June 8, 1999

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.

Attending:

John W. Cole, President

Franklin W. Prettyman, Vice President

John S. LeGates, Member

Charles C. Cawley, County Administrator

On motion by Mr. LeGates, the minutes of June 1, 1999 were approved. Vouchers #46647 – #46752 were approved for payment.

Dorsey Wooters, County treasurer, read aloud a letter from the County attorney endorsing the low fixed rate bid submitted by Farmers Bank of Maryland for a fixed rate of interest in the amount of 4.34% for the FY 1999-2000 line of credit. On motion by Mr. LeGates, the Commissioners unanimously confirmed their acceptance of the low fixed rate bidder as previously authorized.

Dorsey Wooters, County treasurer, presented the May 1999 investment report.

Charles Emerson, director of public works, accompanied by Jeff Garrett, weed control coordinator, and Marshall Monteith, special services supervisor, met with the Commissioners regarding the grant agreement between the Maryland Department of Agriculture and Caroline County, which provides funding for the control and eradication of specific noxious weeds such as Johnsongrass, shattercane, thistles, and multiflora rose. Following a brief update by Mr. Garrett, the Commissioners, unanimously approved and President Cole signed the MDA Noxious Weeds Grant Agreement for the period July 1, 1999 through May 31, 2000 in an amount not to exceed $6,000, which is 100% matched by the County.

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

#15710 - $1,458 – Data Networks – two computers for the Department of Emergency Management;

#15711 - $1,268.96 – Insight – laser printer and various other computer items for the Department of Emergency Management in conjunction with the installation of LAN;

#15913 - $2,585 – Pamela P. Gardner, AIA – architectural services rendered, including preparation of construction documents for second floor renovations to the Courthouse;

#15914 - $8,385 – O. E. Breeding & Sons – 2,795 cubic yards of gravel for new construction project on Baker Road;

#15958 - $1,450 – Myrna Sislen Management – performance for 1999 Summerfest;

#15961 - $1,000 – Cindy Evey – petty cash for recreation program trip to Williamsburg (100% reimbursable through grant); and

#15964 - $1,566 – Busch Gardens – 58 tickets for recreation program (reimbursable by participants).

 

 

On motion by Mr. LeGates, the Commissioners unanimously accepted the low proposal of Vulcan Signs, Foley, Alabama, in the amount of $2,911.58 for traffic signs, project #CC-TS-52199, and signed purchase order 15923 in that amount. All other proposals received were rejected.

On motion by Mr. LeGates, the Commissioners unanimously approved and President Cole signed the Certificate of Title for a 1986 International dump truck, serial number 1HTLDUXRXGHA59961, that was traded with the Town of Ridgely for the town’s chipper. The Town of Ridgely agrees to the maintenance responsibility for the section of Central Avenue extended from Route 480 to the town boundary opposite Oakview Subdivision. State Highway Administration will be notified of the change.

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

RESOLUTION #99-015

SECOND AMENDMENT

TO THE RESTATED COUNTY COMMISSIONERS

OF CAROLINE COUNTY DEFINED BENEFIT PENSION PLAN

WHEREAS:

The County Commissioners of Caroline County, hereinafter the "Employer," restated the County Commissioners of Caroline County Defined Benefit Pension Plan, hereinafter the "Plan," effective July 1, 1996;

Section 12.01 of the Plan permits the Employer to amend the Plan; and

The Employer desires to amend the Plan.

NOW, THEREFORE, THE COUNTY COMMISSIONERS OF CAROLINE COUNTY, MARYLAND, EMPLOYER, DO HEREBY ADOPT THE FOLLOWING AMENDMENT TO THE PLAN, RETROACTIVELY EFFECTIVE AS OF JANUARY 1, 1999:

 

1. Section 2.17, Credited Service – ADD as the final paragraph:

"However, if a Participant is employed with the Employer in the position of a sworn

police officer serving the Sheriff’s Department at termination after the effective date,

Credited Service shall mean the sum of the following:

    1. The number of years and months of Continuous Service and Reinstated Service as a sworn police officer of Caroline County.
    2. The number of years and months of service as a corrections officer in Caroline County, provided that the Participant has at least fifteen (15) years of Continuous Service and Reinstated Service as a sworn police officer of Caroline County,
    3. The number of years and months of service as a sworn police officer for a municipality in Caroline County, up to a maximum of five (5) years, provided that the employee has at least fifteen (15) years of Continuous Service and Reinstated Service as a sworn police officer of Caroline County, and
    4. The number of years and months of Continuous Service and Reinstated Service as an employee of Caroline County other than as a sworn police officer of Caroline County."

 

 

 

 

 

 

  1. Section 6.01 - ADD as the final paragraph:
  2. "However, in addition to the preceding, if a Participant is employed with the Employer in the position of a sworn police officer serving in the Sheriff’s Department at termination after the effective date, an Early Retirement Pension may be granted based on the provisions set forth in Section 6.04 and Section 6.05 instead of Section 6.02. "

     

  3. Section 6.04 – ADD as a new section:

"Section 6.04 - Eligibility for Rule of 80, Early Retirement for Sworn Police Officers

Effective January 1, 1999, a Participant who is employed with the Employer in the position of a sworn police officer serving in the Sheriff’s Department at termination after the effective date who both attains age fifty (50) and whose attained age plus years of eligibility service as defined below is equal to or greater than eighty (80) shall be entitled to an Early Retirement Pension as described in Section 6.05.

Eligibility service for purposes of determining Rule of 80 eligibility equals the sum of the following:

    1. The number of years and months of Continuous Service and Reinstated Service as a sworn police officer of Caroline County,
    2. The number of years and months of service as a corrections officer in Caroline County, provided that the Participant has served at least fifteen (15) years of Continuous Service and Reinstated Service as a sworn police officer of Caroline County,
    3. The number of years and months of U.S. military service, up to a maximum of two (2) years,
    4. The number of years and months of service as a sworn police officer in another jurisdiction other than as a state police officer, up to a maximum of five (5) years,
    5. The number of years and months of service as a state police officer assigned to Caroline County, up to a maximum of five (5) years,
    6. The number of years and months of service as a sworn police officer for a municipality in Caroline County, provided that the employee has at least fifteen (15) years of Continuous Service and Reinstated Service as a sworn police officer of Caroline County, and
    7. The number of years and months of Continuous Service and Reinstated Service as an employee of Caroline County covered under the Plan, other than as a sworn police officer of Caroline County, up to a maximum of five (5) years, provided that the employee has served at least fifteen (15) years of Continuous Service and Reinstated Service as a sworn police officer of Caroline County."

 

  1. Section 6.05 - ADD as a new section:

"Section 6.05 - Amount of Benefits Under Rule of 80, Early Retirement for Sworn Police Officers

Unless an optional method of payment is effective, as described in Article IX, the annual Early Retirement Pension shall be the Participant’s Accrued Pension Benefit at the date the Participant terminates employment with the Employer.

A Participant who has met the eligibility requirements set forth in Section 6.04 may elect to have benefit payments commence on the first day of the month coinciding with or next following the Participant’s Normal Retirement Date or on the first of any month coinciding with or following the Participant’s attainment of eligibility for an Early Retirement Pension. A Participant who elects to have benefit payments commence prior to his Normal Retirement Date and whose attained age equals fifty-five (55) or greater shall receive the amount determined above unreduced. A Participant who elects to have benefit payments commence prior to his Normal Retirement Date and whose attained age is at least fifty (50) but is not equal to or greater than fifty-five (55) shall have the amount determined above reduced one-thirtieth (1/30th) for each year the Participant’s Benefit Commencement Date precedes age fifty-five (55). The reduction for partial years shall be a straight line interpolation."

ADOPTED: JUNE 8, 1999 COUNTY COMMISSIONERS OF

CAROLINE COUNTY, MARYLAND

* * * * *

Terri Fearins, Denton Town Manager, accompanied by Jennifer Shull, and Town Commissioner Victoria Goldsborough asked the Commissioners to reconsider Resolution No. 99-007, Endorsement of Zoning of Quinn-Trice Property Proposed for Annexation by the Town of Denton. They requested that the County continue to maintain the part of the road that would not be annexed. Chuck Emerson, director of public works expressed opposition to modification of the resolution stating that it would not make sense for two governments to maintain a short stretch of road that will increasingly be within the Town limits. Betsey Krempasky, County planner, stated that the Planning Commission is in opposition to the modifications requested by the Town of Denton.

Following presentation by Betsey Krempasky, County planner, the Commissioners, on motion by Mr. LeGates, unanimously approved and signed the following resolution. Ms. Fearins stated that the Town has no problem with assumption of maintenance on this road.

RESOLUTION #99-016

ENDORSEMENT OF ZONING OF

ENGERMAN PROPERTY PROPOSED FOR ANNEXATION BY

THE TOWN OF DENTON

WHEREAS:

 

The Town of Denton has proposed Annexation Resolution No. 533, which enlarges the corporate limits of the Town of Denton;

The land owned by William C. Engerman and Virginia L. Engerman to be annexed consists of 29.662 acres on both sides and including Legion Road and is currently zoned by the County as "R," Rural;

The Town of Denton proposes to rezone the lands on both sides of Legion Road as "LI," Light Industrial;

The proposed rezoning is consistent with the Caroline County Comprehensive Plan;

Maryland Code, Article 23A, Section 9 (c) provides that no municipality may, for a period of five years following annexation, place the land to be annexed in a zoning classification which permits a land use substantially different from the use of the land specified in the current and duly adopted County Master Plan without the express approval of the County Commissioners; and

The proposed annexation and rezonings have been reviewed and favorably endorsed by the Caroline County Planning Commission with the condition that all that portion of Legion Road from Foy Road to the southern end of this Engerman property that is currently maintained by the County now be maintained by the Town of Denton;

NOW, THEREFORE, IT IS HEREBY RESOLVED by the County Commissioners of Caroline County, Maryland, that the proposed annexation and rezonings as described in this Resolution are favorably endorsed on condition that all that portion of Legion Road from Foy Road to the southern end of the Engerman property that is currently maintained by the County now be maintained by the Town of Denton.

ADOPTED/ COUNTY COMMISSIONERS OF

EFFECTIVE: JUNE 8, 1999 CAROLINE COUNTY, MARYLAND

* * * * *

On motion by Mr. LeGates, the Commissioners unanimously reappointed the current members of the Upper Shore Private Industry Council as the Local Workforce Investment Board through June 30, 2001, as requested by the Upper Shore Private Industry Council due to renaming of the Council by federal legislation.

On motion by Mr. Prettyman, the Commissioners unanimously authorized President Cole’s signature on a letter to Governor Glendening recommending retired Circuit Court Judge J. Owen Wise for appointment to the Caroline County vacancy on the Chesapeake College Board of Trustees.

Leigh Sands, executive assistant, reported:

    1. Notification has been received from the Governor’s Office regarding reappointment of the current members of the Caroline County Board of Election Supervisors for a term of four years from the first Monday in June 1999.
    2. Individual transcripts, which identify the classes taken for the Academy of Excellence in Local Governance, coordinated by the Institute for Governmental Service, have been received for the participants and will be maintained by the Commissioners office.
    3. Notification has been received from the Governor’s Office regarding appointment of Francis Callahan to serve as alternate on the Caroline County Property Tax Assessment Appeals Board.
    4. The Upper Shore Association of Counties meeting will be Thursday, June 23rd at the Health and Public Services Building, Denton, hosted by Caroline County, however, there will be a prior meeting at 4:30 p.m., to meet with representatives from Talbot and Queen Anne’s County and Motorola regarding the 800 MHz radio system.
    5. Ms. Sands will begin working on the update of the Code of Public Local Laws for Caroline County.

At 11 a.m., the Commissioners undertook adoption of the FY 1999-2000 Caroline County Government Budget. Leigh Sands, executive assistant, read aloud the budget message outlining the budget highlights set out by the Commissioners, which follows:

COUNTY COMMISSIONERS OF

CAROLINE COUNTY, MARYLAND

FY 2000

BUDGET MESSAGE

 

    1. Local Area Networks completion.
    2. Design and Implement a County Web Page.

* * * * *

Leigh Sands read aloud from each budget resolution and outlined the highlights. Ms. Sands reiterated that on May 25, 1999, the Commissioners adopted Resolution #99-009, Decreasing the Caroline County Income Tax Rate from 60% to the 55% Equivalent Beginning January 1, 2000, which is contained in the FY 1999-2000 Budget document. On motion by Mr. LeGates, the Commissioners unanimously approved the modifications from the proposed budget as previously discussed, including increases for the public library and soil conservation.

On motion by Mr. Prettyman, the Commissioners unanimously adopted and signed the following resolution:

RESOLUTION #99-010

CAROLINE COUNTY

APPROVED ESTIMATE OF REVENUES AND APPROPRIATIONS

FOR FISCAL YEAR 1999 - 2000

 

The approved budget for Caroline County Government for the fiscal year beginning July 1, 1999 and ending June 30, 2000, 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, and 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.

ADOPTED: JUNE 8, 1999 BY ORDER OF THE BOARD OF ESTIMATES OF CAROLINE COUNTY, MARYLAND

* * * * *

On motion by Mr. Prettyman, the Commissioners unanimously adopted and signed the following resolution confirming the levy in the total amount of $27,600,100, and setting the County property tax rates in the unincorporated areas of the county and in the incorporated towns.

 

RESOLUTION #99-011

CONFIRMATION OF LEVY

 

WHEREAS:

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. Three advertised public hearings have been held on the proposed FY 1999 - 2000 Caroline County Government budget.

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 $27,600,100; and we hereby set the Caroline County property tax rates for the 1999 - 2000 fiscal year as follows per $100 of assessed valuation:

1999-2000 1998-99 1997-98 1996-97 1995-96

Unincorporated areas of the county $2.38 $2.38 $2.42 $2.48 $2.48

*Towns without water/sewer $2.28 $2.28 $2.32 $2.38 $2.48

(Henderson, Hillsboro, Goldsboro,

Marydel, Templeville)

*Towns with water/sewer $2.08 $2.08 $2.12 $2.18 $2.48

(Denton, Federalsburg, Greensboro,

Preston, Ridgely)

*Property tax differentials are required by local law.

IT IS FURTHER RESOLVED, That continuation of the 110% Caroline County Homestead Property Tax Credit, in effect since 1992, is hereby verified for FY 1999 - 2000.

ADOPTED: JUNE 8, 1999 COUNTY COMMISSIONERS OF

CAROLINE COUNTY, MARYLAND

* * * * *

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

 

RESOLUTION #99-012

CAROLINE COUNTY, MARYLAND

ANNUAL CERTIFICATION OF TAX LEVY

FY 1999 – 2000

 

THIS IS TO CERTIFY THAT ON THE 8TH DAY OF JUNE 1999, THE COUNTY COMMISSIONERS OF CAROLINE COUNTY, MARYLAND, DID LEVY AGAINST THE REAL AND PERSONAL PROPERTY OF THE TAXPAYERS OF CAROLINE COUNTY, TAXES SUFFICIENT TO COLLECT A MINIMUM OF ONE DOLLAR ($1.00) PER CAPITA OF REVENUE. THIS IS TO FURTHER CERTIFY THAT THE TOTAL LEVY FOR THE FISCAL YEAR JULY 1, 1999 - JUNE 30, 2000 IS:

1) $ 11,764,060 , (NOT INCLUDING INTEREST AND PENALTIES) AND THAT THE POPULATION OF CAROLINE COUNTY IN THE TAXABLE YEAR HEREIN REFERRED TO WAS:

2) 27,035 ACCORDING TO THE 1990 FEDERAL CENSUS.

3) THE ACTUAL AMOUNT OF TAX PER CAPITA IS $ 435.14 .

(1 DIVIDED BY 2)

FY 1998-99 $ 419.84

FY 1997-98 $ 414.84

FY 1996-97 $ 416.31

FY 1995-96 $ 403.18

COUNTY COMMISSIONERS OF

CAROLINE COUNTY, MARYLAND

* * * * *

On motion by Mr. Prettyman, the Commissioners unanimously adopted and signed the following resolution:

RESOLUTION #99-013

ADOPTION OF FY 1999-2000 CAROLINE COUNTY GOVERNMENT CAPITAL BUDGET AND PROGRAM,

INCLUDING CAPITAL RESERVE FUND (FUND 39)

WHEREAS:

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 2000 Capital Budget;

2) FY 2000 Capital Improvement Program;

3) FY 2000 Capital Reserve Fund (Including Reauthorization of

FY 1999 Appropriations);

4) FY 2000 Capital Reserve Appropriations and Operating Transfers In

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 2000 Caroline County Government Budget.

ADOPTED: JUNE 8, 1999 COUNTY COMMISSIONERS OF

CAROLINE COUNTY, MARYLAND

* * * * *

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

RESOLUTION #99-014

ADOPTION OF FY 1999 - 2000

PERSONNEL AND PAYROLL DOCUMENTS

 

IT IS HEREBY RESOLVED That the attached FY 1999 - 2000 Caroline County Government Personnel and Payroll Documents, which are a part of this resolution and of the FY 1999 - 2000 Budget Document, are on this date approved and adopted;

FURTHER RESOLVED, That the two percent cost-of-living increase for all County employees contained in these documents is hereby confirmed ($91,112 approximate cost for fulltime County employees);

FURTHER RESOLVED, That this cost-of-living increase shall take effect as of the July 13, 1999 County pay date;

FURTHER RESOLVED, That salary increments in the approximate total amount of $151,413 shall be awarded to fulltime County employees in FY 1999 - 2000, allocated by departments.

ADOPTED: JUNE 8, 1999 COUNTY COMMISSIONERS OF

CAROLINE COUNTY, MARYLAND

* * * * *

Following a brief explanation by Helen Spinelli, economic development director, the Commissioners, on motion by Mr. LeGates, unanimously approved and signed a letter to U-Star Transportation, Upper Shore Aging, expressing two areas of concern on the draft Scope of Work for the Upper Eastern Shore Regional Transportation Plan that was presented by Carl Burke, executive director, USA, at the Commissioners meeting of May 18th. The overall structure of the study is sound, however the County has two areas of concern, which are excerpted from the letter as follows:

    1. Task-B: Transit/Transportation Service Plan – it notes that "if feasible, the consultant should consider coordinating the needs of the region with the needs of individual counties." The Commissioners feel the needs of the region are reflected by the needs of the counties and that these are paramount to the successful development and implementation of a Regional Transportation Plan.
    2. The Commissioners suggest that the study be presented by the consultant to the region for review and comment at 50% completion and when fully completed. A means for doing this is the Upper Shore Association of Counties which represents all the counties concerned in the study. This would offer an opportunity for the consultant to receive valuable input and guidance from the leaders in the region and would garner a much higher level of understanding and support for the final document which will be important for the implementation of the plan.

Bryan Ebling, director of emergency management, reported to the Commissioners that Caroline County Emergency Management is participating in the Delmarva Response 99 Hurricane Exercise. The table top exercise will take place at the new facility for Delaware Emergency Management. There is a practice exercise on the Delmarva level that provides valuable experience to the department in storm situations. It was advised that there are 14 hurricanes forecast for this season; four being major storms.

The Commissioners presented certificates, read aloud by President Cole, to the following County employees that graduated this semester from Chesapeake College, and commended them on their accomplishment for furthering their education to become a further asset to the County:

    1. Danielle Neary, State’s Attorney’s Office
    2. Kevin Gillespie, Advanced Life Support
    3. Bryan Ebling, Department of Emergency Management
    4. Cindy Towers, Department of Emergency Management
    5. Kelli Gargani, Department of Emergency Management

There being no further business, the meeting of the County Commissioners was adjourned by unanimous consent at noon to attend a luncheon with the graduates.

 

 

Vivian L. Anders

County Commissioner’s Office Coordinator