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.
BOARD OF HOUSING APPEALS
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.
BUTLERTOWN STREET LIGHTS
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
- 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
- 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.
CODE HOME RULE
RIGHT TO FARM AMENDMENT
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
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'
COUNTY OWNED PROPERTY
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.
DEPARTMENT OF THE ENVIRONMENT
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.
DEPARTMENT OF HEALTH AND MENTAL HYGIENE (DHMH)
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.
DEPARTMENT OF WATER AND WASTEWATER
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
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
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
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
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
DIVISION OF CORRECTION (DOC)
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
- 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
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.
KENT/QUEEN ANNE'S COUNTY CITIZENS REVIEW BOARD FOR CHILDREN
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.
LOCAL MANAGEMENT BOARD
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
MARYLAND ASSOCIATION OF COUNTIES (MACo)
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
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.
PLANNING AND ZONING
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.
PUBLIC LANDINGS AND FACILITIES BOARD
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.
UPPER SHORE AGING, INC. (USA)
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
WORTON BUSINESS PARK
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
THE COUNTY COMMISSIONERS
OF KENT COUNTY, MARYLAND
Janice F. Fletcher
Approved: William W. Pickrum, President