KENT COUNTY, MARYLAND

The Honorable Board of County Commissioners met today with the following present: Roy W. Crow and William W. Pickrum, presiding. Scott D. Livie was not in attendance due to personal reasons.

T. Edward Robinson, County Administrator, was also in attendance.

Minutes of the previous meeting were approved.

W. Roger Williams, Treasurer, reported a balance of $ 2,584,879.00.

BAYSIDE PUBLIC LANDING AND PARK

Carter Stanton, Director, Public Works, Rock Hall Mayor, Jay Jacobs, and Bob Gibson, Bayside Public Landing and Park charter boat slip holder, appeared to discuss parking at Bayside Public Landing and Park. Mr. Gibson reported that customers from his boat charter business received $100 parking fines when signs did not clearly delineate parking restrictions. He noted that customers arrive before dawn and the few signs that are posted are not clearly visible. Mr. Gibson advised that he was embarrassed by the fines and would be paying the fines for his customers.

Mayor Jacobs stated his opinion that $100 fine was excessive and did not promote good will to tourists and boat charter customers. He noted the seasonal chartering business brings approximately 200 visitors per day to the town. Mr. Stanton reported that the Public Landing and Facilities Board approves the parking and fines; he enforces the regulations. He advised of concern that patrons were parking in areas that blocked that launching ramp and noted that he had spoken to Mr. Gibson and other charter boat operators of parking issues. Mr. Stanton agreed that parking signs could be improved and intended to discuss the matter at the next Public Landings and Facilities Board. The Commissioners concurred that additional signs were needed and a motion was made by Commissioner Crow, seconded by Commissioner Pickrum and passed by the majority of the Board to waive the two $100 fines mentioned by Mr. Gibson.

Correspondence was received from Governor Robert Erhlich, Jr., advising of project approved for Bayside Public Landing and Park by the Maryland General Assembly to be funded by the Waterway Improvement Fund Grant. The approved project included reconfiguration of various pilings on the park side of the landing. A copy of this correspondence was forwarded to Carter Stanton, Director, Public Works, for completion of the application.

CODE HOME RULE BILL NO.4-2003

LAND USE ORDINANCE

The Commissioners requested the third reading of Code Home Rule Bill No 3 -2003 be postponed until the next legislative day, August 19.

CODE HOME RULE BILL NO.4-2003
2002 SUPPLEMENTS TO LOCAL LAW

Third reading was held on Code Home Rule Bill No. 4-2003, which is an Act to legalize the 2002 supplements to the Code of Public Local Laws of Kent County (1994 Edition) published under the direction of the Board of County Commissioners of Kent County and making provision for the publication, sale and distribution of the supplements.

Ballots were distributed for voting. Upon their return, both ballots were marked favorable for this legislative bill. The Commissioners approved this bill which will become effective September 19, 2003.

COUNTY COMMISSIONERS

As requested, County Department Heads appeared to review a power point presentation given by Commissioners Pickrum and Crow on goals established for the County. The Commissioners explained this is a working document and welcomed input and feedback before the presentation goes public. They also stated there needs to be a cooperative effort to achieve these goals.

DEPARTMENT OF WATER AND WASTEWATER SERVICES

Wayne Morris, Director, Department of Water and Wastewater Services, appeared to report on the following issues:

Fairlee Service Area - Mr. Morris reported that the wastewater line serving Caulk's Field Café was in need of replacement in the near future. Commissioner Crow inquired if there was a prioritized list of upcoming projects. Mr. Morris advised there were many projects and would list them in order of priority.

Piney Neck Service Area - Per Mr. Morris's recommendation, the Commissioners approved sewer allocations for Dr. Robert Abel, Jr., for his property located on Tax Map 51, Parcel 210 and for Allen Ferver, for his property located on Tax Map 51 parcel 148.

Millington Service Area - Mr. Morris forwarded a request via McCrone Engineering for a water and sewer allocation for the proposed Food Lion in the Millington area. Mr. Morris advised that the number of EDU's needed further review. Per Mr. Morris's recommendation, the Commissioners approved water and sewer allocations subject to final EDU requirements.

Relating to the Millington Sewer expansion, Mr. Morris reported of positive response received from all users with the exception of one and after many attempts to make contact, requested approval to have the property owner be responsible for entire hookup expenses since no response or cooperation was obtained. The Commissioners concurred.

General - Mr. Morris reported of correspondence received from Maryland Department of Environmental Training (MCET) advising that the financial evaluation and review of wastewater rates to be performed by MCET as part of Senate Bill 643, will commence May 2005. He advised that the rate study will include Tolchester, Worton, Kennedyville and Edesville facilities.

Mr. Morris reported of correspondence received from ARM Group, Inc., requesting consideration be given to accept/treat leachate from a proposed rubblefill to be located in Queen Anne's County. No action was taken on this matter at this time.

Mr. Morris advised that the 60 day trial period for the mission alarm product was near completion and requested approval to purchase alarms for the amount of $3,000.00. The Commissioners requested Mr. Morris purchase the equipment from the current budget for his department.

In response to request made for Mr. Morris to review properties acquired by the County via tax sale, Mr. Morris reported provided a memorandum commenting on each parcel as it may or may not have any benefits to the Department of Water and Wastewater Services.

DETENTION CENTER

HILLTOP TOWNHOUSE DEVELOPMENT

In follow-up from May 27, Phil Hoon, Esq., and Timothy Dills, representing Scarab Associates, appeared to further discuss the possibility of using the Detention Center stormwater pond for the moderate income housing project propose by Mr. Dills. Others in attendance were: Susanne Hayman, County Attorney, Warden Ronald Howell, Jim Wright, County Engineer, and Nancy Metcalf, Soil Conservationist. Mr. Dills advised that the project, located on the top of the hill near the Detention Center, will drain to the pond as a matter of course, however, he requested if he could use the pond, he will make all necessary improvements and landscaping. Mr. Dills reported that engineering information had progressed. Mr. Wright reported that he did not anticipate any engineering problems and noted that the plan should improve stormwater management in the area. Ms. Metcalf also confirmed that the proposal was satisfactory.

A motion was made by Commissioner Crow, seconded by Commissioner Pickrum and passed by the majority of the Board to accept the stormwater management pond at the Detention Center as proposed. Mr. Hoon advised that he would forward an agreement documenting the proposal and forward it to Ms. Hayman for review.

ECONOMIC DEVELOPMENT

At 2:20 p.m., a motion was made by Commissioner Crow, seconded by Commissioner Pickrum and passed by the majority of the Board to go into executive session with P.A.M. Schaller, Economic Development Director, and Tom Beckett, Chairman of the Economic Development Advisory Board, to discuss a proposal for a business to locate to Kent County.

The executive session adjourned at 3:00 p.m.

EMERGENCY MANAGEMENT

The Commissioners approved and signed a Memorandum of Agreement (MOA) between the Maryland Emergency Management Agency and Kent County acknowledging the funds awarded to Kent County in the amount of $139,089.43 from the U.S. Department of Homeland Security for FY 03. The funds are to increase response capabilities to a terrorist incident in the County.

Correspondence was received from Donald Keldsen, Director, Maryland Emergency Management Agency advising of the grant award in the amount of $30,000 for a multi-hazard mitigation plan.

EMERGENCY MEDICAL SERVICES

Correspondence was received from Richard McIntyre, Chief, and Patrick Powell, President, Community Fire Company Fire of Millington, support of mutual aid enjoyed by the citizens of Kent and Queen Anne's Counties of both Fire and Emergency Medical Services. Mutual aid responses ensure that emergency services are provided to all.

GAMING/RAFFLE PERMIT

The Commissioners approved a Raffle Permit for Party on the Bay to hold festivities on the Rock Hall Public Landing (bulkhead) on August 16.

LAMOTTE PARK STUDY COMMITTEE

At the recommendation of the Chestertown Mayor and Council, Jim Bristoll, Town Council member, was appointed to the LaMotte Park Study Committee. Joe Holt, representing Washington College, was also appointed to this Committee.

LEGAL COUNSEL

At 10:40 a.m., a motion was made by Commissioner Crow, seconded by Commissioner Pickrum and passed by the majority of the Board to go into executive session with M. Susanne Hayman, County Attorney, and Alexander P. Rasin, III, Co-counsel, for legal counsel in accordance with State Government Article, Section 10.508 of the Annotated Code of Maryland.

Items of discussion included potential land acquisition, CFF grant agreement and Land Use Ordinance Amendments.

The executive session adjourned at 11:10 a.m.

At 4:30 p.m., a motion was made by Commissioner Crow, seconded by Commissioner Livie and made unanimous by Commissioner Pickrum to go into executive session via conference call to discuss potential land acquisition in accordance with State Government Article, Section 10.508 of the Annotated Code of Maryland. Others in attendance were Susanne Hayman and Alexander P. Rasin, III, County Attorneys, the County Administrator and Executive Assistant.

The executive session adjourned at 5:00 p.m.

PERSONNEL

At 11:10 a.m., a motion was made by Commissioner Crow, seconded by Commissioner Pickrum and passed by the majority of the Board 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 executive session adjourned at 11:20 a.m.

SEDIMENT CONTROL

Per the recommendation of the Planning and Zoning Administration, correspondence went forth to the Water Management Administration, Maryland Department of the Environment, applying for delegation of the sediment and erosion control regulations to be enforced locally. As in previous years, the County enforces sediment control for the incorporated towns of Rock Hall, Millington, Galena and Betterton.

SHARED OPPORTUNITY SERVICES

The Commissioners approved and signed a Resolution for the Shared Opportunity Service, Inc., (SOS) - Kent Family Center, supporting the tax credit program which is to be submitted with next year's tax credit application.

SOLID WASTE

Correspondence was received from Congressman Wayne T. Gichrest providing information relating to addressing waste management in Maryland.

STATE'S ATTORNEY

The Commissioners approved and Commissioner Pickrum signed the Victims of Crime (VOCA) Grant application was approved and signed as prepared by Robert H. Strong, Jr., State's Attorney.

STORMWATER MANAGEMENT PLAN

Gail Owings, Director, Planning and Zoning Administration, forwarded the Stormwater Management Plan for review and approval. Mrs. Owings briefly reviewed the changes allowing standard stormwater management for small projects. Commissioner Pickrum requested a list of components (rain barrels, etc.) for stormwater management be included in the plan. A motion was made by Commissioner Crow, seconded by Commissioner Pickrum and passed by the majority of Board to approve the Standard Stormwater Plan as presented.

UPPER SHORE AGING

Correspondence was received from Carl Burke, Executive Director, Upper Shore Aging, requesting further discussion relating to the pledged match for $25,000 from Kent, Talbot and Caroline Counties.

ZONING VIOLATION
NUISANCE ORDINANCE

Constance Berg, Georgetown, appeared to report of a zoning violation in the Georgetown area. Gail Owings, Director, Planning and Zoning Administration, and Susanne Hayman, County Attorney, were also in attendance. Mrs. Berg requested assistance in addressing the matter. Mrs. Berg advised that a property owner was renting out homes in the single family residence zoned area. She also noted that boats slips were being rented with no rest room facilities and expressed concern that wastewater was entering the Sassafras River. Mrs. Berg advised that the matter had been addressed in Court, however, she felt without the daily fine being imposed the violations would remain.

Mrs. Owing reported that the Critical Area Commission was initiating legislation to increase the fine for violations such as these. Mrs. Owings confirmed that the judicial system does not impose the $500 daily fine and advised that she would discuss the matter with the Planning Commission attorney as well as Rick Myers, Enforcement Officer. Mrs. Owings noted that enforcing on a daily basis requires extensive staff resources. Commissioner Crow stated the Board's goals to strengthen the enforcement procedures with a more unified strategy. Commissioner Pickrum suggested the Department of Natural Resources be advised of the violations and requested the zoning violations be placed on the agenda for legislative review.

Rex Kershaw, Rock Hall, appeared to express concern that zoning and nuisance violations relating to the Ashley case were not addressed in a timely fashion. Gail Owings, Director, Planning and Zoning Administration, and Susanne Hayman, County Attorney, were also in attendance. He stated his opinion that the judicial system did not impose an expedient remedy and requested a public meeting to address zoning violations.

Ms. Hayman provided the status of litigation in enforcing the zoning/nuisance ordinance and noted that Mr. Ashley was held in contempt of court. She reported that nothing could be done about the judge's decisions concerning Mr. Ashley's boat other than appeal to Circuit Court which would not be expedient.

Commissioner Crow reiterated the Board's intent to further the communication and policy for a more effective nuisance/zoning ordinance enforcement.

Ms. Hayman forwarded a memorandum providing information on nuisance abatement, including background information as well as the difficulties encountered during court proceedings.

There being no further business to claim their attention, the Board adjourned to meet again on Tuesday, August 12, 2003.

Please contact Joyce Laskey or Janice Fletcher at (410) 778-7435 or by e-mail with any questions or comments.