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KENT COUNTY, MARYLAND


Board of County Commissioners

DECEMBER 7, 2004

The Honorable Board of County Commissioners met with the following present: Scott D. Livie and William W. Pickrum, presiding. Commissioner Roy W. Crow was away on business. Susanne Hayman, County Administrator, was also in attendance.

Minutes of the previous meeting were approved.

W. Roger Williams, Treasurer, reported a balance of $8,081,053.00.

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


APPEALS BOARD

Correspondence dated November 20 was received from Anna M. Riggin, Clerk, Board of Appeals, advising that applicant, Leonard LaBattaglia has appealed the Board of Appeals decision for review by the Circuit Court for Kent County and questioned whether or not the County should be represented in this case. The Commissioners did not authorize the County to be represented in this case and agreed to leave the decision at the discretion of the Circuit Court.

BOARD OF EDUCATION

The Commissioners were invited to attend a retirement celebration of the distinguished career of Dr. James R. Siemen, outgoing President of the Board of Education, scheduled for December 13. The Commissioners approved and signed a letter to be presented to Dr. Siemen on December 13 in recognition of his commitment to the enrichment of many young lives.


CABLE TV

Correspondence dated November 22 was received from Steve Grossman, Vice President and General Manager of Atlantic Broadband, advising that as of December 15, 2004, CNNfn will cease operations and therefore will no longer be available to Atlantic Broadband's subscribers.


CHESTERTOWN MIDDLE SCHOOL
WASTEWATER MANAGEMENT

Mrs. Barbara Gillin appeared with her 6th grade class from the Chestertown Middle School. The following students made a presentation on their wastewater study project recently conducted: Alex Adams, Grace Baker, Greg Bourne, Brandon Carroll, Meredith Fish, David Kelley, Susannah Krom, Brian Landon, Kelsey Lowman, Thomas MacLeod, Parker McCown, John O'Keefe, Danielle Prince, Will Schaefer, Brianna Sipes, Rachel Spurrier, Sylvester Tatman, Rachel Williams, Kwandrey Wilson, Brittany Zurek.

The information was based on research performed at the Rock Hall Wastewater Treatment Plant. The reports given focused on topics such as: calculation of the daily amount of water usage per home, the process of water filtration, and sewer systems versus septage systems.

The Commissioners thanked Mrs. Gillin and praised the 6th class for their hard work on the project and on the valuable information reported. The Commissioners also expressed interest in passing on this information to users of the various service areas in the County.


COMMUNITY CENTER

In order to facilitate fund raising for the Community Center, the Commissioners agreed for Chip MacLeod, LMB Community Center Project Consultant, be requested to draft legislation for a Community Center Authority and to submit the draft to the Board for further review and discussion.


COMPTROLLER OF THE TREASURY

Correspondence dated November 24 was received from William Donald Schaefer, Comptroller of Maryland, encouraging government employees to e-file their income tax returns. A promotional/informational kit for this initiative was offered.

The Commissioners agreed to pass this information on to county employees.


DEPARTMENT OF WATER AND WASTEWATER SERVICES

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

Biosolids - The Commissioners asked Mr. Morris of his opinion on the biosolids issue as it relates to Kent County. Mr. Morris replied that the County is currently having their sludge hauled to the landfill at a cost of $45.50/ton no including hauling and container fees. He stated that the Worton, Kennedyville and Edesville lagoons will need to be cleaned out within the next two years at a cost of approximately $500,000.00.

Mr. Morris stated that it could potentially be beneficial to the County if the biosolids removed from the facilities could be utilized locally.

The Commissioners requested a legal opinion to obtained to determine if it would be in the best interest of the county to consider use of biosolids and if Kent County would be able to control use of biosolids from other areas.

Millington Service Area - The Commissioners approved and signed Public Works Agreement for Janice McClintic and Kirk E. Hassell for four water and four sewer allocations for residential use on Map 32, Parcel 76 in the Millington Service Area.

Tolchester Service Area - In follow up to discussion held on November 30, Mr. Morris researched locations of the twelve requested allocations within the approved area and within the Tolchester Service Area as approved by MDE for the following properties:

Debra Shenk & P. Boudart - Tax Map 35B, Parcel 382

Barbara Kaehler - Tax Map 35B, Parcel 375

Gerald Emerick - Tax Map 35D, Parcels 304,305,306

Vincent J. Raffa - Tax Map 35C, Parcel 815

David C. Hoff, Jr. - Tax Map 35B, Parcel 447

Eugene F. Deems, Jr. - Tax Map 35B, Parcel 549

Lia Fernandes - Tax Map 35B, 733

Debra Shenk & P. Boudart - Tax Map 35B, Parcel 394

Arline Murray - Tax Map 35B, Parcel 371

Barry W. Adkins - Tax Map 35B, Parcel 538

Catherine Adams - Tax Map 35B, Parcel 367 lots 7&9

Maxine Robinson-Timazee - Tax Map 35D, 614

A motion was made by Commissioner Livie to approve sewer allocations for the twelve above property lots within Tolchester Service Area.

The motion was seconded by Commissioner Pickrum and passed by the majority of the Board.

The remaining requests that are outside the growth area for sewer allocations can be reviewed at a later date. Notification will go forth to property owners seeking allocations.

Worton Service Area - Mr. Morris advised that the Worton area is receiving an increased amount of requests for growth. Mr. Morris stated that the Fairlee and Tolchester treatment plants have a sufficient amount to support growth within those areas but currently could not handle the proposed growth for the Worton area.

Mr. Morris gave his opinion that if the requests for water and sewer allocations increase for Worton area, a moratorium may need to be considered. The Commissioners requested that Mr. Morris meet with the Agricultural Advisory Commission, Director of Planning and Zoning Administration, and the Community Planner to come up with proposed recommendations on this issue.


EMERGENCY MANAGEMENT AGENCY (EMA)

A Memorandum dated December 1 was received from Sue Willits, EMA, with attachment of a draft copy of the Kent County Emergency Operations Plan (EOP) for the Commissioners' review. Mrs. Willits explained that the main purpose of the Local Emergency Preparedness Committee (LEPC) Public Meeting on December 7 is to promulgate the EOP, the last occasion for which took place in 1993. The plan was updated in October and addresses major hazards, but is flexible enough to deal with any kind of disaster, and consists of basic policy and detailed checklist procedures.

Commissioner Live plans to attend the public meeting scheduled this evening.


EXTENSION SERVICE

Craig McSparran and William Pinder, Nutrient Management Coordinators, for University of Maryland Agriculture and Natural Resources, appeared to discuss the Nutrient Management Program proposed for Kent County farmers. Mr. McSparran spoke briefly about what the Nutrient Management Program would entail for farmers. The Program currently offers training to help farmers to remain up to date on State and County regulations.

At present a package of information, comprised of Maryland Department of Agriculture forms, is presented to several farmers within Kent County. Currently farmers are required to sign Right of Entry Forms to allow MDA inspectors to test soil on farmland. Under current legislation the Right of Entry Forms clause will be removed and farmers will now need to submit a Year Event Summary form.

This new form will be available from the Department of Agriculture in December 2004.

Mr. Pinder spoke briefly regarding the benefits of a Nutrient Management Plan for Kent County farmers. He stressed two main points: ecology and economics. Mr. Pinder stated that farmers need to be ecologically responsible for the nutrients that are applied to their crops. This is particularly important with regards to the local watershed. Economics is also a contributory factor for many local farmers. A Nutrient Management Plan, if utilized effectively can be a cost savings for farmers. Mr. Pinder stated his belief that Nutrient Management Plans are specifically designed to create a cost savings for farmers. Mr. Pinder recognized Kent County being the highest in compliance for Nutrient Management per MDA.

Commissioner Pickrum asked Mr. Pinder of his opinion of biosolids. Mr. Pinder replied that biosolids should not be thought of as disposal but as recycling.

Commissioner Livie asked Mr. McSparran if biosolids could be tested on a plant by plant basis. Mr. McSparran replied that this could be a viable option but there would need to be education offered for Kent County residents if the biosolids are to stay in Kent County for local usage.


FORESTRY BOARD

A presentation of holiday trimmings for the Court House and the County Government Center was made by Whaland Clark, Chairman, Teri Batchelor, Holly and Mac McCoy, members representing Kent County Forestry Board. Ms. Batchelor indicated that the 4 foot wreath, to be displayed at the Courthouse; composed of douglas fir and white pine, was made by Mrs. Donna Simmons, wife of Forestry Board member Andy Simmons. Mrs. Holly Harris McCoy created a Maryland Crab wreath and 35 foot long garland of cedar, holly, pine, boxwood and magnolia decorated with oyster shells, etc. that will be displayed at the County Government Center. A similar wreath was designed for Governor Robert L. Ehrlich, Jr. and displayed at the State House in Annapolis.

The Commissioners offered their gratitude to the Forestry Board, Mr. and Mrs. Simmons, and Holly and Mac McCoy for their generous and creative holiday trimmings to the County.


HURRICANE ISABEL

Correspondence dated November 18 was received from Victor L. Hoskins, Secretary, Department of Housing and Community Development (DHCD) with attachment of a copy of the preliminary report on the Implementation of the Hurricane Isabel Relief Act (HIDRA) that was submitted September 30, 2004 to the Department of Legislative Services, and a summary of all Hurricane Isabel-related applications submitted by 15 counties through November 8, 2004.

Mr. Hoskins explained that DHCD anticipates that between $3.5 and $5 Million in additional funding will be needed to meet the demand, and therefore have made a budget amendment request which would seek to reallocate existing DHCD resources to distribute the funds.

The Application Status Summary indicates that Kent County has received a total of 9 applications: two of which received committed State loans; one of which is under construction review. Five applications were ineligible for State funding.


KENT MUSEUM

Jeff, Troester, Director of Parks and Recreation, Don Andersen, President of Kent Museum, Inc., and Bridget Cordesman, Volunteer Project Coordinator of the Turners Creek Granary Rehabilitation Project, appeared to review proposal previously submitted to the Commissioners.

Mr. Andersen informed the Commissioners that the Granary would not last much longer unless something is done to preserve it and the Granary is so rare that it could become a good tourist attraction. It is the last granary remaining on the Eastern Shore.

Ms. Cordesman advised of the many grant funding options she planned to explore for this project.

The Commissioners approved and signed Lease Agreement with Kent Museum, Inc. relating to the lease of the second floor apartment/office located in the building at Bayside Landing Park to be used by Bridget Cordesman, Volunteer Project Coordinator, who will be working on the Granary Rehabilitation Project for period from December 1 and terminating on November 30, 2005 for a rental fee of $1.00 per annum.


LEGISLATION

The Board agreed to invite the local legislators to meet with them on Tuesday, January 4, to review proposed legislative initiatives for the 2005 Legislative Session.


PERSONNEL

Court House Security Officers - A letter of commendation, dated December 2, of Phillip Price and Davida Hooker, Court House Security Officers, by J. Frederick Price, County Administrative Judge, was received, indicating that these officers have performed their duties in a professional and courteous manner since the system began operation in July, including effective and immediate response to a medical emergency involving a Court House employee.

Ms. Hooker and Mr. Price will be invited to appear before the Board for formal recognition.

Kent Soil and Conservation District - The Commissioners approved the request of Karen L. Miller, District Manager, Soil and Water Conservation District, to approve the District to employ a shared technician employee under contract which would be paid for by the County utilizing grant funds from the District until July 1, 2005.

This approval allows the District to interview local applicants and to hire an applicant for the position immediately. John Rhoderick, Maryland Department of Agriculture, informed Mrs. Miller that the County can transfer this position to the State at any time as long as the grant funds are still available.

Recognition - During the County Employee Holiday Party on December 3 at Black Eyed Susan's Restaurant the following were recognized for their milestone years of service:

For 5 years: Harry Rafine, Patricia Scott, John White Jr., W. Thomas Jewel, George (Marty) Davidson, Jeanne Edwards, John Edwards, Teresa Gsell, Ralph Shaw, Richard Strong, Barbara (Sue) Turner, James Kennard.

For 10 years: Anna Riggin, Charles Messer, Douglas Smith, Jack Canan.

For 15 years: Mark Dixon, Fred Beaver, Jr., Linda Stryholuk, Thomas Morris.

For 25 years: William Dempsey III and Diane Robinson.

For 35 years: Carter Stanton.

At 12:05 p.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 (a)(i)of the Annotated Code of Maryland.

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

The closed session adjourned at 12:15 p.m.

At 12:55 p.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 (a) (ii) of the Annotated Code of Maryland.

The closed session adjourned at 1:15 p.m.


PLANNING AND ZONING


Gail Owings appeared before the Commissioners to report that on December 15 at 7 pm at the Community Hall, Creamery Street, there will be a meeting regarding the proposed incorporation of Kennedyville.


PUBLIC LANDINGS AND FACILITIES

A Memorandum dated November 28 was received from Carter G. Stanton, Director of Public Works providing a report about the November 8 meeting of the Board of Public Landings and Facilities, noting the Board's unanimous approval of the following:

- that three-day permits were sufficient for vessels using the Long Cove ramp during the Rock Hall Regatta weekend and that no special arrangements need to be made;

- a landscaping plan for Bayside Landing Park to be implemented before the parking lot may be completed in the Spring 2005;

- to send a memo to the Parks and Recreation Director asking for a schedule and status of the project for Bayside Landing Park restroom rehabilitation.


REEDS MEADOW SUBDIVISION

At the recommendation of Gail Owings, Director of Planning and Zoning Administration, the Commissioners approved to accept an Irrevocable Letter of Credit from the Mercantile Eastern Shore Bank for the account of Churn Creek Land Associates to guarantee compliance to county ordinances as follows:

Utilities construction - $64,350;
Road construction - $112,085;
Stormwater management - $30,151.


SHERIFF'S OFFICE

Sheriff John Price appeared to recognize Deputies Tyrell M. White, William Dwyer, J. Corey Tosten, Steven M. Linz, and Benjamin B. Hicks for their outstanding performance through their daily duties as well as their exceptional effort to confiscate drugs and weapons.

Sheriff Price also recognized John Vail for volunteering two days a week since his retirement in January, 2004 and Lt. J. Brian Kirby for his outstanding leadership and dedication as an officer and Patrol Commander.

Commissioner Livie commended the officers on their excellence and for making the community safer and better on behalf of all the Commissioners and citizens.


SHORE EROSION CONTROL
TOLCHESTER ESTATES


Ed Robinson reported that formal petitions were received from Gregory Nicklas and Joni Herman, James L. and Diane G. MacNeal, John H. Carter and Julie Bondanza, Susan J. Peters and the Tolchester Community Association to establish a shore erosion control district in the Tolchester area. Mr. Robinson will forward this information on to the Department of Natural Resources to review the petition and determine the need and feasibility of providing shore erosion protection on these properties.


WORTON BUSINESS CENTER

P.A.M. Schaller, Director of Economic Development, Celester "Les" Hall, Deputy Assistant Secretary, Division of Financing, Programs, Department of Business and Economic Development (DBED), and Tammi Ledley, (DBED) Regional Development representative, appeared before the Commissioners to discuss the availability of Community Development Block Grant (CDBG) funding for the Worton Business Center.

Others in attendance were Jack Canan, HCD Director, and Jim Wright, County Engineer.

The Worton Business Center project has key components to be eligible for the federally funded CDBG program due to the infrastructure need and projection of job creation for low/moderate incomes.

In response to Commissioner Livie's question, Mr. Hall explained that 51% of the jobs created are based on low/moderate income.

Commissioner Pickrum questioned what would happen if the county did not reach that goal in the time allowed and Mr. Hall responded that there is an option to payback the grant, but that problem is very rare because of the close interaction between his office and the grantee. Mr. Hall also noted that expanding businesses are acceptable under this grant as well as new businesses.

Commissioner Livie asked about a time frame from application to the granting of the funds and Mr. Hall replied that the process would take 90 - 100 days.

Commissioner Livie inquired about possible reimbursement during the application process and Mr. Hall answered that only after certain requirements are completed may the county request reimbursement.

Commissioner Livie stated this project is a high priority to the Board of Commissioners and that the County will move forward with the project.

The Commissioners thanked Mr. Hall and Ms. Ledley for their time and information provided.



There being no further business to claim their attention, the Board adjourned to meet again on Tuesday, December 14, 2004, at 6:00 p.m. in the Commissioners' Hearing Room, 400 High Street, Chestertown.


THE COUNTY COMMISSIONERS
OF KENT COUNTY, MARYLAND


Janice F. Fletcher
Executive Assistant


Approved: William W. Pickrum, President




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