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Board of County Commissioners

August 17, 2004

The Honorable Board of County Commissioners met today with the following present: Scott D. Livie and William W. Pickrum, presiding. Commissioner Roy Crow was absent due to a business commitment.

Susanne Hayman, County Administrator, was also in attendance.

Minutes of the previous meeting were approved.

W. Roger Williams, Treasurer, reported a balance of $2,254,928.00.

Commissioner Pickrum requested a moment of silence to remember the men and women in uniform around the world who are in peril defending the United States' freedom and America's way of life.


The Commissioners accepted a letter of resignation which was received from Susanne Hayman, County Administrator, from her membership on the County Board of Housing Appeals. The Commissioners appointed Charles W. Sommers as a member of the Board of Housing Appeals for a three year ending September 6, 2007.


Commissioner Pickrum advised of concerns raised by residents of Butlertown as to need for additional lighting in the Butlertown community along MD Route 298. A request will go forth to the State Highway Administration seeking additional light poles and a community meeting will be scheduled for the citizen's input.


Correspondence was received from Mary Jean Hudson, resident of Chestertown, suggesting examples of ways to preserve the south east entrance to Chestertown, namely the Chester River Bridge, historical waterfront homes, etc. and the following:

- implementation of a weight restriction on the Chester River Bridge to preserve the integrity of the structure;

- placement of a 20 MPH speed limit within the Route 213 town limits to allow for business and home owners to enter and exit their properties safely;

- properly placed man-hole covers, proper repair of potholes, and improved gutter drainage to increase safety and reduce noise.

- insistence upon the use of U.S. Routes 301 and MD 291 for a truck by-pass.

The Commissioners agreed to discuss this concern with a representative of the Maryland Department of Transportation at the MACo Conference.


The first reading was held on Code Home Rule Bill No. 5-2004, The Right to Farm Amendment, which is:

An Act to repeal and re-enact with amendments Chapter 84 of the Code of Public Local Laws of Kent County, Maryland ("Farming") complying with Comprehensive Plan goals and strategy for natural resource based industry; defining "Agricultural Land," "Agricultural Operation," "Agriculture," "Best Management Practices," "farm product," and "generally accepted agricultural practices," adding noise as an "inherent effect" of agricultural operations; limiting actions against certain agricultural operations and inherent effects thereof; creating an Agricultural Resolution Board; establishing complaint or dispute resolution procedures; providing for real estate transfer disclosure statements, subdivision plat disclosure statements, and Right to Farm notices to property owners; and making certain technical changes.

A public hearing has been scheduled to take place at the meeting of the Board of Commissioners on September 14 at 6:15 p.m. in the Commissioners' Hearing Room.


Correspondence was received from Basil Wadkovsky, Esq., of Wadkovsky and Mowell, of Chestertown, with enclosure of the boundary line agreement by Mr. Wadkovsky, pertaining to a West Street, Millington property. Upon reviewing this request with the County Attorney, the Commissioners approved and signed the document as presented.


Following up on correspondence received from A. Hussain Alhija, Chief, Design and Certification Division, Maryland Department of the Environment (MDE), concerning the Sewage Sludge Utilization Permit Application submitted by the Town of Chestertown to the MDE to transport sewage sludge from the Chestertown Transfer Station to the Chestertown Lagoons, Mr. Morris reported that he looked into the matter as requested at the August 3 meeting and determined it to be a non-issue for the County.


A copy of correspondence was received from Senator E.J. Pipkin and directed to Buddy Hance, The Maryland Farm Bureau, Inc., with enclosure of the Senator's letters to Governor Erhlich and Secretary Nelson J. Sabatini, the Secretary of the DHMH expressing his opinion that the fees about to be imposed upon dairy farmers are unreasonable and unfair. He also indicated that he voted against the Budget Reconciliation Act which contained the tax and fee increases.

Senator Pipkin also expressed his opinion and concern that the fee increases will drive hundreds of dairy farmers off their land. He urged the Governor and Secretary Sabatini to reconsider the fees and stop their imposition, emphasizing to them that between 1997 and 2002 alone, the State lost 115,000 acres of farmland.


Wayne Morris, Director of Department of Water and Wastewater Services, appeared and reported about the following:

Fairlee Service Area - The Commissioners approved the request of Melvin and Ida Thompson, of Chestertown, for one sewer and water allocation for Tax Map 43, Parcel # 5.

Millington Service Area

Millington Water Project - A letter dated August 2 went forth to Linda C. Janey, J.D. Manager, Clearinghouse and Plan Review Unit, pertaining to the Millington Water Project, State Application Identifier, with the following enclosures:

a copy of a letter from Ryan Rangel of McCrone's Inc. (Engineering), explaining the need for the revised funding application package sent by Mr. Morris to Ms. Janey;

a copy of a letter sent to Ms. Janey, dated August 18, requesting agency comments on the proposed water system and a revised service area map indicating the area removed from the project.

Water Meter Locations - A letter will go forth to new residents and current Millington Service Area customers indicating that the Millington Water Project was awarded to Bearing Construction Company, Inc., and that prior to the start of construction, representatives of Bearing Construction Company, Inc. and McCrone, Inc. (Engineering) will be scheduling a meeting with each property owner.

The purpose of the meeting will be to determine the location of the water meter that will serve each property owner's home, and to discuss the following logistics: the water meter must be located within or in close proximity to the road right-of-way for maintenance and servicing purposes; any and all properties not on a County road with a right-of-way or meters that require adjustment due to conflicts with trees, buildings, etc. outside the right -of- way will require an easement agreement between the property owners and the County; the contractor will drive a stake at the location of the meter as well as videotape the property to ensure that any restoration questions may be resolved once the project is complete.

Tolchester Service Area - Correspondence was received from Robert M. Summers, Director, Water Management Administration, Maryland Department of the Environment (MDE), requesting the completion of a monthly report form by all municipal wastewater treatment plants which will assist the MDE with identifying when a treatment plant's actual flows are approaching or exceeding the design capacity.

The database compiled as a result of these reports will also help to determine when the issuance of additional building permits should be curtailed until improvements are completed to accommodate the extra flow in order that the treatment plant can maintain consistent compliance with its discharge permit.

Mr. Morris, referring to a copy of the draft of said report, indicated that a letter will go forth in which he will express his opinion to Mr. Summers that the report should be made more concise because, in its present form, the report requests information currently required of water treatment managers by the State and federal governments.

Worton Service Area

Force Main Break - Given a substantial leak that has been temporarily patched, the Commissioners approved of Mr. Morris' recommendation that David A. Bramble, Inc. be contracted to replace the faulty section of the pipe.

Allocation Request - The Commissioners approved the request of Charles Dudley Reed, of Reed Builders of Chestertown, for two additional sewer and water allocations for a one bedroom unit and a two bedroom unit on a property he recently purchased at 11149 Old Worton Road, Worton.

In Mr. Reed's opinion, it appears that the new allocation, if approved, could be extended to the existing lines already in place at said location.


Correspondence dated August 9 was received from G. Edward Ryan II, Director, Wireless Communications, Maryland Department of Budget and Management, requesting concurrence to permit the State of Maryland - Patuxent Institution to co-license for operations on Kent County's frequency 453.4875 MHz. The Patuxent Institution requires an additional channel to support its internal operations.

Should the proposed system cause harmful interference to reception by the County, the State promises to cease its operations on the related frequency. At Mr. Morris' recommendation, the Commissioners approved this request.


A copy of correspondence was received from William T. Blackiston, Facility Administrator, Maryland Correctional Pre-Release System, Division of Correction, MD Department of Public Safety and Correctional Services, directed to Ms. Hayman, County Administrator, and providing clarification of his statements made at the Commissioners' meeting on August 10.

Mr. Blackiston noted the following:

- The cost would be $2.50 per inmate per day if the inmates are supervised by County staff, not DOC staff.

- The cost for one officer, one van, and any number of inmates would be $48.60 per hour, per a total of eight hours, resulting in a cost of $388.80 per day.

- Should the County choose to provide staff to supervise an inmate labor crew, an Eastern Pre-Release Unit Correctional Officer would transport the inmates to the designated County facility in the morning of a work day.

An Eastern Pre-Release Unit Correctional Officer would transport the inmates back to the Pre-Release Unit facility in the afternoon. This matter will be further discussed at a later time.


Commissioner Pickrum, referring to a Memorandum received from P.A.M. Schaller, Director of Economic Development, noted that the public is invited to tour the Workforce Investment Board Mobile Learning Center Vehicle on September 7 at the Visitors' Center in Chestertown.


Correspondence was received from Judith A. Taggart , CEO, and Denise Eberspeaker, Fund Development Manager, The Girl Scouts of the Chesapeake Bay Council, informing of the organization's plans in the Delmarva Peninsula.

They invited the Commissioners to attend one of several charrettes which will preface the Girl Scouts' $4.3 M capital campaign on September 23.

Interest was also expressed in receiving the County's guidance and advice as the Girl Scouts of the Chesapeake Bay Council begin designing and preparing to pursue support through the Maryland Bond Bill.


A copy of correspondence directed to Arthur S. Hock was received from Governor Robert L. Ehrlich, Jr. reappointing Mr. Hock as a member of the Kent/Queen Anne's County Citizens Review Board for Children for a four year term commencing July 1, 2004.


At 9:50 a.m., a motion was made by Commissioner Livie, seconded by Commissioner Pickrum and passed by the majority of the Board to go into closed session with Thomas N. Yeager, County Attorney, for legal counsel in accordance with State Government Article, Section 10.508 (a)(3)(7) of the Annotated Code of Maryland.

Items of discussion included nuisance ordinance violations, revolving loan fund, storm water management project and Kennedyville Wastewater Treatment plant property.

The closed session adjourned at 10:15 a.m.


The Commissioners approved and signed Memorandum of Understanding with the Local Management Board for Children's and Family Services of Kent County and the Kent County Parks and Recreation Department as it relates to funding the Fiscal Year 05 Summer Day and Kiddie Camps in the amount of $4,920.


Commissioner Pickrum reported that the Board of Commissioners and several County department heads will be attending the MACo Conference in Ocean City from August 18 to 21. He described the conference as a valuable opportunity for the Commissioners to network with their counterparts and representatives of the State.

Commissioner Livie concurred that the conference will be beneficial as a forum to learn about helpful resources and successful strategies for the County's welfare.


A copy of correspondence was received from Nony Howell, Environmental Programs, directed to Phyllis Wallace, resident of Kennedyville, responding to Mrs. Wallace's complaint about the alleged nuisance violation pertaining to a neighbor of Mrs. Wallace. Ms. Howell indicated that the County Health Department is not vested with the authority to condemn a property; however, there are regulations that require property owners to clean up and rectify a nuisance.


At 10:20 a.m., a motion was made by Commissioner Livie, seconded by Commissioner Pickrum and passed by the majority of the Board to go into closed session to discuss personnel matters in accordance with State Government Article, Section 10.508 (ii) of the Annotated Code of Maryland.

Ed Robinson, Human Resources Director, was also in attendance.

The closed session adjourned at 10:40 a.m.


Gail Owings, Director of Planning and Zoning, appeared. Amy Moredock, Environmental Planner, was also in attendance. Mrs. Owings suggested that, given the projected development being planned in towns such as Millington, Betterton, and Kennedyville, a joint meeting of the Board of Commissioners and the mayors and town councils be scheduled in order to discuss growth issues and related infrastructure needs.

This suggestion will be placed on the agenda of the next County Council of Governments' (COG) meeting scheduled to take place on September 15.


The Commissioners approved the following recommendations of the Public Landings and Facilities Board which were made at its meeting on August 9: - to install a pole with electric at Sharp Street pier, Rock Hall, for use by Trumphys boat which will be on display during FallFest in September. The boat owners will pay for the installation and will be responsible for its removal after FallFest weekend. A Board member suggested that the pole remain for future use.


At 9:35 a.m., a motion was made by Commissioner Livie, seconded by Commissioner Pickrum, and passed by the majority of the Board, to go into closed session to discuss matters of public security in accordance with State Government Article, Section 10.508 (a)(10) of the Annotated Code of Maryland.

Items of discussion pertained to the Detention Center.

The closed session adjourned at 9:50 a.m.


Commissioner Pickrum noted that, as a member of the Upper Shore Aging Board of Directors, he received correspondence from Carl Burke, Executive Director of Upper Shore Aging, Inc. (USA), announcing that USA will terminate its authority of U-Star Transportation beginning Fiscal Year 2006, and that USA is considering a new food service contract with Business Foods Solution.


A State Highway Administration Permit was received extending time limit for completion of the Worton Business Park road to October 1. Jim Wright, County Engineer, reported that the road is now complete.

There being no further business to claim their attention, the Board adjourned to meet again on Tuesday, August 24, 2004


Janice F. Fletcher
Executive Assistant

Approved: William W. Pickrum, President

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