June 22, 2010

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.

Attending: John W. Cole, President

Jefferson L. Ghrist, Member

Richard P. Barton, County Administrator

Absent: Roger L. Layton, Vice President

On motion by Mr. Ghrist, and seconded by President Cole, the Commissioners approved the agenda for June 22, 2010. The Commissioners deferred approval of the minutes of June 8, and June 15, 2010. Vouchers #18766 - #18833 in the amount of $166,844.36 were approved for payment.

There were no Commissioners’ comments.

The Commissioners welcomed Rick Barton, County Administrator and Director of Finance, to present the Certificate of Achievement for Excellence in Financial Reporting award by the Government of Finance Officers Association to Barbara Spicher, Director, Office of Finance; Cathie Moore, Comptroller; and their respective staff members. Mr. Barton stated that this is the sixth consecutive year that the County has been awarded this distinct honor. The Commissioners thanked the ladies for their dedication to maintaining the highest standards in financial reporting on behalf of the County, and offered their congratulations for achieving the award for the sixth time.

The Commissioners began the public hearing on the annexation of approximately 1.1 acre (Tax Map 19, Grid 7, Parcels 77 and 78) and the accompanying Critical Area Allocation request. Ernie Crofoot, County Attorney, read the Notice of Public Hearing, and stated that the Town of Greensboro is requesting to change the Critical Area designation from Limited Development Area to Intensely Developed Area, for the purpose of developing a lot into a Family Dollar store. He stated that the two parcels lie immediately adjacent to the Town’s IDA zone, and the area is a mix of residential and commercial land uses.

President Cole stated that no names were listed in the book to speak, and called for public comment. There were none. Mr. Crofoot stated that the request was reviewed by the Planning Commission, who recommended approval. The Commissioners will vote on the request the following week, and pending their approval, the request will be offered for consideration by the Critical Area Commission.

On motion by Mr. Ghrist and seconded by President Cole, staff was directed to draft a resolution and agreement for the Commissioners to consider the following week. There being no further comment, public hearing was closed.

The Commissioners welcomed Leslie Grunden, Planner II, Department of Planning and Codes, for a review of the proposed amendments to the Comprehensive Water and Sewerage Plan and discussion of the public hearing date. She stated that the first amendment relates to the North County Water and Sewer project and adds four items to the plan:

· Detailed information pertaining to the regional Waste Water Treatment Plant project, including a summary of the findings of the October 2009 Engineering Report;

· A Denied Access Policy regarding access to public utility lines that traverse areas of the County not programmed for public water and sewer service;

· COMAR timing categories; and

· Municipal and County service area maps.

Ms. Grunden stated that the second amendment is to include the Prettyman Manor Mobile Home Park, which was omitted by error from the inventory of existing community sewer systems in the 1992 Comprehensive Plan Update. She stated that the current system is failing, and the property owner is proposing an upgraded system replacement which would reduce the park’s nitrogen load by 50%.

The Commissioners expressed satisfaction with both amendments, and on motion by Mr. Ghrist, seconded by President Cole, authorized staff to schedule the July 20, 2010 public hearing date.

The Commissioners welcomed Barbara Spicher, Director, Office of Finance, to request approval of the following cash transfers:

• Transfer $8,204.23 from the Capital Improvement fund to the General fund for expenses incurred through May 31, 2010 related to the following County Road Bridges: Legion. Mason, and Noble;
• Transfer $91,807.05 from the Capital Improvement fund to the General fund for expenses incurred from January 1, 2010 – June 30, 2010 related to the Office of Technology Voice Over IP Network phone system;
• Transfer $3,404.34 from the Law Library fund to the General fund for expenditures incurred from April 1, 2010 – May 31, 2010;
• Transfer $10,314.30 from the Drug Task Force fund to the General fund for expenditures incurred from April 1, 2010 – May 31, 2010;
• Transfer $1,291,117.00 from the Capital Improvement fund to the Caroline County Board of Education for Renovation and Planning Expenses for the Colonel Richardson High School;
• Transfer $278,000 from the General fund to the M&T Investment Group fund for the FY10 Defined Benefit Pension Plan contribution; and
• Transfer $50,000 from the General fund to the Post Employment Benefit fund for the amount authorized and budgeted in the current fiscal year.

On motion by Mr. Ghrist and seconded by President Cole, the Commissioners authorized the aforementioned cash transfers.

The Commissioners reviewed the Solid Waste Outreach materials, related to the changes to the program scheduled to begin July 1, 2010. Ms. Visintainer stated that the materials were drafted according to the Commissioners’ direction during the FY11 budget process, and they detailed the changes to the program, effective July 1, 2010. Staff was granted approval to release the materials for public distribution, pending phone contact with Mr. Layton.

On motion by Mr. Ghrist and seconded by President Cole, the Commissioners authorized signature on the FY2011 contract with Mid-Shore Mental Health Systems for mental health services for the Department of Corrections.

On motion by Mr. Ghrist and seconded by President Cole, the Commissioners authorized signature on the Letters of Reappointment for Ron Fearins and Al Simpson, to the Length of Service Award Program Board.

On motion by Mr. Ghrist and seconded by President Cole, the Commissioners authorized signature on the following Letters of Reappointment to the 4-H and Youth Park Board: Howard MacDonald, Wendi Potter, Mike Savage, and Joanne Wooters.

On motion by Mr. Ghrist and seconded by President Cole, the Commissioners authorized signature on the following Letters of Appointment to the Burial Sites Preservation Board: Dr. Christian Jensen, Jean Kelly, James McPherson, and Chip Winters.

On motion by Mr. Ghrist and seconded by President Cole, the Commissioners authorized signature on the Letter of Support for the Adkins Arboretum Maryland Heritage Area small grant. Ms. Visintainer stated that the grant would enable Adkins to create an interpretive plan for exploring the role the natural landscape played in the Underground Railroad. The funds would go directly to Adkins, with no additional County involvement required.

On motion by Mr. Ghrist and seconded by President Cole, the Commissioners authorized signature on the employment contract for a grant-funded Circuit Court employee.

On motion by Mr. Ghrist and seconded by President Cole, the Commissioners authorized signature on the Contract of Sale for real property for the Legion Road Bridge project.

Ms. Visintainer distributed the Commissioners’ Invitations list, and asked for their responses.

There were no purchase orders for the Commissioners to consider.

The Commissioners welcomed Bryan Ebling, Director, Department of Emergency Services, to present a request by Verizon for the County to act as a Beta testing site for an upgraded 911 switch. Mr. Ebling stated that Verizon and Plant CML will replace the Business Communications Manager, the “brain” of the 911 communications center, with an IP-based, digitally controlled telephone switch at no cost to the County. He stated that this switch, worth approximately $75,000, will require the 911 center to be shut down for approximately one hour. During this time, calls will be forwarded to the Talbot County 911 system, as is standard back-up procedure. Mr. Ebling stated that staff has been satisfied with Plant CML and Verizon equipment in the past; however, should the system experience a catastrophic failure, the County may elect to discontinue the test. The current BCM was installed in 2005 and is functioning well, but a new BCM will outlive the peripheral computers and related hardware, giving the County additional options when it is time to refresh in 2013/2014. On motion by Mr. Ghrist and seconded by President Cole, the Commissioners authorized Mr. Ebling to proceed with the BCM project.

County Administrator’s Report: Mr. Barton stated that he had distributed his report to the Commissioners electronically, and highlighted the following items:

• The Tri-County rain barrel/compost bin event is set for July 17, 2010 at the Chesapeake College. Attendance is projected at 300-400 based on similar events. This is a partner event, including counties and business sponsors. Discount coupons are available. Interest seems to be high thus far;
• The capping project for Hobbs landfill is still on target to begin in July. Dixie Construction is the contractor and a pre-construction meeting has occurred. Some citizens have called to protest the closing of the collection site because they believe it to be a budget matter. This is actually a construction and safety matter;
• Staff is investigating the sale of some county real property, including the County Farm property. As a financial opportunity, any sales must be offered equally to the public. The Double Hills property purchase was financed, and any funds from its sale would be required to pay off the debt first. That would help reduce County debt service, but given the current real estate market, it is doubtful this sale would offer any real budget relief;
• Department of Public Works has encountered issues with relocating the electric utility for the Mason Branch bridge replacement. Choptank Electric expressed concern about the limited right-of-entry, and wants to be paid to move the lines. Staff will provide an update;
• The Department of Planning and Codes has received notice of a grant award of $20,000 from the Chesapeake Bay Trust. This funding, along with other sources, provides the salary for the staff member who performs watershed planning work;
• EMS staff and Ridgely Volunteer Fire Company responded to a recent fatal vehicle accident on MD 480. The elderly patient ultimately succumbed to her injuries, a reminder that such incidents may be part of the work of EMS, but never easy or routine;
• The County is awaiting the allocation of a parking space by the Town of Denton for the Department of Corrections’ van that transports inmates to the Courthouse. Currently, the van parks very close to the walkway in front of the Courthouse, partially obstructing the walkway and access ramp; and
• Planner Leslie Grunden has passed the American Planning Association exam, and thus became the County’s second American Institute of Certified Planners (AICP) certified planner. The test is rigorous, and the certification provides increased credibility for the department.

Kathy Mackel, Director, Office of Tourism thanked the Commissioners for their kind words of support during her recent illness.

Following a five minutes recess, on motion by Mr. Ghrist and seconded by President Cole, at 11:20 a.m., the Commissioners adjourned Open session and convened in Closed session for the following purposes: discussion of pending litigation and legal advice regarding same; under authority of the 2004 Maryland Code, State Government 10-508(a)(7) and (8), as amended; with the Commissioners; Rick Barton, County Administrator; Patti Eigenbrode, Director, Office of Human Resources; Ruth Colbourne, Superintendent, Department of Corrections; Ernie Crofoot, County Attorney; Sara Visintainer, Executive Assistant; and Amy Kreiner, Minutes Recorder, in attendance; discussion of the performance assessment of at-will employees; under authority of the 2004 Maryland Code, State Government 10-508(a)(1), as amended; with the Commissioners; Barton; Visintainer; and Kreiner, in attendance.

At 11:46 a.m., on motion by Mr. Ghrist and seconded by President Cole, the Commissioners adjourned Closed session and reconvened in Open Session.

President Cole gave the President’s report and stated that during the closed session, the Commissioners received an update from staff and advice from the County Attorney on pending litigation, and directed the County Attorney on how to proceed. Staff was also authorized to brief Mr. Layton on the discussion. The Commissioners also met in closed session with at-will staff to discuss the scheduling and process for conducting annual performance reviews for their direct-report staff.

The Commissioners reviewed the agenda for the joint meeting with the Marydel Volunteer Fire Company, scheduled for 7:00 p.m., later in the day.

A brief discussion took place regarding the transfer of the CDBG grant for the Wharves at Choptank Crossing project to the Town of Denton. Staff will provide additional information at a later date.

There being no further business, the Commissioners adjourned their regular meeting at 11:59 a.m.

Preparation of Minutes by:

________________________

Amy L. Kreiner