KENT COUNTY, MARYLAND
COUNTY COMMISSIONER'S

Code Home Rule Bill No. 1-2002

A Public Hearing was held on Tuesday, January 29, 2001, at 10:30 a.m. in the County Commissioners' Hearing Room, County Government Center, Chestertown, Maryland on Code Home Rule Bill No. 1-2002 which is: an Act to authorize and empower the County Commissioners of Kent County to borrow not more than One Million Five Hundred Thousand Dollars ($1,500,000.00) for the public purpose of financing, refinancing or reimbursing all or a portion of the costs of the acquisition, construction, improvement, installation, furnishing and equipping of components of a water system, together with related costs, as more fully described herein, and to evidence such borrowing by the issuance and sale, upon its full faith and credit, of its general obligation bond or bonds in one or more series in aggregate like par amount; empowering and directing the Board of County Commissioners to adopt a resolution or resolutions in accordance with Section 15(4) of Article 25B of the Annotated Code of Maryland (1998 Replacement Volume, as replaced, supplemented or amended) prior to issuing any such bond or bonds; providing that the principal of and interest on the bond or bonds will be payable in the first instance from revenues received in connection with the operation of the water system serving the County; empowering and directing the County to levy ad valorem taxes in rate and amount sufficient to provide funds for the payment of the maturing principal of and interest on the bond or bonds authorized hereby and pledging the County's full faith and credit and unlimited taxing power to the payment thereof; exempting the bond or bonds from the provisions of Sections 9 to 11, inclusive, of Article 31 of the Annotated Code of Maryland (1997 Replacement Volume, as replaced, supplemented or amended); authorizing and empowering County Commissioners of Kent County to borrow not more than One Million Five Hundred Thousand Dollars ($1,500,000.00) in anticipation of the issuance and sale of its bond or bonds, and to evidence such borrowing by the issuance and sale, upon its full faith and credit, of its general obligation bond anticipation note or notes in one or more series in aggregate like par amount; empowering and directing the Board of County Commissioners to adopt a resolution or resolutions in accordance with Section 15(4) of Article 25B of the Annotated Code of Maryland (1998 Replacement Volume, as replaced, supplemented or amended) and Section 12 of Article 31 of the Annotated Code of Maryland (1997 Replacement Volume, as replaced, supplemented or amended) prior to issuing any such bond anticipation note or notes; exempting the bond anticipation note or notes from the provisions of Sections 9 to 11, inclusive, of Article 31 of the Annotated Code of Maryland (1997 Replacement Volume, as replaced, supplemented or amended); providing that this title be deemed a fair summary of this public local law for all purposes; and relating generally to the issuance and sale of such bond or bonds and such bond anticipation note or notes.

County Commissioners Ronald H. Fithian, and W. Michael Newnam were in attendance as well as Wayne Morris, Director, Department of Water and Wastewater Services, four interested persons, and members of the media. Larry B. Beck was not in attendance due to illness.

Notice of the public hearing was read into the record by Commissioner Fithian.

Mr. Morris provided a summary of the project and advised that the total cost of both

water and wastewater project was approximately $8 Million, with the County being responsible for $3 Million in the form of a long term loan, the Town of Millington and grant monies to fund the remainder.

The following citizens offered comments in opposition to the proposed legislation: Rex Kershaw, 21601 Allen's Lane, Rock Hall, David Lane, 126 Millington Road, Millington, Lee Clough, 92 Kent Mill Dr., Millington, and Nevin Steffy, 94 Kent Mill Drive, Millington.

Mr. Kershaw questioned since the former Sanitary District could not operate without debt, how could a major project such as this be solvent. He reminded the Commissioners that the users should bear the cost of the project, not Kent County taxpayers in general.

Mr. Clough presented petition signed by seventeen residents of Kent Mill Subdivision opposing the project and stated their preference not to have public water and wastewater service.

Mr. Lane advised that in his opinion, his septic and quality of well water were good and did not have a need for water and wastewater services. He was not in opposition for the Town of Millington be served, however, the north section of Millington was not included in the survey and feels he should not be forced to use the service when he felt his water and septic were more than adequate. Mr. Lane expressed disappointment in not being notified of the project and it was the presence of surveyors that he became aware that he would be included in the project. It was noted that a public hearing was held in the Town of Millington on August 7 relating to this proposed project. Mr. Lane questioned why his well had to be condemned and replaced with, in his opinion, inferior water.

Mr. Steffy advised that he and his neighbors in Kent Mills were against the project. He cited his community was made up of new homes and young homeowners who may not be able to afford the cost to connect to the system. It was the feeling of the residents that public water and wastewater services were not needed. Mr. Steffy questioned the possibility of limiting the area to which service would be mandated.

Commissioner Fithian advised that the third reading would take place on February 5 and written comments would be received up to and including February 1. Mr. Kershaw inquired as to how to stop the third reading and the progression of the legislation. Commissioner Fithian advised that their comments would be discussed and their opinions taken into consideration.

Mr. Clough requested that all of the comments on the project be included in the record for Code Home Rule 2-2002 public hearing as well. The Commissioners concurred.

This hearing was taped for reference and adjourned at 11:00 a.m.