Denton, Maryland

The regularly scheduled meeting of the County Commissioners of Caroline County, Maryland, convened at 9:30 AM in the 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 October 27, 1998 were approved. Vouchers #43332 – #43438 were approved for payment.

The Commissioners signed State Assessment Change Report #1218.

On motion Mr. LeGates, the Commissioners authorized staff to conduct the bid opening for project #CC-OG-111098, lubricants, in Room #101 and report back.

Following presentation by Dorsey Wooters, County treasurer, accompanied by George Nier, County attorney, the Commissioners, on motion by Mr. Cole, unanimously approved and signed the following documents providing a line of credit for FY 1998:

1. $1,700,000 Tax Anticipation Note, dated November 10, 1998, to Farmers Bank of Maryland, payee;
2. No Arbitrage Certificate and Certificate of County Officers.

The Commissioners met with Parker Williams, State Highway administrator, and Richard Lindsay, district engineer, and staff from Maryland Department of Transportation and State Highway Administration for the annual MDOT tour of local governments. MDOT Secretary David Winstead and deputy secretary John Porcari were unable to attend due to prior commitments. A draft of the 1999 State Report on Transportation for FY 1999-2004 was presented and reviewed. The report presents detailed listings and descriptions of the capital projects that are proposed for construction, or for development and evaluation during the next six-year program period. Following the tour of all 23 counties, the report is prepared in final form for presentation to the General Assembly in January. The FY 1999-2004 CTP totals about $4.9 billion. About 52 percent of the capital program will be supported by federal funds, predominately for highway and transit projects. Mr. Williams said maintenance of roads statewide has been a priority over the last years and continues to be a priority. The resurfacing of roads increases highway capacity. Mr. Lindsay provided an update on the two current projects in Caroline County and a summary of discussion follows:

1. Maryland Route 404 Dualization – Upgrade existing Route 404 to a four-lane divided highway from south of Legion Road to east of Maryland 16 (south). This project will supplement the Denton Bypass to eliminate traffic congestion and improve safety and service to business development. The first phase of the project involves south of Legion Road to Double Hills Road and the second phase involves Double Hills Road to Sennett Road. The State has acquired about ¾ of the right of ways and final engineering is underway for this project. Estimated total project cost - $15-$17 million.

President Myers commented that citizen concerns may be raised regarding dualization of the west end of Route 404 near Hillsboro. This is also a critical issue for Caroline County. Mr. Williams advised that to dualize Route 404 to Route 50 would cost an additional $30 million.

George McManus expressed concern about traffic congestion on Route 50 going west to Route 301, and that if Route 404 is dualized, the problem will be compounded. Mr. Williams explained that both projects were in planning at the same time and that it is a very expensive project because it includes four interchanges and widening of six lanes, with an estimated total project cost of $80-$90 million.

2. Dover Bridge – The bridge was originally built in 1932 and has had a variety of mechanical and maintenance problems. The entire electrical system was replaced last winter. This project is moving ahead and the planning stage has been expedited. A public hearing was held with approximately 150 people in attendance. The project was largely supported at the public hearing. It is proposed to build a new 50-foot high bridge with no draw span south of the existing bridge with two twelve-foot travel lanes and ten-foot shoulders. The design phase of the project should begin in the spring or summer and will take up to 1 ½ years to complete the phase. The existing bridge will remain in place due to its historical significance. Estimated total project cost - $22 million.

1. Resurfacing and rehabilitation of Maryland Route 313 to Maryland Route 404 Business
2. Sidewalks in Ridgely, Goldsboro, Denton and Marydel

1. Resurfacing and rehabilitation of Harmony Road (Preston to Maryland 578)
2. Maryland Alternate 404 to Maryland 404 Business
3. Construction of roundabouts at Williamsburg Road at Maryland 313/Maryland 318 (roundabouts reduce accident rate by 40%)
4. Streetscape at Sunset Avenue in Greensboro
5. Reconstruction of street on Sixth Street; Fifth Street to Camp Road in Denton
6. Sidewalks in Goldsboro and Greensboro

Two projects under the Enhancement Program that will benefit Caroline County:

1. Marshyhope Waterfront – construction of a pedestrian/bicycle path along Marshyhope Creek, including a 175-foot bridge over the creek.
2. Preston Trail – construction of a recreational trail in the James T. Wright Memorial Park.

Glenn Hodges, mayor of Goldsboro, expressed appreciation to MDOT for the sidewalks in Goldsboro, however, current speed limit signs are located in inappropriate places. Due to the increase in traffic, more speed limit signs need to the placed outside town limits.

Dennis Porter, mayor of Denton, thanked MDOT for the removal of the fencing on the Denton Bridge and for the new sidewalks in Denton. The Town of Denton is extremely pleased as the sidewalks provide better access to the parks. He also expressed concern regarding Route 404 Business near the Denton Industrial Park. The industrial park is near capacity causing access problems to Route 404 which create a safety issue.

President Myers commended the Denton Bridge project as well. Mr. Williams ended commenting that small enhancements sometimes receive as much public response as the large projects.

Following a brief break, the Commissioners convened their annual meeting with 36^th and 37B^th district legislators regarding legislative needs for the 1999 session of the Maryland General Assembly. A summary of discussion follows:

1. Reintroduction of H. 839 (defeated) – Elimination of Cap on School Construction and Agricultural Land Excise Taxes – Current legislation contains a $750 per-lot cap, which the Commissioners would like to eliminate. It is recommended that the limits on the amount of excise tax be removed from the State law since the current limits are far less than the similar impact fees charged by other counties. The appropriate excise tax rate should be established by local legislation to accommodate local needs and priorities.
2. Reintroduction of H. 434 (defeated) – Prisoner Training and Rehabilitation Program Regarding Diminution of Sentence and Revocation of Earned Credits – The bill establishes legal basis for diminishing sentence and clarifies the authority of the Superintendent. The bill provides stronger incentive for inmates to participate in and complete self-improvement programs.
3. $215,000 State Capital Bond Bill for Caroline County Humane Society, Inc., to Complete Countywide Facility on Belle Street, Ridgely – Funds are needed to build the new building where the animals will be housed. Two proposals have been received. Approximately $120,000 in funds are remaining from the original $200,000 bond bill. The entire project will cost $315,000 to complete, according to the proposals received.
4. $200,000 State Capital Bond Bill for Denton Development Corporation, Inc.,/Denton Community Partnership for Renovation of State-Owned Denton Armory as a Community Center – Twenty years ago, the Town of Denton had a long-term lease for the Armory. The County took it over to house other County agencies. With the construction of the HAPS Building, those agencies are relocating to the new building. The Armory is used extensively for community projects now and the Town and County would like to see it retained as a community facility.
5. County or Statewide Loophole-Closing Bill Allowing Prosecution of Weekenders or "Live-In/Work-Out Inmates for Escape – This hasn’t been a problem, however Judge Wise would like to see clarification of escape in the law. He feels other counties will be requesting clarification as well.
6. Bill Adding Caroline County to Education Article, Section 5-101(c) Requiring County Board of Education to Provide Program Implications of Cuts or Additions to Budget
7. Elected Board of Education – Mr. Cole requested the General Assembly to place the issue of an elected school board on the 2000 ballot as a "straw poll" advisory question. Somerset County is considering returning to an appointed board. Delegate Schisler and Senator Baker didn’t recommend due to a host of issues that need to be dealt with locally. It was suggested to develop a task force and conduct public discussion to make people fully knowledgeable of such a change.
8. Request for Legislator Scrutiny Regarding Consumer Complaint against HMO Delmarva Health Plan pertaining to Reimbursement Reduction Affecting Delmarva Orthopaedic Clinic, Easton, and Resulting Provider Participation Termination/Consumer Impact – The Delegation felt that this may be an issue at the state or federal level. Delegate Eckardt explained that when the HMO law was written, it was not delineated as to who is ultimately held accountable. She said that the Insurance Commission will be receiving complaints and concerns and will report such to the legislators. It was recommended that any letters of complaint be forwarded to the Insurance Commission.
9. Burdensome MDE Permit Requirements - Chuck Emerson advised that it takes approximately two years to permit replacement of bridges. In the last six months, MDE has changed their regulations regarding small projects, such as replacement of small culverts and pipes, which will now require permits. If requirements continue, it will result in the closing of some roads waiting on the permitting process. It was recommended that the issue be discussed with the MACo representative and to set up a meeting with the appropriate groups as it will eventually become a statewide problem.
10. Constant Yield Law - The current advertising requirements are too severe if a small error such as type size is not adhered to. Senator Baker recommended providing a discretion on the penalties and to change the language in the law to reflect that. This will need to be supported by MACo as well.
11. MPFOA Initiatives Regarding Tax Sales - The current law should be changed to read that the high-bid premium should be set at 20% of the amount by which the highest bid exceeds full cash value as determined by the State Department of Assessments and Taxation instead of at the assessed value. Dorsey Wooters feels this gives the homeowner a fairer price.

On motion by Mr. LeGates, the Commissioners unanimously approved and President Myers signed documents for renewal of the Centrex telephone system, as presented by Bryan Ebling, director of emergency management. Mr. Ebling advised that the County has had this system in place for the past 15+ years and has just recently added the agencies of the Health Department on the system due to the relocation to the new Health and Public Services Building. It is hoped to expand the system further to possibly include the Denton Police Department and Board of Education in the future.

On individual motions indicated, the following purchase orders were approved and unanimously signed:

On motion by Mr. LeGates, the Commissioners unanimously approved and President Myers signed the final change order #13 for the Health and Public Services Building, in the amount of $1,316, to tie conduits together in the mechanical room and to add one circuit in the kitchen for a steam table.

Chuck Emerson, director of public works, updated the Commissioners regarding the newly-occupied Health and Public Services (HAPS) Building. The completed occupancy permit has been obtained and the Department of Planning and Codes Administration moved in about one week ago; Adult Day Care moved in over the weekend; the Health Department Administration moved in yesterday; and the Health Department Clinic is scheduled to move tomorrow. The last occupant will be the Department of Recreation and Parks, which is scheduled to move in November 25^th. An opening ceremony/flag raising will be held in early December. Mr. Emerson advised that the project was successful and was pleased that it was on time and under budget.

On individual motions by Mr. LeGates, the following contingency fund expenditures were unanimously approved:

Leigh Sands, executive assistant, reported to the Commissioners the bid results for project #CC-OG-111098, lubricants. The following bids were opened, read aloud and recorded in Room #101, as previously authorized:

BIDDER BID

Tri Gas & Oil Company $ 8,526.16

Wharton & Barnard $ 8,864.14

Bids were referred to staff for evaluation.

On motion by Mr. Cole, the Commissioners unanimously authorized solicitation of bids for project #CC-CR-122998, one new 1998 one-ton chassis truck and body remount for Caroline County Advanced Life Support.

Dorsey Wooters, County treasurer, presented the October 1998 investment report.

Ellis Davison, deputy County attorney, updated the Commissioners on the FSLA/ALS Volunteer Policy. A written policy will be drafted and presented to the Commissioners.

Mr. Cawley reported that he and several other county agencies attended a Transportation Forum at Chesapeake College recently to discuss transportation issues of the counties of the Upper Shore. The Commissioners discussed a letter from Karen Finn, administrator for Caroline County Human Services Council, expressing an interest in helping facilitate a local meeting regarding transportation needs as requested at the Forum. The Council is interested in making sure that Caroline County citizens can access the services they need and transportation is often a barrier. The Commissioners unanimously agreed to proceed with the local meeting and participation regionally in the Forum.

On motion by Mr. LeGates, the Commissioners unanimously approved and signed documents for revised Subcontract for SLP (Special Loan Programs) and HOME Funds Administration which will allow funds to be dispersed directly to Interfaith Housing Development Corporation, eliminating paperwork in the County’s accounting department.

On motion by Mr. LeGates, the Commissioners unanimously authorized President Myers’ signature on a letter of recognition to Tfc. Michael J. Lawson, on the occasion of his retirement of 20 years services from the Maryland State Police.

Mr. Cole instructed Leigh Sands, executive assistant to convey his request to the Caroline County Ethics Commission for an opinion on whether or not he violated the Caroline County Ethics Law in participating in a vote by the County Commissioners on June 30, 1997, authorizing the writing-off of certain uncollectible taxes.

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

Vivian L. Anders

Acting Executive Assistant