The Honorable Board of County Commissioners met today with
the following present: Roy W. Crow, Scott D. Livie, and William W. Pickrum,
Susanne Hayman, County Administrator, was also in attendance.
Minutes of the previous meeting were approved.
W. Roger Williams, Treasurer, reported a balance of $1,283,902.00.
Commissioner Pickrum requested a moment of silence to remember those who
have sacrificed in service of our country in "Operation Iraqi Freedom."
Rex Kershaw, of Rock Hall, appeared and praised the recent clean-up of
litter and the grass mowing along Allens Lane accomplished by the employees
of the Public Works Department.
BAY BROADBAND COMMUNICATIONS (BBC)
Correspondence was received from Al Hammond, Founder, President and CEO,
BBC, Inc., directed to IT/Internet Managers, introducing the business
and services of BBC.
Referring to correspondence that was received from Margot Kindig and Frank
Barnes, residents of Bayshore Road in Fairlee, the Commissioners agreed
that the "Slow Down" traffic sign be moved from its current location to
a more effective position (prior to a curve in the road), and that rumble
strips be installed on the road. The Board indicated that these changes
be understood as made on a trial basis.
The correspondence that was received via electronic mail from Mrs. Kindig
was in written in response to the report and discussion as recorded in
the Minutes of the Commissioners' Meetings on May 18 and June 15, 2004
concerning the excessive speeding of traffic and the installation of rumble
strips on Bayshore Road.
For the record, Frank Barnes, a resident of Bayshore Road, appeared at
the Commissioners' meeting on June 15 and expressed his objection to the
proposed installation of rumble strips on the section of Bayshore Road
which is directly in front of his property and the lane that leads to
his home, citing noise pollution primarily as the reason for his objection.
At that time, the Commissioners indicated that a solution to the excessive
speeding of vehicular traffic on Bayshore Road is still in discussion
and, therefore, pending.
Mrs. Kindig expressed her opinion that the so-called noise pollution generated
by vehicles riding over rumble strips would not be any more significant
than the noise already generated now by the noise of speeding trucks,
buses, cares, etc.
Mrs. Kindig maintained her opinion as expressed in her earlier correspondence
(e.g. April 20, 2004) that the excessive speeding on vehicular traffic
on Bayshore Road endangers the lives of the residents and diminishes their
quailty of life. It is her belief that rumble strips would provide a solution
and an compromise.
An addendum to her previous correspondence was received from Mrs. Kindig
in which she conveyed her opinion that rumble strips should not be installed
directly in front of a resident's home, and suggested that the 25 mph
posted speed limit sign and the "Reduce Speed" sign should be moved further
along toward the Georgetown area and that the enforcement of the speed
limit be done utilizing radar more vigorously.
BOARD OF EDUCATION (BOE)
A memorandum was received from Frances Miller, Assistant Superintendent
of Administrative Services, attaching the BOE's request for the bi-monthly
electronic transfer of funding appropriations for Fiscal Year 2005.
Commissioner Pickrum requested that the funding request be based on actual
costs incurred rather than the budgeted amount be paid out in 26 increments.
Commissioner Livie requested that Dr. Ward and Ms. Miller be invited to
meet with the Board in order to present their justification for the payment
schedule they have requested.
Commissioner Pickrum gave his assurance that the County will fulfill its
fiduciary obligation and support of the BOE.
The Commissioners approved and signed the Board of Education Annual Budget
for Fiscal Year 2005 as follows: $13,675,613, current expense and $1,555,000
for school construction.
BUCK NECK ROAD
The Commissioners approved the recommendation of J. Edward Spray, Superintendent
of County Roads, to surface Buck Neck Road with tar and chip in order
to seal it and maintain the existing surface before major repairs are
needed, and for this work to be completed in the Fiscal Year 2005 Budget.
Mr. Spray advised that, due to the freeze and thaw during the winter of
2003, Buck Neck Road is showing signs of distress; its surface currently
is asphalt over tar and chip. This project was not within the Fiscal Year
2005 budget; however, the cost to be incurred will be covered within budget.
The Commissioners discussed a Memorandum that was received from Stuart
Bounds, President of Chesapeake College, directed to the respective Administrators/Managers
of the following counties: Caroline, Dorchester, Kent, Queen Anne's, and
Dr. Bounds reported the decision made by the Board of Trustees of Chesapeake
College, at their June 10 meeting, recommending to the above Counties
their approval of the transfer of $140,000 from the following projects
in order to support additional enhancements to the Performing Arts Center
in conjunction with the Mezzanine Project, which is being funded by the
Chesapeake College Foundation: (1) The Exterior Lighting (Project funded
Fiscal Year 2001-2004; total budget $85,000);
(2) High Voltage Power (Project funded in Fiscal Year 2002 and 2003; total
(3) Performing Arts Center Rear Entry (Project funded in Fiscal Year 2002,
(4) Temporary Facilities (Project funded in Fiscal Year 2004, $94,000).
A motion was made by Commissioner Livie, seconded by Commissioner Pickrum,
and passed by the majority of the Board to approve the recommendation
of the Chesapeake College Board of Trustees.
Commissioner Crow voted in opposition to this recommendation, questioning
the integrity of the long-term policy of the College to automatically
"roll-over" unused, budgeted funds for expenditures pertaining to maintenance
and building projects.
Commissioner Livie noted that the Minutes of the last meeting of the Board
of Trustees of Chesapeake College reflect the opinion of the Board of
Commissioners that, whenever possible, consideration be made of Eastern
Shore businesses as candidates for contractual work with the College prior
to exploring other business-options. It was agreed that a letter go forth
to Dr. Bounds expressly stating this opinion and encouraging the same
of the Board of Trustees.
CHESAPEAKE HERITAGE AREA
A Public Draft of the Heritage Management Plan of the Stories of the Chesapeake
Heritage Area was received, along with copies of the Public Draft Summary,
from A. Elizabeth Watson, Executive Director, Eastern Shore Heritage,
The Commissioners enacted their approval of a request received
in correspondence sent by Ileana Lindstrom, requesting that, at the start
of each meeting of the Board, the Commissioners request a moment of silence
in memory of all of the soldiers of the United States and coalition troops,
the civilians, and the children who have died as a result of the war in
Iraq, and to remember all those who face peril every day in Iraq.
In follow up to the June 22 meeting, Roger Williams, Treasurer, received
the following quotes for borrowing $888,853 for a short term (five year)
Chesapeake Bank (Fixed) 3.240%; (Current Floating) 2.6000% - 65%
Chestertown Bank (Fixed) 2.950%; (Current Floating)
2.480%; 30 day libor + 1%; 2.48% floor
Peoples Bank (Fixed) 4.180%; (Current Floating) No
Farmers National (Fixed) No Bid); (Current Floating)
SunTrust Bank (Fixed) 3.000%; (Current Floating)
1.470%; 68% of 1 month libor 0.60%
Centreville National (Fixed) 3.440%; (Current Floating) 2.600%; 65% of
Mr. Williams reported that it is projected that the Federal
Reserve will raise the prime rate this week by at least 1/4%. The 30 day
libor has been increasing for some time now. With this in mind, it was
Mr. William's recommendation that the County accept the lowest fixed rate
of 2.95% as submitted by the Chestertown Bank of Maryland.
As recommended by Mr. Williams, Commissioner Crow accepted the low fixed
rate quoted (2.950%) received from the Chestertown Bank of Maryland to
fund the following county projects: Detention Center Roof, Infrastructure,
Library Hearse House, Chesapeake College Dorchester Building, and Fiscal
Year 2004 Board of Education Capital Projects.
On June 29, Commissioner Crow signed Resolution accepting the quote received
from Chestertown Bank of Maryland and Bank Note as it relates to this
short term loan.
COUNTY OWNED BUILDING/CUSTODIAL CONTRACT
The Commissioners approved and signed Agreement with Rosalind N. Beck
for the provision of custodial services for the Kent County Public Library
at a monthly rate of $630.
COUNTY OWNED EQUIPMENT
Doug Sherman, Information Systems Manager, appeared and presented the
results of his research pertaining to the need for an Audio-Visual System
in the Commissioners' Hearing Room. Mr. Sherman distributed copies of
his compiled research and explained that he met with two consultants and
the following quotes were received: Nelson White Systems, Inc. - $10,783.54;
Ritz Audio/Visual - $19,393.99. Mr. Sherman outlined the range of products
available, inclusive of microphones, ambient sound filters, tape recording
equipment, etc. Mr. Sherman recommended that the contract be awarded to
Ritz Audio/Visual since he feels that this equipment would be better suited
for the County's need and would have a longer life span.
Dick Meyers, General Manager, WCTR Radio Station, appeared and conveyed
his interest in having the ability to record the proceedings of the Commissioners'
meetings. He recommended the amplification and recording system used in
the Hearing Room in Queen Anne's County.
The Commissioners expressed their appreciation to Mr. Sherman for his
thorough report. Later in the day, the Commissioners again reviewed the
quotes received. It was noted that the amount of $18,000 was approved
out of the Fiscal Year 2004 contingency.
Mr Sherman was requested to contact Ritz Audio/Visual to further discuss
bid submitted. As a result, approval was given to award contract to Ritz
Audio/Visual in the amount of $18,170.00. The amount of $170 will be covered
out of Fiscal Year 2004 contingency.
COUNTY ROADS POLICY
As requested, Jim Wright, County Engineer, advised that he and Ed Spray,
County Roads Superintendent, will draft proposed amendments to the County
Roads Policy for the Board's review and consideration.
COURT HOUSE FLAGS
In reference to the correspondence that was received from Nancy Lee Jewell,
Register of Wills, requesting that the Commissioners consider installing
three flagpoles (for the purpose of flying the U.S., Maryland, and Kent
County flags) in front of the Court House, the Commissioners agreed to
consider this request in the Fiscal Year 2006 Budget.
At 11:30 a.m., the Commissioners and the County Administrator attended
meeting at the Courthouse hosted by Judge J. Frederick Price, Circuit
Court Judge, who provided a briefing on the new Courthouse security system
recently installed as well as introduced the two new security officers
to the Commissioners and others who attended. The Commissioners reconvened
their regular meeting at 1:30 p.m.
CRITICAL AREAS PROGRAM
Correspondence was received from Martin G. Madden, Chair, Critical Area
Commission, Chesapeake and Atlantic Coastal Bays, providing background
information about the following bills passed during the Maryland General
Assembly's 2004 legislative session which cover several matters related
to the implementation of local Critical Area programs, effective June
House Bill 1009/Senate Bill 694: Chapter 526 of the 2004 Laws of
Maryland: "Chesapeake and Atlantic Coastal Bays Critical Area Protection
Program - Miscellaneous Enforcement Provisions."
The provisions of Chapter 526 are as follows:
- Variances and the Critical Area Buffer;
- Definition of Buffer;
- Increased Fines for Critical Area Violations;
- Provisions for Assistance from the Commission.
House Bill 1345/Senate Bill 795; Chapter 546 of the 2004 Laws of Maryland:
"Chesapeake and Atlantic Coastal Bays Protection Program - Dwelling Units"
(The term "dwelling unit" has been redefined.)
House Bill 1030/Senate Bill 482: Chapter 396 of the 2004 Laws of Maryland:
"Real Property Sales - Disclosure Requirements - Chesapeake and Atlantic
Coastal Bays Critical Area"
This legislation has been addressed by the Planning Commission at its
June 3 meeting and on June 9 was submitted to the Commissioners for introducing
DEPARTMENT OF NATURAL RESOURCES (DNR)
Correspondence was received from C. Ronald Franks, Secretary, DNR, requesting
Kent County's funding for the operation of stream gauges and observation
wells in the County.
The Commissioners agreed to table discussion on this request until the
next meeting of the Board.
In his correspondence, Mr. Franks explained that, historically, DNR has
partnered with the U.S. Geological Survey (USGS) to install and operate
a Statewide Network of gauges and wells throughout the State designed
to monitor stream flow and groundwater levels. In the past, some counties
have contributed to the operation of these stream gauges and wells, but
a large majority of the costs have been borne by DNR and the USGS; however,
the status of the State's current budget necessitates that DNR reduce
or cease its sponsorship of this network effective July 1, 2004.
Currently, the number of wells and gauges in the County and associated
costs for Fiscal Year 2005 are as follows:
Stream Gauges: Total Number - 0
Observation Wells: Total Number - 10;
Total Annual Cost - $5,825.00;
Local Sponsor Annual Cost (52.5%) - $3,058.13.
DEPARTMENT OF WATER AND WASTEWATER SERVICES
Wayne Morris, Director of Water and Wastewater Services, appeared and
reported on the following:
Edesville Service Area - The Commissioners approved and signed
Public Works Agreement with Judith and Ronald Kennard for a sewer allocation
in the Edesville Service Area.
Millington Service Area - The Commissioners approved and signed
Agreement with the Town of Millington and Bearing Construction, Inc. as
it relates to the Millington Water System, Contract A in the amount of
Tolchester Service Area - The Commissioners approved and signed
Public Works Agreement with Jim and Tracy Stone for a sewer allocation
located on Map 35A, Parcel 27 and on Parcel 96 in the Tolchester Service
General - Mr. Morris reported that he intended to send correspondence
to Christopher A. Powell, Chief of the Galena Volunteer Fire Company,
advising that in general, non-emergency withdrawals of water from any
of the County's four systems, Kennedyville, Worton, Fairlee, and Edesville,
is not permitted.
Mr. Morris indicated in his letter that if the Chief's company receives
a request to fill a swimming pool, the current policy requires that contact
be made with David Jones, Superintendent of the Department of Water and
Wastewater Services, and that requests must be submitted at least 24 hours
in advance to schedule a time during which an operator will be designated
to monitor and assist with the withdrawal of water.
Currently the rates for said withdrawal of water are: $25.00 for the first
1,000 gallons; $7.00 each additional 1,000 gallons.
Commissioner Crow requested that Mr. Morris speak with the Chief of the
Millington Volunteer Fire Department before sending forth said correspondence
given that Kennedyville's Fire Department is the only municipal fire company
that draws water from the County system and in order to encourage clarity
Rex Kershaw, of Rock Hall, appeared and inquired of Mr. Morris concerning
the status of the Allens Lane project.
Mr. Morris responded that Allens Lane is on the priority list of projects
of the Department of Water and Wastewater Services; however, the County
must wait until September 2004 to learn whether or not funding will be
available for the project.
Mr. Morris also reported that if the funding is approved, the Allens Lane
project construction will begin in 1 ½ to 2 years from the present.
Quaker Neck Service Area - Correspondence was received from William
Ingersoll, Town Manger, Chestertown, via electronic mail, directed to
Susanne Hayman, County Administrator, with the following points made,
clarifying correspondence from Mr. Ingersoll, dated May 27, 2004, to Mr.
Morris and discussion made previously:
- Mr. Ingersoll indicated that when the Town stated "previous offers relating
to tying into the County's gravity sewer would become null and void if
the Town takes this sewer line back into Town," the Town was referring
to more than, in his opinion, its offer to upgrade the Sanitary District
pump station and extend its force mains to the Town's new BNR approved
Mr. Ingersoll explained that the Town was also referring to any previous
offers to allow the County to use former and future hookups and set-asides
from the annexed area elsewhere in the existing Quaker Neck Sanitary District.
According to Mr. Ingersoll, this could be interpreted to mean the 9 active
accounts that will be demolished, the 11 shown for future use in the 1997
addendum and the 5 lots paying vacant lot fees.
This issue will be further discussed.
Wastewater Treatment Needs - Correspondence was received from Congressman
Wayne Gilchrest reporting that his office recently hired a short term
project manager to conduct a comprehensive overview of wastewater treatment
needs and conditions in Maryland's First Congressional District.
The purpose of this assessment is to gain a comprehensive overview of
the wastewater processing needs of the 12 counties in the District for
long term planning purposes related to federal appropriation requests
and fundamental changes that may need to be made in the federal funding
mechanisms for these needs.
Congressman Gilchrest indicated that in past years, this District has
been successful in securing federal funding and assistance for wastewater
treatment plant upgrades; however, the process of prioritizing and reviewing
these requests among the State, County and municipal governments can be
inconsistent and overly subjective, according to Congressman Gilchrest.
He believes that the review will allow this District to project the total
anticipated needs of this District over the long term. Congressman Gilchrest
invited the Commissioners to contact Drew Launch of his staff to provide
Mr. Launch with information specific to Kent County as he conducts his
Worton Service Area - Pursuant to the Maryland Annotated Code,
Article 5-506, Mr. Morris sent notices to the owners of property within
the Worton Service Area reporting the County's application for a Permit
to Appropriate and Use Waters of the State which seeks to appropriate
and use an annual average of 71,000 gallons of ground water per day and
an average of 112,000 gallons of water per day in the month of maximum
The water will be withdrawn from one well in the Magothy aquifer and will
serve as a supplemental water supply for the Town of Worton. The project
is located on the northeast corner of the junction of MD Route 297 and
Porters Grove Worton Road, Worton.
Persons wishing to review the plans for this project may do so by contacting
Mr. Morris at his office, or by contacting the Maryland Department of
the Environment, Water Management Administration, Water Supply Program
A Memorandum was received from P.A.M. Schaller, Director of Economic Development,
providing updates on projects pertaining to Chesapeake Fields, LaMotte
Property, and the Chesapeake Marine Trade Career School.
HOUSING IMPROVEMENT PROGRAM (HIP)
The Commissioners approved of the recommendation made by Jack Canan, Director
of Housing and Community Development, directed to Susanne Hayman, County
Administrator, recommending that the County "forgive" the balance of the
no-interest loan, provided by the Housing and Community Office (using
HIP Project funding), given to Eunice Walley, a HIP beneficiary.
The balance of the loan was $153.00. Mrs. Wallace is currently a resident
of Chestertown Rehabilitation Center.
HUMAN RELATIONS COMMISSION
Jack Canan, Director of Housing and Community Development, has agreed
for Robin Spielman, Administrative Aide, Housing and Community Development,
to serve as administrative support for the Human Relations Commission.
At 11:15 a.m., a motion was made Commissioner Crow, seconded by Commissioner
Livie and made unanimous by Commissioner Pickrum to go into closed session
with Thomas N. Yeager, County Attorney, for legal counsel in accordance
with State Government Article, Section 10.508 of the Annotated Code of
Items of discussion included the Kent County Business Park at Worton,
Hotel Rental Tax, and Quaker Neck Service Area.
The closed session adjourned at 11:30 a.m.
At 1:30 p.m., a motion was made by Commissioner Crow, seconded by Commissioner
Livie and made unanimous by Commissioner Pickrum to go into closed session
for legal counsel in accordance with State Government Article, Section
10.508 of the Annotated Code of Maryland.
The executive session adjourned at 2:00 p.m.
LOCAL GOVERNMENT INSURANCE TRUST (LGIT)
Correspondence was received from Raquel Sanudo, Chair, LGIT, reporting
that the Board of Trustees of LGIT has approved the Eighth Amended and
Restated LGIT Agreement, dated as of July 1, 2004, and requesting that
the County, as a member of LGIT, give its consent and approval to this
Amended and Restated Trust Agreement.
An attached Executive Summary of the Amended and Restated was provided.
A motion was made by Commissioner Crow, seconded by Commissioner Livie,
and made unanimous by Commissioner Pickrum to consent to and approve said
Amended and Restated Trust Agreement.
LOCAL INCOME TAX
Distribution of Funding - Correspondence was received from William
Donald Schaefer, Comptroller of Maryland, reporting that, as a result
of a joint effort with the Maryland Association of Counties (MACo), it
was concluded that the amount of estimated local withholding taxes, which
the State retains during the course of the year to make sure that it does
not over-distribute, could safely be reduced by almost 32%, resulting
in a substantial one-time, first year benefit.
Correspondence was received from Richard W. Feeny of Worton, expressing
his understanding that the creation of good jobs and a prosperous economy
is a stated goal of the current Board. He provided an attachment of data,
provided by a recent publication regarding the impact of State taxes on
population gain or loss, which he believes suggests that local taxes are
a detriment to said goal.
MARYLAND ENERGY ADMINISTRATION (MEA)
Correspondence was received from Michael T. Richard, Director, MEA, requesting
the Commissioners' assistance with the identification of possible energy
efficiency and renewable energy projects in Kent County. He indicated
that it may be possible for the MEA to fund the County's projects, or
provide low-interest loans, using State and/or Federal dollars.
The Commissioners were asked to submit their project proposals which,
if approved, would be eligible to receive MEA's funding and technical
MENTAL HEALTH SERVICES
A petition was received from Stacey Riggs, directed to Dr. Leland Spencer,
Health Officer of Caroline and Kent Counties, signed by 174 residents
representing Kent and Queen Anne's Counties and expressing the opposition
of said residents to the closure or the reduction of services to adults
at the existing Public Mental Health services in Kent County (formerly
known as the Regional Mid-Shore Mental Health Services, and expressing
their opposition to the privatization of public mental health services
Correspondence was received from Ms. Laura Coleman, of Chestertown, expressing
her objection to the proposed closure of the mental health clinic in Chestertown.
The County Administrator advised that Judge Price, Circuit Court, sought
and obtained a grant in the amount of $5,000 from the State Administrative
Office of the Courts to be used toward rehabilitation.
She also noted that it is the Kent County Health Department's present
intention to manage the mental health services one year at a time.
Personnel Policy - Correspondence was received from a county employee
requesting the Board's consideration to amend the Personnel Policy by
reinstating a paid six week parental leave policy.
This request will be taken under consideration.
At 2:15 p.m., a motion was made by Commissioner Crow, seconded by Commissioner
Livie and made unanimous by Commissioner Pickrum to go into executive
session to discuss personnel matters in accordance with State Government
Article, Section 10.508 of the Annotated Code of Maryland.
The closed session adjourned at 3:05 p.m.
Gail Owings, Director, Planning and Zoning, appeared and reported the
decisions made by the Planning Commission at their meeting on July 1.
Carla Martin, Community Planner, was also in attendance.
Among the decisions made, the application for preliminary site of the
Kent County Business Park at Worton was approved with a number of requirements
and conditions, such as the requirement that all entrances to the Business
Park be constructed via Commerce Drive.
Mrs. Owings also reported that the Planning Commission will meet in the
evening to review the results of the Visioning Seminar and the Comprehensive
Plan. Mrs. Owings reported that the number of applications for building
permits received yearly was approximately 400 during the 1990's, and has
increased by 50 more each year since.
RIGHT TO FARM LAW
Carla Martin, Community Planner, appeared and referred to correspondence
that was received from Franklin M. Dill, Chair, Kent County Agricultural
Advisory Commission, reporting that the Commission has been working on
a new Right to Farm Law. Gail Owings, Director of Planning and Zoning,
was also in attendance.
Mr. Dill reported that the Commission felt that the existing law, adopted
in 1989, needed to be strengthened and expanded to better protect the
County's farmers. The Comprehensive Plan calls for the adoption of a "Kent
County Economic Resource Bill of Rights" that includes the right to farm,
right to hunt, and right to fish.
It is Mr. Dill's opinion that the proposed Right to Farm Law is the first
step toward accomplishing this goal. Correspondence was received from
Elizabeth Morris, Chair, County Planning Commission, recommending to the
Commissioners that a new Right to Farm Law, as drafted by the Agricultural
Advisory Commission, be approved.
Local Legislation will be prepared for introduction.
RURAL LEGACY PROGRAM
Correspondence was received from Robert J. Etgen, Executive Director,
Eastern Shore Land Conservancy, directed to Governor Robert L. Ehrlich,
Jr., thanking him and the Rural Legacy Board, on behalf of the Commissions
of Cecil, Kent, Caroline, and Dorchester Counties, the Talbot County Council,
and the Board of Directors of the Eastern Shore Land Conservancy, for
their commitment of $850,000 in Rural Legacy funds in support of the Eastern
Shore's Agricultural Security Corridor.
Mr. Etgen explained that the Agricultural Security Corridor through the
Upper Eastern Shore is one of the largest continuous masses of highly
productive farmland in the rapidly developing middle Atlantic coast. The
counties containing the Corridor annually produce roughly half of Maryland's
soybeans, corn, wheat, and commercial vegetables making this region the
heartland of Maryland agriculture and foundation of the Eastern Shore's
economy. This area also contains tremendous scenic and environmentally
sensitive lands critical to the protection of the Chesapeake Bay.
The Commissioners approved and Commissioner Pickrum signed Grant Award
and Acceptance from the Governor's Office of Crime Control and Prevention
for renewal of project entitled "Domestic Violence Exparte and Protective
Order Data Entry in the amount of $7,802.00. This program will continue
to be administered by the Sheriff's Office.
TAX SALE PROPERTY
Correspondence was received from Joyce A. Gagalski, Deputy Treasurer,
reporting that the County has absorbed the cost of several properties
which did not receive bids at the Tax Sale in April 2004.
UPPER SHORE MENTAL HEALTH SERVICES
A motion was made by Commissioner Crow, seconded by Commissioner Livie,
and made unanimous by Commissioner Pickrum to re-appoint James Blake as
a member of the Upper Shore Mental Health Board of Trustees, for the term
of September 2004 through September 2008.
WATER MANAGEMENT ADMINISTRATION
Pursuant to Maryland Annotated Code Article 5-506, notice was received
from Sean Jones, Vice-President, Lester C. Jones and Sons, Inc., reporting
that Lester C. Jones, of Massey, has filed with the Maryland Water Management
Administration, an Application for a Permit to Appropriate and Use Waters
of the State which seeks to increase an existing appropriation from an
annual average of 10,000 gallons of ground water per day (gpd), and an
average of 13,000 gpd in the month of maximum use to an annual average
of 35,000 gpd and 38,000 gpd in the Aquia aquifer and used for dairy farm
operation. The project is located on Massey Road, one mile north of Massey.
WATERWAY IMPROVEMENT PROGRAM
SHARP STREET, BAYSIDE, BOGLES WHARF, CLIFFS CITY LANDINGS
Correspondence was received from Robert P. Gaudette, Director, Waterway
Improvement Program, reporting that the Maryland Department of Natural
Resources, (MDE), Waterway Improvement Program approved the County's Waterway
Improvement Fund requests for 100% State funds to complete storm damage
repairs for the following which incurred damage as a result of Hurricane
Sharp Street Pier ($22,194), Bayside Landing, Bogles Wharf, and Cliffs
City Pier ($5,700).
The approved project funds will become available July 1, 2004.
WILSON POINT ROAD
Correspondence was received via electronic mail from Ray Long, a resident
of Wilson Point Road, First Election District, requesting repairs to this
road. The County Administrator noted that repairs were started last Fall
and were scheduled to be completed this coming Thursday.
Correspondence was received from Walter Washington, Jr., Chief, Maryland
Section Southern, U.S. Army Corps of Engineers, directed to Richland Homes,
Inc.,of Severna Park, Maryland, in reference to the wetland jurisdiction
determination for the Yarmouth Partners project which is now known as
the Harbor Woods Development in Rock Hall.
The original jurisdictional determination for this project was issued
on March 14, 1989 by the U.S. Army Corps of Engineers. On March 17, 1994,
this determination was extended to the maximum time allowable which expired
on August 14, 1997.
According to Mr. Washington, a recent investigation disclosed that the
project is still ongoing and that the jurisdictional determination for
the property was not updated to reflect present regulatory standards and
Mr. Washington further conveyed that it was determined by the U.S. Army
Corps of Engineers that Richland Homes, Inc. owns undeveloped lots in
said development which now qualify has nontidal wetlands. Therefore, any
grading or filling activities ongoing or proposed in nontidal wetlands
will require authorization from the U.S. Army Corps of Engineers.
Mr. Washington recommended to Richland Homes, Inc. that its Environmental
Consultant delineate the wetlands of its remaining undeveloped lots and
submit the same to the Corps' office for verification. At that time, a
determination will be made as to what permit requirements must be met
in order to complete the project.
Gail Owings, Director of Planning and Zoning, appeared and was asked by
the Commissioners to comment on correspondence that was received from
Fred W.J. Kirchner, resident of Tolchester Estates, Chestertown. In his
correspondence, Mr. Kirchner expressed his objections to the County's
building permit process and what he believes to be the uncontrolled growth
of the housing development in Tolchester.
In response to some of the concerns raised in the letter, Mrs. Owings
reported that Allen Coppage, Maryland Department Inspection Agency, is,
in her opinion, a qualified inspector, and that Planning and Zoning has
no authority to regulate private roads.
Commissioner Pickrum requested that Mrs. Owings write a letter, responding
to the concerns raised by Mr. Kirchner.
There being no further business to claim their attention, the Board adjourned
to meet again on Tuesday, July 13, 2004 at 6:00 p.m. in the Rock Hall
THE COUNTY COMMISSIONERS
OF KENT COUNTY, MARYLAND
Janice F. Fletcher
Approved: William W. Pickrum, President
Please contact Ileana Lindstrom or Janice Fletcher at (410)
778-7435 or by e-mail with
any questions or comments.