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

On motion by Mr. Cole, the minutes of August 25th and 18th were approved. Vouchers #42173 - #42217 and #42218 - #42306, and payroll voucher #16412 were approved for payment.

The Commissioners conducted advertised bid openings, with the following bids being publicly opened, read aloud and recorded. The one bid for #CC-OM-81898 was submitted within the bid submittal deadline but inadvertently overlooked on 8/18/98, the bid opening date, and on advice of the deputy County attorney, was publicly opened on today’s date.

Bidder $ Bid (All Locations)

Bates Moving and Storage Co., Inc. 8,071.25 (No bid of CES)

The bids were referred to staff for evaluation.

On individual motions by Mr. LeGates, the Commissioners unanimously approved and President Myers signed the following purchase orders:

On motion by Mr. LeGates, the Commissioners unanimously accepted the low bid of American Combustion Industries, Inc., in the amount of $118,523 for project #CC-TI-52698, replacement of underground fuel tanks at public works and Choptank Marina, signed purchase order #13084; and rejected all other bids received.

On motion by Mr. LeGates, the Commissioners unanimously authorized advertised solicitation of bids on public works employee uniforms.

Following presentation by Tammy Holden, ag planner, the Commissioners unanimously approved and President Myers signed a letter to the Maryland Agricultural Land Preservation Foundation submitting an amended list of FY 1999 agricultural easement sale applications for state consideration due to an error found in the calculation of the easement priority formula.

Following presentation by Betsey Krempasky, County planner, and on motion by Mr. LeGates, the Commissioners unanimously adopted and signed the following resolution:

WHEREAS, the County Commissioners of Caroline County, Maryland, are empowered by the National Flood Insurance Act of 1968 to adopt floodplain management regulations that meet the standards of the National Flood Insurance Program and to adopt effective Flood Insurance Rate Maps (FIRM), a Flood Boundary and Floodway Map (FBFM) and the Flood Insurance Study (FIS); and

WHEREAS, The Flood Insurance Study, Flood Insurance Rate Map and Flood Boundary and Floodway Map for the unincorporated areas of Caroline County have been revised to reflect new hydrologic and hydraulic analyses for Miles Branch near Federalsburg;

WHEREAS, the corporate limits of Caroline County have been redelineated on the Flood Insurance Rate Maps and the Flood Boundary and Floodway Maps to reflect the current boundaries of the Town of Federalsburg and Dorchester County;

WHEREAS, the Flood Insurance Rate Maps and Flood Boundary and Floodway Maps have been updated to current specifications whereby the information formerly shown separately on the Flood Insurance Rate Maps and Flood Boundary and Floodway Maps is combined to be shown on the Flood Insurance Rate Map only;

WHEREAS, information shown previously on the effective Flood Insurance Rate Map and Flood Boundary and Floodway Map panels 0345 and 0365 is now shown on newly created map panels 0342 and 0361. Map panels 0345 and 0365 are now non-printed map panels;

WHEREAS, the 1% (100-year) and 0.2% (500-year) annual chance floodplains, Base (1% annual chance) Flood Elevations (BFEs) and a Federal Emergency Management Agency-designated floodway have been added to Miles Branch from the downstream corporate limits to a point just downstream of Reliance Avenue and from a point approximately 0.8 mile upstream of Reliance Avenue to a point just upstream of Wright Road;

WHEREAS, the Flood Insurance Study report, including Table 4 (Floodway Data), has been revised to reflect the aforementioned hydrologic and hydraulic analyses. Flood Profile number 38P and 39P have been added to reflect the aforementioned analyses. Flood Profile number 31P has been modified to reflect the aforementioned corporate limit changes;

WHEREAS, FEMA published a notice in the Times Record newspaper of proposed Base (1% annual chance) Flood Elevations (BFEs);

WHEREAS, FEMA received no appeals or requests for changes in the proposed Base (1% annual chance) Flood Elevations;

WHEREAS, FEMA has determined that the Base (1% annual chance) Flood Elevations are final;

WHEREAS, Caroline County’s Floodplain Regulations meet the standards of the National Flood Insurance Program;

NOW, THEREFORE, IT IS HEREBY RESOLVED THAT the revised Flood Insurance Rate Maps (FIRM), Flood Boundary and Floodway Maps (FBFM) and the revised Flood Insurance Study (FIS) effective September 7, 1998 are hereby adopted.

ADOPTED this 1st day of September 1998.

EFFECTIVE on the 7^th day of September 1998

COUNTY COMMISSIONERS OF

CAROLINE COUNTY, MARYLAND

Sean Kille, Sheriff Brown, and several deputies presented the Rule of 80 Pension Proposal orally and in writing, whereby sworn Caroline County sheriff’s department officers would be eligible for full pension if they have reached the age of at least 55 and their years of service added to their age equal or exceed 80. There are calculations as well for partial pension eligibility. Sheriff Brown said the primary reasons for approving the proposal are to promote officer and public safety and to make his department’s employment package a more desirable one and not lose officers to other jurisdictions. The cost to train a new deputy is about $30,000, and supervisory time is lost as well in working with new officers. The proposal has been discussed for over 5 years and was supported be the 1993 police study, and the Personnel Review Board. Caroline’s pension plan is not generous, with estimated top retirement for officers at about $13,500, compared to the Maryland State Police at about $35,000. The policy would not apply to the sheriff, clerical staff, or to correctional officers. Mr. Cawley said according to the County’s actuary, the annual cost to the County would be about $8,942. On motion by Mr. Cole, the Commissioners unanimously approved the Rule of 80 pension proposal as discussed, to become effective on July 1, 1999. President Myers said the Commissioners need to have a better understanding when the Personnel Review Board becomes involved in pension issues.

The Commissioners again discussed with Sgt. Bill Davis, sheriff’s department, his request that the Commissioners consider providing health insurance coverage for life as specified by the federal government in order to avoid a 10% penalty deduction ($1,400) on a federal Bureau of Justice grant the department is seeking. The coverage would not apply to persons not already insured by the County, such as volunteers and certain judicial personnel, and Davis said correctional staff are not involved in the circumstances triggering coverage as set forth in the current federal rule. One of the circumstances, "emergency situation," is defined in state law. The responder must also be responding "in the line of duty." Questions remained regarding applicability, permanence of this rule, and County recordkeeping requirements. By unanimous consent the Commissioners agreed that the ultimate purpose is good, but that clarifications are needed, and that the County attorney and the Personnel Review Board need to be involved in reviewing the proposal.

Betsey Krempasky, County planner and zoning administrator, responded to the complaint of Al Groniger about a Greensboro Road property. She said the former permit for a new house is now void. All that was constructed was the foundation, and it can remain. Since the property is at least 20 acres, the mobile home on the property is authorized as a farm mobile home and does not have to be removed until there is another habitable structure on the property, although if a farm tenant lived there in addition to the structure habited by the property owners, it could remain. The boarded-up structure is not being used as a dwelling and was there prior to the 1967 County zoning law. The County zoning office never required that the mobile home be removed in one year. The zoning office will send Mr. Groniger a letter with this property information, and if he disagrees with the office’s administrative decisions, he can appeal them to the Board of Zoning Appeals. Mr. Groniger indicated that this would be acceptable.

Ken Gelletly asked to use the Courthouse for Republican Central Committee meetings since the public library meeting room has an electronic entry system that his members find difficult to use. He was informed that the purpose of the Courthouse is becoming more court -oriented and that security measures will necessarily become more restrictive, but that when the health and public services building is completed in the fall, its meeting rooms will be open to the public at night. Mr. Gelletly indicated that this would be acceptable.

Following discussion with Janice Davison, deputy County attorney, on motion by Mr. Cole, the Commissioners unanimously approved and President Myers signed a revised contract with TeleSource, Inc. in an amount not to exceed $5,000 to recommend a telephone system for the health and public services building compatible with the systems in other County buildings.

Following discussion, and on motion by Mr. Cole, seconded by Mr. LeGates, the Commissioners voted to kill Resolution #98-012, Agreement to Vote on Legislative Bill #98-1, Number of Commissioners Designated – Resident Districts Created – Requirements of Office – Increasing Quorum proposed by President Myers, who voted against the motion. Commissioners Cole and LeGates feel that it is pointless to reintroduce the bill before the results of the straw poll, that the decision should be made by the next Commissioners, and indicated their intention, if reelected, to follow the desire of the voters regarding the issue. President Myers said that this board of Commissioners should finish the process that they started, that the public education resulting from reintroducing the bill would be valuable, and that the Commissioners should preserve the option of voting for five Commissioners if they feel that is in the best interests of the county. Mr. Cole moved for a resolution stating the Commissioners’ willingness to act on what the people say in the straw poll, but withdrew it since the election is only a month away.

On motion by Mr. LeGates, the Commissioners authorized use of the Courthouse Green for the 1998 Toss Your Boss fundraising event sponsored by recreation and parks.

Mr. Cawley reported that he successfully negotiated obtaining a five-year lease for Cooperative Extension in its same location at a favorable rate. He announced that Brett Wilson would begin as the fulltime assistant state’s attorney to fill a vacant position. September 16^th is the annual employee picnic.

JOK Walsh, EDC consultant, gave an economic development and employment update. Caroline currently has the seventh lowest unemployment rate in the state, and is tied for second with Talbot County for the highest wage rates on the Eastern Shore. "Back office operations" that provide the technical sytems for banks, etc. are a desirable industry that Walsh is cultivating. About half the space in the Carter building will be available for retail after the department of social services moves in, which represents a model partnership. Too many people are driving outside the county for their employment. Word needs to be spread that Caroline has good wellpaying jobs.

At 11:35 AM, and as authorized by 1995 Md. Code, State Government 10-508(a)(4), the Commissioners, on motion by Mr. Cole and seconded by Mr. LeGates, unanimously convened in closed session to hear three project updates from JOK Walsh, EDC consultant.

At 12:30 PM, the County Commissioners reconvened in open session. President Myers reported that the Commissioners heard project updates from Mr. Walsh and discussed taking the following actions.

On motion by Mr. Cole, the Commissioners committed approximately $5,000 for preparation of a new Overall Economic Development Plan required in order for a Federalsburg project to be considered by the federal Economic Development Administration, with letters signed to EDA to this effect, and to the Town of Federalsburg requesting cost-share of this expense.

On motion by Mr. LeGates, the Commissioners unanimously adopted the following resolution as requested by Mr. Walsh:

The State of Maryland through the Maryland Department of Housing and Community Development (DHCH) has solicited applications from eligible jurisdictions to apply for funding under the Small Cities Community Development Block Grant (CDBG) Program;

Caroline County is eligible to apply for grant funds from the Small Cities CDBG program through DHCD;

Caroline County held the required advertised public hearing on this application on April 1, 1998, providing an opportunity for public comment, and none was received.

NOW, THEREFORE, IT IS HEREBY RESOLVED That the County Commissioners of Caroline County, Maryland, authorize the submittal of an application for Community Development Block Grant funds in the amount of $200,000, with no local match required;

FURTHER RESOLVED, That Margaret R. Myers, President, is hereby authorized and empowered to execute any and all documents required for the submission of this application.

SEPTEMBER 1, 1998 CAROLINE COUNTY, MARYLAND

There being no further business, the meeting was adjourned by unanimous consent.

Leigh Sands

Executive Assistant