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Board of County Commissioners

July 6, 2004

The Honorable Board of County Commissioners met today with the following present: Roy W. Crow, Scott D. Livie, 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 $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.


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.


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.


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 Talbot.

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 budget $70,000;

(3) Performing Arts Center Rear Entry (Project funded in Fiscal Year 2002, $20,000);

(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.


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, Inc.


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) loan:

Annual Payments

Chesapeake Bank (Fixed) 3.240%; (Current Floating) 2.6000% - 65% of prime

Chestertown Bank (Fixed) 2.950%; (Current Floating) 2.480%; 30 day libor + 1%; 2.48% floor

Peoples Bank (Fixed) 4.180%; (Current Floating) No Bid

Farmers National (Fixed) No Bid); (Current Floating) No Bid

SunTrust Bank (Fixed) 3.000%; (Current Floating) 1.470%; 68% of 1 month libor 0.60%

(Kent Savings)
Centreville National (Fixed) 3.440%; (Current Floating) 2.600%; 65% of prime

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.


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.


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.


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.


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.


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 1, 2004.

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 local legislation.


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.


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 $2,970,663.74.

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 Area.

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 in communication.

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 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 facility.

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 assessment.

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 use.

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 at 410-537-3590.


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.


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.


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 Maryland.

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.


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.


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.


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 assistance.


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 for profit.

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.


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.


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.


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.


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.


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.


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 Isabel:

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.


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 site conditions.

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 Municipal Building.


Janice F. Fletcher
Executive Assistant

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.

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