available for purchase at several retail establishments around the County.

President Cole called for additional public comment, and there was none. At 10:25 a.m., the public hearing was closed.

The Commissioners welcomed Beth Brewster, Executive Director, Chesapeake Culinary Center, for a discussion on the restaurant operations. Ms. Brewster stated that the Financial Committee has decided not to renew the lease for the Emerson House, and will cease operating the restaurant in spring of this year. She stated that the restaurant’s catering business was more profitable over the past year; therefore, the Chesapeake Culinary Center will scale down its business to focus its efforts on catering. The Shore Gourmet will move to the back room of the Market Street Public House, and will offer take-out soups and salads. Ms. Brewster thanked the public for their support of the restaurant over the past three years.

Ms. Brewster stated that the fire on New Year’s Eve caused minimal exterior damage to the old Caroline High School, the future home for the CCC. She displayed Site Plans for the project, which recently received approval from the Denton Planning Commission. The building will also house a commercial kitchen for a small business incubator and will serve as a Chesapeake College satellite location.

Ms. Brewster presented a Letter of Support and Project Status for Federal Stimulus Funds. On motion by Mr. Ghrist and seconded by Mr. Layton, the Commissioners unanimously authorized signature on the letter, and Mr. Ghrist suggested Ms. Brewster seek similar letters of support from the Talbot and Queen Anne’s County councils.

The Commissioners welcomed Nick Carter, Critical Areas Commission and David Porter, County Engineer, for a discussion on the Mid-Atlantic Power Pathway (MAPP) Project. Mr. Carter stated that he and Mr. Porter attended the February 3, 2009 Dorchester County Council meeting, where representatives of Pepco Holdings, Inc., gave a presentation on the project. Mr. Carter reviewed the background of the project, stating that it is intended to relieve congestion on the electrical transmission grid during peak demand times; provide an additional path to transport power to the Eastern Shore; and will provide access to power plants west of the Chesapeake Bay. The project is proposed by Pepco, but has been approved by PJM Interconnection, the organization that manages the power grid for a 13-state region, including Maryland. PJM has forecast that, without new transmission lines, Maryland could be experiencing rolling blackouts as early as 2011. Mr. Porter stated that the project consists of a 500 kilovolt transmission line running from Dumfries, Virginia to Calvert Cliffs; under the Chesapeake Bay; crossing over Dorchester County; onto Vienna; the India River Power Plant in Millsboro, Delaware; and ultimately, onto Salem, New Jersey. Most (about 75%) of the proposed line will run on, or adjacent to, existing Right of Way, with the remaining 25% of new Right of Way needed coming from under the Bay and across Dorchester County.

Mr. Porter stated that Pepco had proposed a 230kV line from Vienna to the Steele substation, near Denton; however, PJM has not approved this line. Mr. Carter stated that they would continue to confirm that, and in the event that the Denton spur were to be constructed, it would run where there is an existing line, and would not happen before 2013.

Mr. Porter stated that the increased electrical efficiency would benefit Caroline County, but both gentlemen agreed that the increased line would likely open the door to tremendous growth on the shore, and will negatively impact Dorchester County’s landscape. Mr. Carter stated that an independent study has not yet been issued, but is a mandatory part of the process. President Cole thanked both gentlemen, who stated that status updates would be provided for the Commissioners.

The Commissioners welcomed Ernie Crofoot, County Attorney, to present Resolution #2009-005, Process to Establish a Moratorium in the R-1 Zoning District – Target Shooting and Rifle Ranges. Mr. Crofoot stated that the purpose of the moratorium is to immediately table any considerations on Special Use Exemptions being considered by the Board of Zoning Appeals and would be for a period of eight months. He stated that the matter is a health and safety issue and this moratorium would suspend the consideration of permitting or special use exceptions involving target shooting or rifle ranges in the R-1 district until the law can be reviewed and, if necessary, rewritten. On motion by Mr. Ghrist and seconded by Mr. Layton, the Commissioners unanimously authorized signature on the Resolution.

The Commissioners welcomed Captain Sidney Pinder, Caroline County Sheriff’s Department, to present the Police Mutual Aid Agreement between Caroline and Kent Counties. Capt. Pinder stated that the agreement was standard procedure and had been reviewed and it met the approval of the County Attorney. On motion by Mr. Ghrist and seconded by Mr. Layton, the Commissioners unanimously authorized signature on the Agreement.

The Commissioners welcomed Linda Evans, Executive Director, Caroline County Hospice, for a discussion regarding their need for a back-up generator, and a possible contingency resolution for funding a portion of that generator. Ms. Evans stated that the facility discovered the need for the back-up generator during a recent electrical outage. To maintain proper care for the patients at the facility, emergency services personnel would be required, potentially causing a public health and safety issue. Ms. Evans stated that several area business and tradesmen have donated labor and materials for the installation of the generator, and fundraising efforts have collected all but $1,337.32 of the $4,480 costs. On motion by Mr. Ghrist and seconded by Mr. Layton, the Commissioners unanimously authorized a contingency resolution to assist the CCH with those remaining funds.

A brief discussion took place regarding potential assistance for county daycare centers/providers. Staff was directed to contact the Easton office of the Department of Labor, Licensing and Regulations, to begin a dialog regarding ways the County can assist daycare providers in meeting increased educational requirements. Mr. Ghrist stated that, for the record, his wife operates an in-home daycare.

The Commissioners reviewed the Fiscal Year 2010 Budget for the County Commissioners Office, expressing general concurrence.

On motion by Mr. Ghrist and seconded by Mr. Layton, the Commissioners unanimously authorized signature on a letter to State Legislative Delegation, thanking them for the introduction and support of House Bill 455 (Elected School Board.) On motion by Mr. Ghrist and seconded by Mr. Layton, the Commissioners unanimously authorized signature on a letter to Senator E.J. Pipkin and Senator Richard Colburn, requesting their full and active support of the Legislation. President Cole stated that he is pleased that the Legislation was reflective of the County’s requests.

A general discussion took place regarding the Committee Hearing for House Bill 455, and Mr. Ghrist agreed to attend the hearing. Staff was directed to communicate with Tolbert Rowe, President, Caroline County Board of Education, to coordinate attendance at the hearing.

On motion by Mr. Ghrist and seconded by Mr. Layton, the Commissioners unanimously authorized signature on a Letter of Congratulations to Robert Singer for 55 Years of Service to Denton VFC.

On motion by Mr. Ghrist and seconded by Mr. Layton, the Commissioners unanimously authorized signature on a letter of support to the Maryland Heritage Authority for a Tourism, Arts and Downtown Development (TADD) application for grant funds to create a Cultural Trail Guide for the Eastern Shore. Ms. Visintainer stated that this material would be regional in its nature, and was a request by the Tourism Department of the Economic Development Corporation.

On motion by Mr. Ghrist and seconded by Mr. Layton, the Commissioners unanimously authorized signature on the Request for Reappointment of Michael Feldman, Denton, to the Caroline County Electrical Board. Mr. Feldman’s second three–year term is retroactive to October 1, 2008, and expires September 30, 2011.

The Commissioners reviewed the procedure for the public hearing regarding Legislative Bill #2009-1, Expansion, Qualifications, and Election of County Commissioners, scheduled for later that evening.

Mr. Layton gave an update on the recent Maryland Association of Counties (MACo) Legislative Committee meeting, highlighting the several pieces of proposed legislation which would be of significance to Caroline County. He asked Department of Planning, Codes, and Engineering staff to pay particular attention to legislation related to planning and environmental matters and to prepare a briefing memo for the Commissioners.

Mr. Barton stated that actuarial costs in FY 2009 will exceed those budgeted, due to the County’s consideration of pension system options. Ms. Spicher stated that she would continue to bill expenses to the actual line item, but would make a contingency request at the end of the year to cover those expenses.

County Administrator’s Report:

Mr. Barton distributed the following list to the Commissioners, but highlighted the first two items:

· As expected, the State Highway Administration declined our request for a reconsideration of their reduction in the County’s highway user funds. We understand that this figure is formula-driven; however, the mid-year action is irresponsible on their part. Staff cannot rely on the accuracy of their future estimates, and will closely monitor the SHA’s wasteful spending practices;

· Department of Public Works was tasked with calculating actual square footage occupied by tenants in the Health and Public Services building, with the following results:

1. The space rented by each tenant has been miscalculated;
2. Historically, no tenants have been charged for storage space. A meeting is scheduled for later this week to discuss the issue with tenants;
3. Despite the fact that tenants have been significantly undercharged, there is no immediate plan to adjust the rent charges, but contracts will be modified to accurately document actually space usage;
4. With the help of the county attorney, we are examining the HAPS agreement with MEDCO;

• Other important items remain ongoing, including: bond funding status; correctional facility needs; animal shelter operation needs; potential surplus property; options for spending remaining capital funds; pension system options; and the revised purchasing ordinance;

· Staff is following up on infrastructure needs presented by the Sheriff’s office, during the February 3, 2008 Commissioners meeting. Staff from the Department of Public Works will perform repairs to the driveway, once weather conditions are favorable; and

• The County’s revenue figures continue to exceed expenses, due in large part to the tough decisions made when the FY 2009 budget was developed. Staff is preparing a list of those decisions, for Department Heads to use when preparing the FY 2010 budget. Department Heads have been directed to refrain from unbudgeted spending requests, especially those not essential county government functions.

Ms. Visintainer reminded those in attendance that the first public hearing on the expansion of the Board of Commissioners Bill, would take place later that evening at 7:00 p.m., at the Goldsboro Volunteer Fire Company Hall. Public hearings are also scheduled for February 17, 7:00 p.m., Health and Public Services Building, Denton; and March 3, 7:00 p.m., Federalsburg Volunteer Fire Company Hall.

There being no further business, on motion by Mr. Ghrist and seconded by Mr. Layton, the Commissioners unanimously adjourned their regular meeting at 12:45 p.m.

Preparation of Minutes by:

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Amy L. Kreiner