County Commissioners Minutes
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September 19, 2006

The Honorable Board of License Commissioners met today with the following present: Roy W. Crow, Alexander P. Rasin, III, and William W. Pickrum, presiding.
Susanne Hayman, County Administrator, was also in attendance.

Minutes of the previous meeting were approved.

W. Roger Williams, Treasurer, reported a balance of $5,995,757.

Commissioner Crow requested a moment of silence to remember the men and women in uniform around the world who have died in defense of the United States’ freedom and America’s way of life.


A Press Release was received from the Aberdeen Proving Grounds advising that work has begun to demolish the plant’s Ton Container Cleanout (TCC) building where agent containers were once cleaned and decontaminated.


At the invitation of the Commissioners, members of the Bay Bridge Monitoring Committee gathered for an organizational meeting. Members who were in attendance were Jim Anderson, Paul Dillingham, Jr., Art S. Hock, Reverend Lawrence Purnell, William S. Sutton, and Sid Watson, Jr. Absent were Bronwyn T. Fry, James P. Harbeson, and Katherine J. Livie. The Commissioners appointed Art Hock to chair the committee. The terms for serving on the committee are one, two, and three year terms and it is incumbent upon the committee to determine amongst themselves which person will serve for what length of time. Seven committee members are at-large, Bill Sutton will represent the Planning Commission and Art Hock will be the representative of an incorporated town. Commissioner Rasin stated that the Board would like the committee to be the eyes and ears for the county to keep current on any and everything having to do with a potential Bay crossing. Commissioner Rasin stated he did not see this committee as an advocacy group. The role of this committee is to monitor any news about a proposed crossing and to maintain records of news and activities. Commissioner Rasin stated that the committee shall meet when and where it pleases and that it is required to submit a report to the Board every six months. Commissioner Pickrum stated that this is all new territory for everybody. Included in the Resolution adopted by the Commissioners, the Committee is designated to keep an historical record of all related proposed Bay Bridge activities. Mr. Hock stated that at its first meeting the committee will choose a liaison to the Commissioners. The group left the Hearing Room and continued its first meeting at another location.


Dave Wilson, RC&D (Resource Conservation and Development) Council Coordinator, appeared and reported that grant applications submitted in 2005 were placed on hold due to lack of funding for the Rigbie Bluff Stabilization Project. Mr. Wilson stated that he plans to resubmit the grant application for financial assistance for the Water Quality Infrastructure Capital Projects, MDE (Maryland Department of the Environment) for a 75/25 grant. He is also seeking the possibility of a Small Creek Estuary Grant.

Later in the morning, Jeff Troester, Director of Parks and Recreation, and Mary Ann Skilling, Maryland Department of Planning/Critical Areas Circuit Rider, appeared to discuss the deteriorating conditions of certain locations in Betterton. The first location discussed was Betterton Park. Mr. Troester suggested that a maintenance plan be developed for the park to combat the recent vandalism of property that has taken place there. Trees in the county-owned area near Rigbie II have been maliciously destroyed with drills and herbicide sprays. Ms. Skilling presented photographs showing drilled holes around the base of the trees as well as markings of a saw. The Commissioners were very angered by this intentional hostile destruction of seasoned trees. Problems still remain with trees that have been topped along the bluff by Rigbie I.

Ms. Skilling noted that there has been an issue with water movement through the wall of Rigbie I due to underground springs and the weight of the building. She feels that the only way to address the problem is to relieve the water pressure caused by the spring. She stated that the erosion is destroying the stairs and walkway that are owned by the Town. According to an engineering report, a retaining wall is not the solution.

Commissioner Rasin stated that the vandalism is a criminal offense and the Commissioners agreed that charges should be filed if the perpetrators are determined. Commissioner Rasin referred to recent correspondence received from Harvey Matlack, Jr. President, Rigbie Bluff Condo Association, seeking the county’s support in moving forward with the bank stabilization project. Commissioner Rasin feels that before any grants are allotted, the issues with the erosion problem at Rigbie I and the tree vandalism issue first need to be resolved. A letter will go forth to Mr. Matlack, with a copy to each condo owner, expressing concern that the underground springs are not being addressed in the engineering plan and requesting that the Condo Association address the underground springs and vandalism issue before the County goes forward with the stabilization project.


The Commissioners appointed Richard Cookerly as a member of the Board of Building Appeals to fill an unexpired term ending July 1, 2008.


Correspondence went forth to the Secretary of Budget and Management from Commissioner Crow seeking status of request for state funding as part of the Governor’s Capital Budget for CFI to purchase 83 acres of land north of US Route 301 and MD Route 291 in Millington, Maryland.


In follow up to meeting hosted by the State Highway Administration (SHA) on December 13, 2005, notice was received that the SHA will host a briefing on transportation needs along the MD Route 213 corridor (from US Route 301 south of Centreville to Galena) on October 3 at 1:00 p.m. and the SHA District 2 Office in Chestertown. The Commissioners will plan to attend.


The County Administrator was directed by the Commissioners to draft local legislation to amend the Animal Control Ordinance to address concerns raised by the Kent County Humane Society and the Really Great Cats Rescue organization.


A copy of June 24 correspondence directed to Julia Custer, Project Manager, Aarcher, Inc., from Paul B. Ruckelshaus was received expressing opposition to the proposed Cingular tower #1848 near Still Pond.


Wayne Morris, DWWS Director, was in attendance and discussed the following:

Edesville Service Area – Correspondence was received from U S Department of Agriculture, Rural Development, advising that the County’s application for the Edesville Water Tank has been approved and financial assistance in the amount of $984,800 has been obligated as of September 6.

Fairlee Service Area – At Mr. Morris’ recommendation, the Commissioners approved five sewer and water allocations for Kay Lochary for a small subdivision at 8833 Georgetown Road, Tax Map 35, Parcel 107.

Correspondence dated September 18 from Sydney Brookes was received expressing dismay with the way water rates are determined. The Commissioners asked Mr. Morris to send a letter of explanation to Ms. Brookes. The Commissioners noted that rates will be reviewed on an annual basis.

Piney Neck/Skinners Neck/Wesley Chapel Service Area – The Commissioners approved and signed a Public Works Agreement with Laurie H. Hogans for two sewer allocations for property located on Map 51, Parcel 29.

Correspondence received on September 15 from Nevitte Ford was received advising of the need to close his business, Ford’s Seafood, and to pay off his electricity bill, and seeking a reduction in quarterly utility charges. Mr. Morris stated that unfortunately at this time there are only two classifications for utilities expense reductions, (1) vacant lot and (2) lot with improvements. These classifications do not address whether or not a building is occupied.

Worton Service Area – In follow up to request received from William M. Crowding, II, the Commissioners will host an informational meeting tonight at 7:00 p.m. and the Kent County High School auditorium to review the proposed upgrades to the Worton/Butlertown water and wastewater services. Susie Hayman, County Administrator, and Wayne Morris, Director, Department of Water and Wastewater Services, will also be in attendance.

Mr. Morris reported that due to this years wet weather the lagoon was close to reaching the berm and he has notified the State requesting an early discharge. The discharge is normally scheduled twice a year and this is the first time it has been necessary to perform an early (forty days earlier) discharge.


Jack Steinmetz, Director of Economic Development, was in attendance and referred to correspondence received on September 15 from Nevitte Ford. Mr. Ford expressed frustration as to the need to close his restaurant (and bar), Ford’s Seafood, because of the enormous increase in electricity rates imposed by Delmarva Power. Mr. Ford will keep his wholesale business. The Commissioners were very concerned with Mr. Ford’s dilemma and the effect that the electricity rate increases will have on other businesses in the county. The Commissioners signed letters to Governor Ehrlich, to the President of Delmarva Power, and to the Chairman of the Maryland Public Service Commission advising how the rate increases are negatively impacting many county businesses. Commissioner Rasin questioned if the county has tried to pool together with the Board of Education, the hospital, and Washington College as to the use of electricity. Commissioner Pickrum advised that this has been considered in the past but the BOE is involved in a consortium. Commissioner Rasin suggested that if these entities are notified now as to the county’s interest in joining efforts in upcoming negotiations with electricity rates, they may be interested. Commissioner Pickrum agreed to have James M. Wright, County Engineer and Purchasing Coordinator, begin this effort since the county’s contract expires in the spring.


Correspondence dated September 13 from Sue Willets, Director, Office of Emergency Services, was received transmitting the Emergency Operations Center Lightning Protection System Evaluation Report on the communications tower and transmitter building. The Emergency Numbers System Board has granted Kent County $8,400 to cover the cost of the study and will consider funding recommendations to be implemented to minimize failures if the recommendations are directly related to the 9-1-1 telephone system. Funding will be dependent upon completing this project within the limited time frame.


In accordance with Code Home Rule Bill No. 2-2006, the Commissioners appointed the following to serve on the Emergency Services Board:

Name Representation Term Expiration

Jesse Downey Kent County Chiefs Assn. 7/1/07
Eric Jackson EMS Council 7/1/07
William Bickley Citizen Representative 7/l/09
Lee Cowperthwait Kent County Bar Association 7/1/09
Sue Willits, Director Office of Emergency Services

An organizational meeting will be scheduled for next week with the Commissioners.


At the recommendation of Gail Owings, Director of Planning, the Commissioners approved to accept an Irrevocable Letter of Credit from the Centreville National Bank for the account of Roger L. Reed in the amount of $5,090 to guarantee compliance to the Kent County Forest Conservation Ordinance as it relates to the Roger L. Reed Minor Subdivision located on 25789 Lambs Meadow Road.


The Commissioners approved and Commissioner Pickrum signed Maryland Community Development Block Grant (CDBG) Agreement with the Maryland Department of Housing and Community Development as it relates to Project No.: MD-07-CD-26 Housing Improvement Program in the amount of $300,000.


Due to resignations of Leinad Duphily and Dr. Tahir Shad, the Commissioners approved appointment of Robert Garson for a three year term ending October 4, 2009 and Dr. Randall Bellows to fill an unexpired term ending October 4, 2008.

In follow up to the Commissioners’ approval for two additional positions for the IS Department on September 5, the Commissioners approved expenditure of the following equipment needed for these positions to be funded out of the Fiscal Year 2007 contingency account: $2,483.80 – Laptop for Engineer, $250.00 – Blackberry for the Engineer and $1,700 – Desk top Personal Computer (PC) for the Office Assistant.


The Commissioners appointed Darlene R. Wilson as the “at large” member of the Loan Advisory Review Committee effective immediately.


Sludge Application Permit - A copy of August 29 correspondence directed to Delegate Michael D. Smigiel, Sr. from Horacio Tablada, Director, Waste Management Administration, MDE, was received, in response to Delegate Smigiel’s letter to Mr. Tablada regarding a permit application made by Edward and Sandra Schafer for application of sewage sludge. Mr. Tablada stated that MDE supports local government’s decisions concerning land use and zoning requirements. MDE permits are always in addition to, and not in place of, any local government requirements.

Mr. Tablada stated, in response to Delegate Smigiel’s query, that sewage sludge is not considered a hazardous material because the Environmental Protection Agency has done extensive studies on the beneficial use of sewage sludge and that more than eighty-percent of sewage sludge is land applied on farmland in Maryland each year without causing any harm to public health or to the environment.

Correspondence dated September 11 from Delegate Richard Sossi was received advising that he had received a letter from Robert & Debra Glebe seeking the Delegate’s support in opposing the sewage sludge application permit by Eric and Sandra Schafer on their property in Fairlee. Delegate Sossi expressed interest for the Commissioners to share their thoughts with him on this matter.


Dennis Hager, Mayor of Millington, Maryland Massey, Council Member, Gail Owings, Director of Planning, and Wayne Morris, Director of Water & Wastewater Services, appeared. Jack Steinmetz, Economic Development Director, was also in attendance. The purpose of this meeting was to obtain information on the future plans for the Town of Millington.

Mayor Hager stated that the biggest concern today with water and sewer is the issue of growth. He stated that residential development rarely pays for itself. Sewer service is a big issue in Millington. The Mayor stated that he and the Millington Council have taken pains to work with the County’s Comprehensive Plan. He stated that the Mayor and Council of Millington adopted a Resolution for establishing a policy for awarding sewer connections in the Town.

The resolution stated that water and sewer connections shall be prioritized as follows:

First Priority shall be given to "infill lots" within the town limits, which are not currently developed or connected to the Water and Sewer system. Sewer system and connections shall be reserved for such priorities at all times.

Second Priority will be for the expansion of existing uses and subdivisions of property that is within the corporate town limits of Millington.

Third Priority will be given to connections outside of the Corporate limits of Millington, which provide for the creation of jobs and which are not in conflict or competition with existing businesses in the town limits.

Fourth Priority will be for properties and uses as the Mayor and Council may elect to annex to the Town of Millington.

Fifth Priority will be for connections under contract with the governmental corporations, counties or municipalities.

Mr. Morris added that a certain amount of allocations will be set aside for each priority. The amount of 12,000 gallons has been reserved for Mill Village. Commissioner Crow asked if a reserve would be set aside for corporate allocations such as CFI. It is CFI’s plans to build an agri-business park, grain processing plant, and tourism-educational center. Mayor Hager stated that a corporate reserve would be possible; however, he noted that he has been unsuccessful in getting capacity needs from John Hall for CFI. Mr. Morris expressed concern as to available capacity for CFI. It may be possible to obtain a revised permit from MDE (Maryland Department of the Environment) to increase its daily capacity. However, another treatment cell may be required. Commissioner Crow recommended that the MMC and CFI work out an agreement for capacity needs.


Detention Center – Warden R. L. Howell stated that at ten percent of this fiscal year, the detention center has already expended twenty percent of the allotted overtime line item because of an increased work load, officer vacancies, and officer illnesses and submitted a proposal to address operational needs. Additional information will be requested from Warden Howell and the Commissioners will schedule a tour of the facility and to discuss Warden Howell’s proposal in detail on October 3.

At 12:45 p.m., a motion was made by Commissioner Crow, seconded by Commissioner Rasin, and made unanimous by Commissioner Pickrum to go into closed session to discuss personnel matters in accordance with State Government Article, Section 10.508 (a) (1) of the Annotated Code of Maryland.

Topics of discussion related to filling vacancies at County Roads Division and OES, filling committee vacancies on the Human Relations Commission, Emergency Services Board, TDML Commission, LMB and Board of Building Appeals, and employee disciplinary matters.

Susanne Hayman, County Administrator, Marty Hale, Human Resources Director, and Pat Merritt, Budget & Accounting Director, were in attendance.

At 1:55 p.m., a motion was made by Commissioner Crow, seconded by Commissioner Rasin, and made unanimous by Commissioner Pickrum to adjourn the closed session.


Annual Report – A copy of the 2005 Annual Report was received from the Kent County Planning Commission. As in the past several years, growth in Kent County has continued within designated growth areas.

Historic Preservation Commission – At the request of the Commissioners, Director of Planning Gail Owings, Community Planner Carla Martin, Eric Sennstrom from Cecil County Planning and Zoning, and Martin Sokolich, a planner from Talbot County Planning and Zoning, appeared to discuss Cecil and Talbot Counties Historic Preservation Commissions. Others in attendance were Elizabeth Morris, Chairman of the Planning Commission, and Planning Commission members Marcie Brown, Rev. Ruben Freeman, Pat Langenfelder, and Joe Hickman.

Mr. Sennstrom stated that about ten years ago some Cecil County citizens, who were concerned about the number of old houses that were being razed, thus changing the historic nature of the county, approached the Board of Commissioners and requested an ordinance that would favor historic preservation. There was opposition to such an ordinance from persons who felt their property rights would be infringed upon. When a new Board of Commissioners was elected, it was more in favor of the idea of Historic District Ordinances. Under Article 66 B, Subsection 8, an oversight group was formed and an Ordinance was written in 1998 and passed in the year 2000. Maryland Historic Trust assisted with the effort. In the Spring of 2001, a Historic District Commission was formed.

Under the Ordinance, a property may only become part of the historic district if the property owner himself or herself initiates the process. A property tax credit of ten percent of the restoration fee is awarded on an annual basis. The tax credit cannot exceed the owner’s tax bill. So far, sixteen individuals have approached the Historic District Commission and have received approval.

Mr. Sennstrom stated that the Cecil County procedure is as follows: the Historic District Commission makes recommendations to the Planning Commission; the Planning Commission then takes the recommendation to the Board of County Commissioners. By the time a proposal has reached the Commissioners, it has been thoroughly vetted. If a property changes hands and an ensuing owner does not wish to have historic district status, the owner can have the status changed. Local historic designation protects a structure from demolition. The Cecil County program is not certified by the Maryland Historical Trust.

Mr. Sokolich stated that Talbot County’s program began in 1976. The Commission members meet monthly and make regular site visits to houses in the program. Mr. Sokolich stated that there have always been plenty of volunteers to serve on the commission. Talbot County created historic rehabilitation overlay zones as a floating zone to foster rehabilitation of the surrounding area, and to provide for separate reviews by the Historic Preservation Commission and the Planning Commission. In Talbot County, the property owner applies for special zoning status. Twenty of these districts have been created over the past thirty years. Mr. Sokolich stated that Talbot does not have protection for demolition of historic structures but that the ordinance acts as a kind of incentive for adaptive reuse of a structure when the structure does not fit its original purpose.

Ms. Owings stated that there is another benefit from having an ordinance, namely that the County would apply to be a Certified Local Government . Then the County can tap additional grant sources, such as funds to restore the “Granary” at Turner’s Creek Park. Talbot is a Certified Local Government, but Cecil is not.

Commissioner Rasin stated that he felt that the Cecil County ordinance was clearer than the Talbot ordinance. He also said, however, that he thought there would be value to being a Local Certified Government.

The Planning Commission will be reviewing a proposed historic preservation ordinance for Kent County and will be submitting a recommendation to the Commissioners.


In follow up to recommendation received from Jeffrey Troester, Director of Parks and Recreation, the Commissioners signed a letter to James W. “Chip” Price, Director of Program Open Space (POS) of the Maryland Department of Natural Resources (DNR), expressing support for the potential acquisition of twenty acres of open space located in the northern section of the County using allotted POS funding.


At 1:55 p.m., a motion was made by Commissioner Crow, seconded by Commissioner Rasin and made unanimous by Commissioner Pickrum to go into closed session to discuss a matter relating to public security, in accordance with State Government Article, Section 10.508(a) (10) of the Annotated Code of Maryland.

Susanne Hayman, County Administrator, Sheriff John Price, Lt. Brian Kirby, and Lt. Scott Metzbower were in attendance.

Topics of discussion related to staff resignations in law enforcement.

At 2:10 p.m., a motion was made by Commissioner Crow, seconded by Commissioner Rasin, and made unanimous by Commissioner Pickrum to adjourn the closed session.


Correspondence dated September 15 from Robin Spielman, Administrative Aide, Office of Housing and Planning, was received advising that she attended a workshop on September 7 concerning the RAP, where she was given a chart of proposed allocations for the State. She noted a tremendous decrease in funds for Kent County, along with decreases for Caroline and Worcester Counties; the increases went to Anne Arundel , Howard, Montgomery, and Prince George’s Counties. Ms. Spielman urged the Board to submit written comments about the decrease.

The Commissioners signed a letter to Victor Hoskins, Secretary of Maryland Department of Housing & Community Development, expressing concerns about the proposed reduction to local funds for the Rental Allowance Program (RAP) allocations. The Commissioners emphasized the great need for rental assistance in Kent County. The Commissioners asked that the Secretary reconsider the proposed reduction in RAP Allocations in Region III, specifically in Kent County. A copy of this correspondence was also forwarded to Governor Robert Ehrlich, Jr., Delegates Smigiel, Sossi and Walkup and Senator E.J. Pipkin.


Dave Wilson, RC&D Coordinator, appeared to offer RC&D’s assistance in grant writing and administration. Gail Owings, Director of Planning & Zoning, was also n attendance. This year the RC&D is involved with $2 million in Eastern Shore grant projects and they now have two grant writers on staff. The RC&D have a six-month contract with Dorchester County proving a grant writer at a cost of $5,000. The RC&D have also worked extensively with the DHCD (Department of Housing and Community Development). The Commissioners will take Mr. Wilson’s offer under consideration. Mr. Wilson suggested seeking input from department heads as to grant needs.


Sheriff John Price, Lt. Brian Kirby, and Lt. Scott Metzbower appeared and Sheriff Price reviewed his memorandum dated September 14 as to his understanding that the Sheriff’s Office was approved for one additional deputy position for Fiscal Year 2007, however, was not included in his budget allocation. The Commissioners approved proceeding with advertising three Deputy Sheriff positions to fill the vacancies as a result of two resignations and one upcoming retirement. Due to budget constraints, approval was not granted for an additional deputy position at this time. The Commissioners noted that they will be reviewing budget status with all departments at mid year.


The Commissioners received a petition from John and Patricia Macielag, Richard and Diane Miller, Richmund and Georgina Marshall, James Edwards, and the Rock Hall Yacht Club. The purpose of the petition is to gain Kent County sponsorship to: establish a Special Taxing District in accordance with Article 25, Section 167B of the Annotated Code of Maryland; obtain project funding from the local government or from the Department of Natural Resources (DNR) through the Natural Resources Article Sections 8-1001 through 8-1008; provide direct project management or assist the property owners in performing this function; and establish a shore erosion control project.

Mr. Macielag wishes to build and armor stone sill and vegetative shore erosion control structure on top of the eroded portion of Long Point. This structure would serve several purposes. It would protect all of Lawyers Cove from the wave action of the southern fetch. Shore erosion in Lawyers Cove as well as in Long Point would be greatly alleviated and a tremendous net environmental benefit would be created by the staggered marsh grass plantings between sill sections.

This petition will be forwarded to the State Shore Erosion Control Division of DNR (Department of Natural Resources) for review and input as to the need and feasibility of providing shore erosion protection on these properties. Given a favorable report from the DNR, the Commissioners will proceed in the near future to hold a public hearing and to pass a Resolution to establish a district with the concurrence of the property owners.


Correspondence dated September 15 from Amy G. Moredock, Environmental Planner, was received advising that she feels a TMDL Committee should be formed as soon as possible to assure than the county does not get caught unaware in the event the TMDL strategies become regulated. Ms. Moredock recommended that there should be representation from the following agencies: Department of Water and Wastewater Services; Kent County Department of Environmental Health; the agricultural community; Economic Development; Soil and Water Conservation District; Public Works; local Department of Natural Resources Forester; all municipalities; the Chester River Association; the Sassafras River Association; Planning and Zoning. Ms. Moredock advised that the Upper Eastern Shore Tributary Strategy Team has taken an aggressive stance in moving forward with the implementation of the Tributary Strategies and the TMDL suggestions made by the Bay Cabinet. The team is attempting to organize meetings with local governments to ensure their attention to the TMDL and Tributary Strategies. The Commissioners will seek representation from these agencies to be appointed to the TMDL Committee.


A copy of September 13 correspondence directed to Transportation Secretary Robert L. Flanagan from Hilary B. Spence, President, County Council of Talbot County, Maryland, was received, expressing appreciation to the Secretary for his diligence in working with Talbot, Caroline, and Kent Counties for the continued successful operation of public transit service operated by DCS.


The Purchasing Coordinator held a bid opening on August 31 at the Public Works Complex for a mound septic system at the former Coast Guard Station as follows:

Bidder Price Quote

Green’s Septic Service
Chestertown, Maryland $ 25,650

Lindstrom Excavating Contractors, Inc.
Worton, Maryland $ 43,460*

(*Price does not include new pump, new 1500 gallon septic tank, or new 1000 gallon pump chamber).

Mr. Wright advised that he met with Steve Green, Richard Nicholson, Noni Howell of Environmental Health, and Linda Wilson, Deputy Health officer. As a result of this meeting, Mr. Wright recommended awarding the contract to Green’s Septic Service. The budgeted amount for this mound system was $50,000. The Commissioners accepted Mr. Wright’s recommendation.


A bid opening was held by the Purchasing Coordinator on September 7 at 2:00 p.m. at the Public Works Complex for a Solid Waste/Recycling Flatbed Truck. James M. Wright, Purchasing Coordinator, presented tabulation of the bids received as follows:

Bidder Bid Amount

Willis Chevrolet, Smyrna, DE $ 58,779

Criswell Chevrolet, Inc, Gaithersburg, MD $ 58,566

Erich Fleet Services, Milford, DE No Bid

At the recommendation of Mr. Wright, the Commissioners agreed to award the bid to Criswell Chevrolet, the lower bidder. The budgeted amount for this vehicle was $60,000.


Correspondence dated September 8 from Elizabeth H. Morris, Chairman, Planning Commission, was received advising that at its September 7 meeting, the Planning Commission reviewed the proposed amendment to the 2005 Kent County Water and Sewer Plan to extend the existing force main located at the intersection of MD Route 445 and Green Lane down to Allen’s Lane. The Commission voted unanimously to make a favorable recommendation on this amendment. A public hearing will be held on October 17 at 10:00 a.m.


The Commissioners approved and Commissioner Pickrum signed Agreement of Sale with Mitchell C. Grieb of Grieb Manufacturing Company whereby Mr. Grieb agrees to purchase Lot 1 (2.036 acres), Worton Business Park located on Tax Map 28, Parcel 162 for $173,060.00. The Agreement also includes one additional water/sewer allocation for a cost of $6,120.00.

The Commissioners approved and Commissioner Pickrum signed Community Development Block Grant (CDBG) Jobs Agreement with Mitchell C. Grieb of Grieb Manufacturing Company (Grantee) whereby the Grantee has applied for grant funding from the Department of Housing and Community Development (DHCD) on basis that four permanent, full time jobs will be created or retained by Mr. Grieb and that 51% of the total full time permanent jobs created will be made available to persons whose household income does not exceed the most recent Section 8 Department of Housing and Urban Development (HUD) at the time of hiring and further agreeing that training will be provided for those jobs requiring special skills or education.


Biofuels – Correspondence dated September 8 from Elizabeth H. Morris, Chairman, Planning Commission, was received advising that at its September 7 meeting, the Planning Commission reviewed the application of William David Leager to amend Article V, Section 14.2.1 and Section 15.2.1 of the Kent County Land Use Ordinance to add “grain processing, distilling, and biofuel production” to the list of permitted manufacturing, fabrication, and assembly of products in the Industrial and Employment Center Districts. The Planning Commission voted unanimously to recommend approval of the proposal in the Industrial District but not the Employment Center District contingent upon changes, as follows:

Add to Article V, Section 15.2 (Industrial) -18. “The processing and distilling of grains for the production of biofuels but not the refining of petroleum distillates provided the property is located in the Maryland Route 301 corridor.” Ms. Morris stated that the Planning Commission found that as amended, the proposal is consistent with the Comprehensive Plan and also meets a public need to develop initiatives and programs that maintain the economic vitality of the agriculture in Kent County.

Local legislation will be prepared on the proposal for introduction and public hearing.

Road Capacity – Correspondence dated September 8 from Elizabeth H. Morris, Chairman, Planning Commission, was received advising that at its September 7 meeting, the Planning Commission reviewed the following proposed amendments to the Kent County Land Use Ordinance:

1) Road capacity Amend Article V, Sections 3.8B1e, 5.8B1e, 6.8B1e, 7.8C1l, 8.8C1l, 9.8C1l, 13.7B1i, 14.9B1i, 15.9B1i, 16.8B1i, 17.8B1i – Site Access by replacing the existing language with the following:
“The applicant shall demonstrate that access to the project is adequate and the roads which will be impacted have the capacity to handle the traffic generated by the proposed project and will not endanger the safety of the general public.”

Amend Article V, Sections 10.8B1, 11.8B1, and 12.8B1 by adding the following:
“j. The applicant shall demonstrate that access to the project is adequate and the roads which will be impacted have the capacity to handle the traffic generated by the proposed project and will not endanger the safety of the general public.”

2) Procedure – Amend Article VI, Sections 5.4B and 6.4A by adding “Citizen Participation Plan” as an additional requirement in the narrative. This would be added as Article VI, Section 5.4B 13 and Section 6.4B 12.

Mr. Morris stated that the Planning Commission found that the proposed amendments are consistent with the Comprehensive Plan and the Chesapeake Bay Critical Area Law.

Local legislation will be prepared for introduction and public hearing.

There being no further business to claim their attention, the Board adjourned to meet again on Tuesday, September 26, 2006, at 8:30 a.m.


Janice F. Fletcher
Executive Assistant

William W. Pickrum, President

Please contact the County Commissioner's Office at (410) 778-4600 or by e-mail with any questions or comments.