Denton, Maryland

The County Commissioners of Caroline County, Maryland, convened a special, preannounced meeting at 6:25 PM in the Commissioners Hearing Room, Courthouse. At 6:26 PM, and as authorized by 1995 Md. Code, State Government 10-508 (a)(1), the Commissioners, on motion by Mr. Cole and seconded by Mr. LeGates, unanimously convened in closed session to discuss the board and administrator relationship. The meeting reconvened in open session at 6:55 PM. President Myers reported that the Commissioners in closed session discussed their relationship with the County administrator, and have scheduled Mr. Cawley’s first evaluation for early July.

The Commissioners adjourned, and reconvened as Roads Board.

The regularly scheduled meeting of the County Commissioners convened at 7:30 PM in the Hearing Room.

Margaret R. Myers, President

John S. LeGates, Vice President

John W. Cole, Member

Charles C. Cawley, County Administrator

On motion by Mr. Cole, the Commissioners unanimously approved the following minutes: closed session minutes of June 9th; regular session minutes of June 9^th as revised; regular session minutes of June 16th. Vouchers #41058 - #41168 were approved for payment. State assessment change reports #1193, #1194 and #1196 were signed.

On motion by Mr. Cole, the Commissioners unanimously approved the following payment from the contingency fund: $5,993.27 - Maryland Environmental Service - engineering feasibility study of regional options for water distribution and wastewater treatment systems for north county communities.

The Commissioners conducted the following advertised bid openings, with all bids publicly opened, read aloud and recorded. Bids were then referred to staff for evaluation.

Bidder Bid Alternate Bid

CONMED, Inc. 8 Hours/7 Days 16 Hours/7 Days

Year 1 - $127,573 Year 1 - $169,773

Year 2 - $157,576 Year 2 - $200,761

Total - $285,149 Total - $370,534

M & L Equipment, Inc. $21,395 - Compactor

$16,170 - Containers

Ingold’s Hico, Inc. $22,530 - Compactor (Opt. Hopper)

$12,926 - Containers

Accurate Industries $24,487 - Compactor

$15,402 - Containers

MidAtlantic Waste Systems, Inc. $19,660 - Compactor

$11,740.50 - Containers

American Combustion Industries, Inc. PW - $91,723; CM - $26,800

Total - $118,523

A.P.F.L. PW - $143,850; CM - $75,000

Total - $218,850

Hallaton, Inc. PW - $94,700; CM - $100,000

Total - $194,700

TriCounty Industries PW - $123,631; CM - $67,487

Total - $191,118

Eastern Petroleum Service, Inc. PW - $90,100; CM - $55,025

Total - $145,125

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

On motion by Mr. LeGates, the Commissioners unanimously approved and President Myers signed Acceptance Certificate #3 with First Union Nation Bank/Corporate Trust Department accepting from Preston Ford one used vehicle in the amount of $13,830.

The Commissioners convened an advertised public hearing on the proposed Sensitive Areas Element of the Comprehensive Plan, and on Amendments to the Caroline County Zoning Ordinance and to the Subdivision Regulations pertaining to protection of sensitive areas. Betsey Krempasky, County planner, reviewed the proposed Plan Element and proposed Ordinances #98-006, which amends preliminary and final major subdivision plat requirements to include identification of wetlands, stream buffers and threatened and endangered species; #98-007, which allows the zoning administrator to require identification of threatened and endangered species and other sensitive areas for construction or development projects; and #98-008, which establishes stream buffers for perennial and intermittent streams as identified on the seven and one-half minute United States Geological Survey Topographical Quadrangle Maps. If the County does not amend its regulations by July 1, 1998, state regulations will go into effect, she said. Much of the proposed regulatory content is already in effect in other counties and in state law. President Myers called for public comment. In response to a question from George Jackson, Ms. Krempasky said the proposed enactments would not apply to Dover Bridge since it is state-owned land that is already governed by the state Critical Areas law. Robert Chapel asked where the buffer would be measured from in the case of streams whose widths vary during the course of the year. Ms. Krempasky said that generally the stream bank contour and vegetation will determine this, and that streams do have a normal width. The buffer is not measured from a floodplain that the stream may be temporarily occupying. Assistance will be obtained from the Soil Conservation District if needed, and the measurement decision can be appealed to Circuit Court. There being no further comments, the hearing was adjourned. Ms. Krempasky will prepare final documents for adoption at the next regular meeting. She will re-order some sections in Ordinance #98-008 for improved readability.

Following presentation of the FY 1998-99 Caroline County Program Open Space Plan, the Commissioners, on motion of Mr. Cole, unanimously approved it for submittal to the state. The Plan contains more projects than can be undertaken in one year, and each project must again come before the Commissioners for a vote of approval before it can be initiated. Project nominations were solicited from all Caroline municipalities in February. Not all projects require a County match. Projects undertaken by the County are not limited to those that the Plan contains. The state requires that 50 % of the County’s POS grant funds be used for acquisition.

The Commissioners re-signed the contract with Victor Rieck, Trustee, for purchase of land being used as the Choptank Marina parking lot, due to a signatory error in the first document.

President Myers read aloud a proclamation declaring June 24, 1998 as Dover Bridge Awareness Day, which urges citizens to attend and testify at the MDOT public hearing on the bridge at Colonel Richardson High School to encourage the state to move forward on providing a well-designed, functioning bridge; and which thanks school officials and students, Senator Colburn and George Jackson for their efforts in educating the public about the bridge.

The Commissioners undertook adoption of the FY 1998 – 99 Caroline County Government Budget. Mr. Cawley presented the Budget Document, which includes the general fund budget, the capital budget and capital reserve fund, enterprise funds, special revenue funds, and personnel and payroll documents, and reviewed each section. He noted that the general fund is funding significantly less capital purchase than last year, and the lease purchase program is somewhat smaller. He thanked the Commissioners Office staff for their work in putting the document together. On motion by Mr. Cole, the Commissioners agreed to add $5,000 to the Length of Service Award Program (LOSAP) budget, to be taken from emergency snow removal. This brings the amount back to the original amount requested. President Myers noted that Governor Glendening has added increased state funding for fire companies this year, and that Caroline companies will receive a total of about $45,000. The County and state combined increases for fire companies total $103,999, she said.

On motion by Mr. Cole, the Commissioners adopted the following resolution. President Myers opposed. Her explanatory statement follows the budget adoption resolutions.

The approved budget for Caroline County Government for the fiscal year beginning July 1, 1998 and ending June 30, 1999, as represented by the detailed and fully itemized statement contained herein, is hereby approved by the County Commissioners of Caroline County, Maryland, sitting as the Board of Estimates.

In accordance with the Code of Public Local Laws of Caroline County, we do hereby certify, having reviewed the estimated schedule of revenues contained herein, that this schedule is a correct, thorough, and complete list of all the sources of revenue from which any income to the County will accrue or be derived during the ensuing fiscal year.

We further certify that we have reviewed all requests for appropriations submitted by various departments, agencies and organizations, from these have developed an estimated statement of expenditures, contained herein, which shows for what purposes and in what amount the money so appropriated is to be expended, each and every expenditure, in our opinion, a necessary and proper expenditure.

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On motion by Mr. LeGates, the Commissioners adopted the following resolution confirming the levy in the total amount of $25,692,030, and setting the County property tax rates in the unincorporated area of the county and in the incorporated towns. President Myers opposed.

The Board of Estimates of Caroline County, Maryland, has carefully ascertained all the various estimates of revenues and expenditures and fixed them in such amounts as they consider proper;

NOW, THEREFORE, IT IS RESOLVED BY THE COUNTY COMMISSIONERS OF CAROLINE COUNTY, MARYLAND, To hereby accept the estimates of revenues and expenditures of the Board of Estimates; and to appropriate those revenues available to the County according to the list of estimates.

IT IS FURTHER RESOLVED, That we hereby confirm the levy in the total amount of $25,692,030; and we hereby confirm the setting of the Caroline County property tax rates for the 1998-1999 fiscal year as follows per $100 of assessed valuation:

IT IS FURTHER RESOLVED, That continuation of the 110% Caroline County Homestead Property Tax Credit, in effect since 1992, is hereby verified for FY 1998-1999.

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On motion by Mr. Cole, the Commissioners unanimously approved and signed the following resolution:

Chapter 18 of the Code of Public Local Laws of Caroline County requires that the Budget shall contain separate sections including "proposed capital expenditures during the ensuing fiscal year, detailed for each fund by organization unit when practical, and the proposed method of financing each such capital expenditure . . . ."

NOW, THEREFORE IT IS RESOLVED BY THE COUNTY COMMISSIONERS OF CAROLINE COUNTY, MARYLAND, That the following documents are hereby adopted:

1. FY 1999 Capital Budget (Including Prior Years’ Activities);
2. FY 1999 Capital Budget - New Items and Funding Sources; and
3. FY 1999 Capital Reserve Fund (Including Reauthorization of FY 1998 Appropriations).

FURTHERMORE RESOLVED, That since the capital budget is based on estimates, it is regarded as preliminary, and the final numbers may vary.

FURTHERMORE RESOLVED, That the above attached documents are officially a part of the approved FY 1999 Caroline County Government Budget.

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On motion by Mr. LeGates, the Commissioners unanimously approved and signed the following resolution:

IT IS HEREBY RESOLVED That the attached FY 1998-1999 Caroline County, Maryland, Personnel and Payroll Documents, which are a part of this resolution and of the FY 1998-1999 Budget Document, are on this date approved and adopted.

FURTHER RESOLVED, That the one percent cost-of-living increase for all county employees that these documents reflect is hereby confirmed.

FURTHER RESOLVED, That this cost-of-living increase shall take effect as of the July 28, 1998 county payroll.

FURTHER RESOLVED, That salary increments in the total amount of $95,312 shall be awarded to county employees in FY 1998-1999, allocated by departments.

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On motion by Mr. Cole, President Myers signed the FY 1998-99 Annual Certification of Tax Levy required for submittal to the Comptroller of the Treasury.

I voted against the budget last year. It wasn’t easy then and it’s not easy now. Cutting taxes in an election year is a politically popular thing to do (and it should be easy to do since it appears there is going to be a considerable budget surplus to work with). However, since the surplus could not be used to fund even a minimal increase in the education budget, it should not be used to justify a tax cut. There are some good things in this budget – some very needed increases. Those firemen and women, those County employees, those animal lovers, those who feel some comfort with what they received in this budget, have children and grandchildren and nieces and nephews and school-aged friends, and this budget shortchanges them. To some people it has become trite to say our future lies with our children, but it is true, and their education has become increasingly complex and important. This budget forgets that. That is my message in voting against this budget.

On motion by Mr. LeGates, and as previously agreed upon, the Commissioners approved and President Myers signed a letter to the Town of Federalsburg conveying a check in the amount of $2,500, the County contribution toward the local share of the Community Civic League/Day Care CDGB application for building renovation funds, to be returned to the County if the state grant is not approved.

On motion by Mr. Cole, the Commissioners unanimously approved and signed the Maryland Department of Business and Economic Development, Maryland Tourism Development Board, FY 1998 County Development Grant Agreement in the amount of $20,000. Since notification of the grant award has just been received, and it is for the fiscal year about to end, staff will negotiate as much time as the state is willing to give in spending down the grant, which the Commissioners would like to be at least December 31, 1998.

On motion by Mr. Cole, the Commissioners unanimously reappointed Donna Moore and Peter Smith to the Social Services Board for their first full three-year terms, retroactive to July 1, 1997 to June 30, 2000. A community service opportunity notice will be submitted to news media for two other vacancies.

The Commissioners briefly discussed the legal opinion received from the County attorneys on appointing an Education Study Commission, and generally agreed to hold a work session, open to the public, after their next regular meeting to further pursue this process.

On motion by Mr. Cole, the Commissioners unanimously authorized Janice Davison, deputy County attorney, to notify Greenhorne & O’Mara, Inc., that its request for an additional $6,669.50 has been considered by the Commissioners, and they have agreed that the amount previously remitted to Greenhorne is a fair settlement of the contract issues.

The Commissioners expressed surprise and concern to learn that the state has notified Charles Andrew that it is terminating the alternative sentencing grant program in Caroline and other Eastern Shore counties and is taking back the van and computer. They requested staff to set up a meeting with state officials regarding this decision.

There being no further business, on motion by Mr. LeGates, the meeting was adjourned.

Leigh Sands

Executive Assistant