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The Honorable Board of County Commissioners met today with
the following present: Roy W. Crow, Scott D. Livie, and William W. Pickrum,
presiding.
T. Edward Robinson, County Administrator, was also in attendance.
Minutes of the previous meeting were approved.
W. Roger Williams, Treasurer, reported a balance of $8,294,872.00.
AGRICULTURAL LAND PRESERVATION
Mrs. Owings, Director of the Planning and Zoning Administration, appeared
and reported that she attended a seminar at The Center for Agro-Ecology
on December 1st, noting a presentation made about the impact of down-zoning
on properties. Mrs. Owings indicated that there is in fact an impact,
and that the report based on the presentation is forth coming. Another
presentation that was made focused on ways in which local governments
can encourage voluntary home-preservation among its citizens.
A motion was made by Commissioner Crow, seconded by Commissioner Pickrum
and passed by the majority of the Board to approve the application filed
by Edwin and Lorraine Fry to create an agricultural land preservation
district on their 404-acre parcel, located on Augustine Herman Highway
in the Third Election District. Commissioner Livie opposed this motion
based on his interest to meet with the Fry's to make one more attempt
to seek their interest in the sale of their property for the use of a
County airport; if not, he would then support approval of their application
for agricultural land preservation district.
AIRPORT
Thomas K. Beckett, Sr., Chairman of the Airport Study Committee, appeared
for submission and presentation of the Committee's Final Report. Present
also with Mr. Beckett, were the following members of the Committee: P.A.M.
Schaller, Facilitator, Bill Knepshield, J. Tyler Campbell, John Caputo,
Larry Cox, James F. Douglass, George E. McLaughlin, and Judge H. Thomas
Sisk.
Mr. Beckett began his presentation by stating a request on behalf of the
Study Committee: that the statement prepared and made by Tyler Campbell
at the Public Hearing on November 18, 2003 concerning the application
submitted by Edwin and Lorraine Fry for an agricultural land preservation
district be recognized as that representing himself and not the Airport
Study Committee.
Mr. Beckett also prefaced his presentation by stating that all but one
of the Study Committee members have signed the Airport Study Report. The
Study Committee Report begins with this statement of Mission: "Assess
the feasibility of a public/private airport in Kent County. Should the
committee conclude that an airport is desirable, the recommendation to
the Board of County Commissioners is to include appropriate size, scope,
and general location."
The Report indicates a total of 11 Committee meetings which took place
between July 28ththrough November 21, 2003, including meetings with the
following: Gail Owings, Director, Planning and Zoning, owners and managers
of area airports, Bruce Mundie, Director, Regional Aviation Assistance
of the Maryland Aviation Administration (MAA), Terry Page, Manager, Washington
Airports District Office, and others. The following are the conclusions
reached by the Airport Study Committee:
- It is the Committee's opinion that an airport is a feasible option for
the County based on its cost to the County and the probability of a high
return on that investment in terms of economic enhancement. The airport
will also benefit local businesses, aviators who need convenient access
to general aviation facilities and other people who choose to use general
aviation services. The airport will attract visitors and business-related
flight activities, and should enhance the value of Kent County as a relocation
site for some businesses. The airport is consistent with the goals of
the Kent County Comprehensive Plan, zoning regulations and the Kent County
Economic Improvement Plan.
- Once the airport is in operation, private funding should be obtainable
to support some airport operations and reduce the risk of financial loss
to the County. However, the Committee was not able to demonstrate the
feasibility of attracting private investors to fund the capital costs
of acquiring land and building the airport.
- The preferred location for the Kent County Airport is near the geographical
center of the County where it will be convenient to all residents and
businesses in the County. The airport should be located in an area convenient
to nearby zoning for the Business Park and light industrial development
and have access to existing or planned public sewer and water service.
The airport needs to be located within five miles of a fire station.
- It was recommended that an airport be constructed with a minimum runway
length of 4,200 feet at a site that will allow for a future expansion.
- It was also recommended that the Commissioners immediately establish
an independent Airport Authority with appropriate oversight responsibilities
and accountable to the Commissioners. This Authority should review all
the current data on this project and make a determination as to the appropriate
site for the new Kent County Airport and report this to the Commissioners.
- If the Board of Commissioners decides to pursue an airport as recommended
by this Committee, the Committee believes that the Commissioners should
approve a plan to provide immediate and sustained communications with
the County residents to build a strong understanding and appreciation
of the role and value of the airport as an economic asset.
Mr. Beckett continued with the following discussion based on the Study
Committee's conclusions:
- The justification for the airport is its economic benefit to the County.
The recommendations of the Study Committee reflect the conclusion of the
majority of its members that the economic benefits of an airport are likely
to far exceed the cost to the County.
Beginning with information submitted by Wilbur Smith Associates in 2001
for the Worton site, the Study Committee developed an estimate of the
cost of starting over with a new site for the airport. The Study Committee
estimated that the total cost to the County for an airport on a new site
would be approximately $1.3 Million spread over a 6 to 10 year period.
This assumes a cost of $1.762 Million to purchase a 150 acre site and
related easements and approval of the Federal Aviation Administration
(FAA) reimbursement. The plan also assumes that Maryland Aviation Administration
(MAA) will not match 50% of Kent County's costs for non AIP-eligible expenses
(e.g. airplane terminal, hangars, etc. - items not considered a requirement
for safety) of $835,000.
The estimate further assumes that the new site would qualify for reimbursement
of 90% of the costs of the Environmental Assessment and wildlife hazard
assessment. According to Mr. Page (Washington Airports District Office),
the FAA will fund these expenses after approval of the airport site, master
plan and land acquisition.
In return for the investment of $1.3 Million, the County should expect
to achieve an economic benefit of an average of $1,375,000 for each of
the first five years of airport operations. This economic impact will
increase to almost $4 Million per year by the 20th year of airport operations,
according to estimates recently updated from the 1994 Master Plan prepared
by Wilbur Smith Associates.
Mr. Beckett advised that the County tourism industry is estimated to contribute
approximately $32 Million in revenues to the County economy each year,
and farming about $60 Million. For a $1.3 Million long-term investment,
the County economy would achieve an annual return of over $ 1 Million
initially and as high as $ 4 Million in 20 years, thereby creating from
15 to 50 direct, indirect, and induced new jobs (jobs created and/or influenced
by employment at the airport). From an economic point of view, Mr. Beckett
reported that the Study Committee believes that an airport in the County
is a worthwhile investment.
The discussion continued with the advisement that attracting private funding
for an airport would be of limited feasibility. FAA funding for publically
owned airports is provided through federal taxes on airline ticket sales
and aviation fuel and is distributed by FAA to facilitate the construction
and maintenance of safe aviation facilities for public use. The FAA will
not fund any airport unless it is built on land owned by a public entity.
MAA is limited for privately owned airports, if available at all.
Mr. Beckett addressed the issue of runway length: that it would be important
to assure the safety and economic viability of airport operations. The
Study Committee recommended that a runway be of a minimum 4,200 feet,
and at a site suitable for future expansion.
The final discussion on the Airport Study Report conducted by Mr. Beckett
cited the importance of beginning a prompt and sustained process of informing
the citizenry about the benefits and advantages of having an airport.
He advised that this program be one that is embraced by the Commissioners
and the business community and made available to all organizations and
individuals within the County. Businesses should understand the value
derived from bringing new opportunities to the County, and the program
should be a cooperative effort between a newly established Airport Authority,
the Economic Development office and others as deemed necessary by the
Board of Commissioners.
Commissioner Pickrum inquired as to the feasibility of establishing a
transportation authority instead of an airport authority, for example
an authority that would include representation of the bus system as well.
Mr. Beckett responded that a transportation authority might be feasible
so long as it would not have the effect of diffusing the airport system.
Commissioner Livie thanked the Study Committee for their efforts and the
time spent towards preparing the study; that it was no small task. He
added that the greater task will be to move forward, taking the Study
Committee's presentation throughout the County. He further encouraged
the presentation to be made promptly, given that public support for an
airport in the County could erode quickly and diffuse the investment of
time and research of the Study Committee.
Commissioner Crow concurred, stating that the Study Committee's report
is concise and thorough. All the Commissioners extended their appreciation
for the time and effort of the Study Committee and for their report. Commissioner
Pickrum then opened the floor to discussion for all present.
To questions raised concerning the projected benefit of the airport as
an economic enhancement for the County, Mr. Beckett indicated that the
airport should not be seen as the cure-all for the County's economic needs;
it could be expected to be one enhancement in addition to others, for
example, a golf course. Mr. Beckett added that the County itself is the
only entity that can qualify for FAA funding; no private individual or
organization would be eligible.
A motion was made by Commissioner Crow and seconded by Commissioner Pickrum
to re-open discussion on the application of Edwin and Lorraine Fry to
create an agricultural land preservation district on their 404-acre parcel,
located on Augustine Herman Highway in the Third Election District.
James F. Douglass, a member of the Airport Study Committee, read a letter
into the record, identifying himself as a pilot and airport manager and
owner. He recognized that there is a minority group represented on the
Study Committee who would prefer to wait until a larger site than the
Fry's property could be obtained, further adding that some members of
the Study Committee are reluctant to re-consider the Fry property issue.
Mr. Douglass stated his belief that a plan to construct an airport on
the Fry property, other than some other site, would not only be in the
Fry's best interest but also in the County's best interest. His reasons
were given as follows: the special value of the MAA grant vis-a-vis the
Fry property, the civic-mindedness of the Fry family, and the economic
enhancements and incentives as reported by the Study Committee. He advised
that the MAA grant would dramatically reduce the County's costs for an
airport; the $1.5 Million grant will expire at the end of 2003.
Commissioner Livie raised a question, expressed by many others, as to
whether or not there is merit for the Commissioners to meet with the Fry's
with the purpose of presenting to them the report of Study Committee.
In response to this question, the opinion was shared by a number of people
present that, with all due respect to the Study Committee and the time
and effort they put towards their report, the report should be presented
to the Fry's for their consideration and review.
Commissioner Livie asked if there was a consensus among the Study Committee
members that the Commissioners should return to the Fry's with the Study
Committee's report, to which John Caputo responded that the Study Committee
would not presume to put the Board of Commissioners in that position.
Mr. Caputo emphasized that the only expectation of the Study Committee
for the Commissioners is that they will conduct the County's business
in the best interest of the County.
Commissioner Pickrum reiterated a number of times his belief that the
County must respect private property ownership; that it represents one
of the founding principles of the country. He continued by stating that
the Fry's have made their decision: to create an agricultural land preservation
district on their property and, therefore, that decision should be respected
by the County without any further discussion or request for their re-consideration.
Commissioner Crow stated that the entire Board of Commissioners advocate
an airport in the County; however, speaking on behalf of himself, he was
adamant that the decision of the Fry's as property owners is a priority
and must be respected. Commissioner Pickrum expressed his belief that
subsequent, alternative sites for an airport may be difficult to acquire,
but emphasized that there will be alternatives to consider.
James Douglass and several others present expressed their concern that
should the Fry's property be eliminated as an option, the County would
lose all potential FAA reimbursement. They referred to a letter written
by Terry J. Page, Manager, Washington Airports District Office, in which
Mr. Page indicated the "FAA concerns are that any other sites chosen in
the County may ultimately require condemnation..." and that "the Worton
site (Fry's property) could satisfy the aviation needs identified in earlier
studies, and that significant investment has been made in the site selection,
environmental analysis, and planning for the current site."
Commissioner Pickrum responded to the concern by, once again, emphasizing
that there are other options other than the Fry's property and that he,
therefore, disagrees with the urgency expressed by Mr. Page in his letter.
Commissioner Livie expressed his opinion that the County should present
the report of the Study Committee to the Fry's one more time, that the
County's owes it to the Fry's and to the County. He referred to the fact
that the information that was originally presented to the Fry's was erroneous
and that the current report is accurate.
Commissioner Pickrum stated that he would not hold the Fry's "hostage"
until they see the presentation of the current report, indicating that
this approach did not represent good public policy. Commissioner Livie
stated that the County would be asking the Fry's to delay their decision
for a week or two, disagreeing with Commissioner Pickrum's opinion, and
asked for the vote to be called.
A motion was made by Commissioner Crow, seconded by Commissioner Pickrum
and passed by the majority of the Board to approve the application filed
by Edwin and Lorraine Fry to create an agricultural land preservation
district on their 404-acre parcel, located on Augustine Herman Highway
in the Third Election District. Commissioner Livie opposed this motion
based on his interest to meet with the Fry's to make one more attempt
to seek their interest in the sale of their property for the use of a
County airport; if not, he would then support the approval of their application
for agricultural land preservation district.
BOARD OF EDUCATION (BOE)
The Commissioners received correspondence from Bonnie C. Ward, Superintendent
of Schools, with the intent to inform of the status of the renovation
plans for Kent County High School. Dr. Ward indicated that the BOE recently
received information that the Interagency Committee on School Construction
(IAC) is recommending the BOE's Phase I project for KCHS. The total request
was $1,110,000 (State share of $555,000 and local share of $555,000).
The Board of Public Works will announce the approved projects in February,
2004.
BOARD OF ELECTION SUPERVISORS
The Commissioners and County Administrator attended luncheon and tour
of the new offices of the Board of Election Supervisors at 135 Dixon Drive,
Chestertown.
CHESAPEAKE MARINE TRADES CAREER SCHOOL
A reception was held on December 1, hosted by the Commissioners and the
Economic Development Office, to launch the Chesapeake Marine Trades Career
School. In follow-up, it was suggested that one-to-one meetings should
take place between marine owners and County representatives to assist
with communicating information about the school and to encourage the interest
of marine owners.
CODE HOME RULE BORROWING AUTHORITY
First reading was held on Code Home Rule Bill No. 6-2003 which is an Act
to add a Section 3-9.1 to Chapter 3, Administration of Government, of
the Code of Public Local Laws of Kent County, Maryland to authorize and
empower the County Commissioners of Kent County, from time to time, to
borrow not more than Ten Million Dollars ($10,000.00) for the public purposes
of financing or refinancing general operating expenses or capital improvements,
all as more particularly described herein, and to evidence such borrowing
by the issuance and sale at public or private sale, upon its full faith
and credit, of one or more series of its general obligation bonds in like
par amount, empowering and directing the County Commissioners of Kent
County to adopt a resolution in accordance with Section 15(4) of Article
25B of the Annotated Code of Maryland, as amended from time to time, prior
to issuing all or any part of the bonds; empowering and directing the
County to levy ad valorem taxes in rate and amount sufficient to provide
funds for the payment of the maturing principal of and interest on the
bonds and pledging the County's full faith and credit and unlimited taxing
power; exempting the bonds from the provisions of Sections 9 to 11, inclusive
, of Article 31 of the Annotated Code of Maryland; authorizing the issuance
of refunding bonds; expressing official intent to issue bonds to finance
the acquisition of the LaMotte property; and relating generally to the
issuance and sale of such bonds.
Public hearing has been scheduled for December 16 at 9:30 a.m. in the
County Commissioners Hearing Room, Chestertown.
DEPARTMENT OF WATER AND WASTE WATER SERVICES
Wayne Morris, Director of the Department of Water and Waste Water Services,
appeared and gave a report on the following:
Tolchester Service Area
- After further review of request submitted, the Commissioners approved
application submitted by Susan Barnhardt for a sewer allocation.
- Mr. Morris indicated that he received a request for a sewer allocation
from Robert W. Burrow regarding Parcel # 664 on Texas Avenue in Tolchester.
Commissioner Livie advised that no further consideration be given to allocation
requests until the Commissioners establish a policy to govern these considerations
and decision-making. Mr. Morris concurred with this action. Susanne Hayman,
County Attorney, recommended postponement of all considerations and decisions
for one week to effect the appropriate moratorium. Ms. Hayman will draft
a resolution for the Commissioners' consideration.
Discussion took place which reiterated the Commissioners' intention to
concentrate construction growth around existing sewer systems and not
to commence construction where systems do not exist. There are five allocations
that remain available that were projected in the growth plan submitted
to the State. Commissioner Pickrum underscored that this limit reflects
this plan and is not related to an issue of capacity. Commissioner Crow
concurred, indicating that the County encourages growth around existing
infrastructure.
Edesville Service Area - regarding the request for a sewer and
water allocation from William M. Crowding, Registered Surveyor, on behalf
of Robert F. Miller, owner of Parcel # 23, Map 46, Grid 4c, which was
tabled at the last Commissioners' meeting. Mr. Morris made the following
clarification as requested by the Commissioners: this allocation request
is, in fact, specific solely to Mr. Miller's interest in relocating to
the said parcel from his current residence in Rock Hall and does not represent
a first phase of Mr. Crowding's projected plans to develop the surrounding
area.
A motion was made by Commissioner Crow, seconded by Commissioner Livie,
and made unanimous by Commissioner Pickrum to approve a sewer and water
allocation for William M. Crowding, on behalf of Robert F. Miller, for
Parcel # 23.
GAMING/RAFFLE PERMIT
The Commissioner approved a Raffle Permit for the Millington Lions Club
to sell raffle tickets and conduct a drawing which will take place during
their fund-raising event from December 2, 2003 through January 28, 2004.
The drawing will take place at their meeting at the Howard Johnson Restaurant
in Millington on January 28, 2004.
HERITAGE PRESERVATION ADVISORY COMMITTEE
Gail Owings, Director, Planning and Zoning, and Carla Martin, Community
Planner, appeared and conveyed the following information:
- In January 2002, the County received a Preservation Incentives for Local
Governments (PILG) Grant. The PILG Program is an initiative of the Maryland
Historical Trust that assists local governments in developing or expanding
their heritage preservation programs.
- One requirement of the grant was the establishment of a Heritage Advisory
Committee.
- The Committee must have at least five members and one must be a local
elected official.
Ms. Martin reports that, due to a resignation of one member of the Committee,
the Commissioners may appoint a new member. She further indicated that
an elected official is needed to be appointed and can, but need not be,
a County Commissioner. The primary task of the Advisory Committee is to
prepare a Heritage Resource Survey and Evaluation Plan for all heritage
resource types.
The Commissioners concurred that postcards be sent to all elected officials
in the County to query their interest in serving on the Advisory Committee.
HURRICANE ISABEL
Carter Stanton, Director, Public Works, appeared and gave a follow-up
report on the following:
- There was more damage found on the Fairlee Creek pier than in the original
assessment, the repair costs estimated at $3,000 to $5,000.
- He would be able to present three quotes to repair the damaged bulkhead
at the next Commissioners' meeting.
- That, although not a result of the Hurricane, he has learned that the
Maryland Department of the Environment requires from the County a permit
to complete some of the necessary repairs on Bayside Landing: to remove
the pilings, to take out the slips and re-align them, and to notify the
adjacent neighbors prior to the start of the repair work.
LAMOTTE PROPERTY
It was reported that field inspection work has begun by Michael A. Scott,
Inc. on this property.
LAND USE ORDINANCE
NUISANCE ORDINANCE
Commissioner Crow inquired as to the progress of enforcement of Nuisance/Land
Use Ordinances in the 6th Election District, to which Mrs. Owings indicated
that there are currently two violations which are to be addressed in court.
LEGAL COUNSEL
At 12:00 noon, a motion was made by Commissioner Crow, seconded by Commissioner
Livie and made unanimous by Commissioner Pickrum to go into executive
session with Susanne Hayman, County Attorney, for legal counsel in accordance
with State Government Article, Section 10.508 of the Annotated Code of
Maryland. Charles Sommers and Jim Wright were also in attendance.
Items of discussion included board appointment and Worton Business Park.
The executive session adjourned at 12:20 p.m.
At 1:15 p.m., a motion was made by Commissioner Crow, seconded by Commissioner
Livie and made unanimous by Commissioner Pickrum to go into executive
session with Susanne Hayman, County Attorney, for legal counsel in accordance
with State Government Article, Section 10.508 of the Annotated Code of
Maryland.
Items of discussion included Tolchester growth issues.
The executive session adjourned at 1:30 p.m.
MARYLAND ENVIRONMENT TRUST
Correspondence was received from John Bernstein, Director, Maryland Environmental
Trust (MET) advising of the proposal of Matt and Anne Weir (Boo, LLC)
to donate a perpetual conervation easement on approximately 1,038 Acres
in Kent County to the MET and the Eastern Shore Land Conservancy, Inc.(ESLC).
MARYLAND ROUTE 291
Correspondence was received from Richard K. Lindsay, District Engineer,
State Highway Administration (SHA), in which he recommended that, based
on a comparison of the collected data at the site to guidelines used within
the State and across the country which acknowledge conditions requiring
additional traffic controls, an emergency traffic signal at MD Route #
291 at the entrance to the Kent and Queen Anne's Rescue Squad is not justified
at this time. The SHA will contact the Chestertown Police Department and
the Maryland State Police to conduct enforcement in the area to insure
compliance with the speed limit. The SHA will also replace the existing
warning sign with a sign that has a more conspicuous color to alert motorists
of the driveway to the Rescue Squad. Further, the SHA will continue to
monitor the intersection in order to determine if and when conditions
change.
PERSONNEL
At 12:20 p.m., a motion was made by Commissioner Crow, seconded by Commissioner
Livie and made unanimous by Commissioner Pickrum to go into executive
session with Susanne Hayman, Human Resoures Director, for legal counsel
in accordance with State Government Article, Section 10.508 of the Annotated
Code of Maryland.
Pat Merritt, Director of Budget and Accounting, was also in attendance.
The executive session adjourned at 1:15 p.m.
SEDIMENT CONTROL
At the recommendation of Gail Owings, Director of the Planning and Zoning
Administration, the Board approved release of Irrevocable Letters of Credit
from the Peoples Bank of Kent County for the account of Petroleum Equipment
a.k.a Poore's Propane in consideration of compliance to County regulations
for burying propane tanks.
SHERIFF'S OFFICE
The Commissioners signed and sent forth a letter extending their congratulations
to the Sheriff John F. Price, the Sheriff's Department, and to John Vail,
Assistant to the County Administrator (and an employee of the Justice
Management Division serving the County, assigned to the Sheriff's Office),
for having achieved accreditation as a CALEA (Commission on Accreditation
for Law Enforcement Agencies) agency.
SOLID WASTE MANAGEMENT
A copy of correspondence was received from Jonas A. Jacobson, Director,
Waste Management Administration, Maryland Department of the Environment,
inviting "Directors of Public Works/Environmental Resources" to a meeting
at which the Waste Management Administration will explain the need for
the following proposals, seeking the input of those in attendance: The
Waste Management Administration is considering a legislative proposal
that would allow them to charge permitting and operating fees to support
solid waste permitting, compliance, and monitoring activities only.
Also noted was the fact that unlike its neighboring states, Maryland's
Solid Waste Program does not charge any fees and is completely dependent
upon general funds. The current lack of funds is expected to worsen. The
meeting was scheduled to take place on December 12, 2003. Carter Stanton,
Public Works Director, and Marty Holden, Waste Management Coordinator,
will plan to attend.
WORTON BUSINESS PARK
Request for Proposals (RFP) were accepted by Jim Wright, County Engineer,
on November 14 for engineering and surveying services for the Worton Business
Park. Proposals submitted by Michael A. Scott, Inc. and McCrone, Inc.
were provided to the Board for review and discussion. As recommended by
Mr. Wright, the Commissioners approved to accept proposal from McCrone,
Inc., which was the most cost effective. The scope of work will be performed
for the estimated fee of $16,465 which includes topographical survey and
outline survey, final subdivision plat and staking of boundary corners
plus hourly rate fee. This expenditure will be funded out of the Fiscal
Year 2003 Economic Development budget.
There being no further business to claim their attention, the Board adjourned
to meet again on Tuesday, December 9, 2003.
THE COUNTY COMMISSIONERS
OF KENT COUNTY, MARYLAND
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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