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PUBLIC HEARING - August 16, 2011


August 16, 2011

A public hearing was held today at 6:30 p.m. in the County Commissioners’ Hearing Room, County Government Center, 400 High Street, Chestertown, MD, for the purpose of discussing the proposed development Rights and Responsibilities Agreement for the Kent Recycling and Land Reclamation, L.L.C. proposal to the County for a rubble fill project.

County Commissioners, Ronald Fithian, William Pickrum, and Alexander Rasin were in attendance as well as Susanne Hayman, County Administrator.

Marty Holden, Waste Management Chief, Wayne Morris, Director, Public Works, Tom Yeager, County Attorney, Bernadette Van Pelt, Director, Tourism and Economic Development, and Gail Owings, Director, Planning, Zoning and Housing were also in attendance.

Commissioner Fithian read into record the notice of public hearing and the procedures for testifying.

Wm Roger Truitt, Attorney, DLA Piper US LLP, Larry Hosmer, Consultant, Environmental Resources Management, Inc., and Dave Sobers, Consultant, for DLA Piper, were in attendance to advise the county.

C. Daniel Saunders introduced members of the applicant’s team. Mr. Saunders and Tina Landskroener are counsel for the developer/applicant. He introduced Terri C. Phillips, P.G., Associate & Senior Consultant, Golder Associates, Inc., Peter Johnston, Peter Johnston & Associates, LLC, Todd Harman, President, Hallaton Inc., and Principals of Kent Recycling & Land Reclamation, L.L.C., Philip Auld, Mike Ensor, Donald Pleasants, Jack Kibblehouse and John Haines.

Mr. Saunders spoke on the nature of a DRRA and why one was submitted to the county. A DRRA is a mechanism enabled by statute in Article 66b, and a DRRA can only be entered into by government entities like Kent County that have adopted enabling legislation. The purpose is to give developers contemplating very large scale projects that have large infrastructure and large up front investments, the assurances that in the midst of a project the County cannot change its local land use regulations to the detriment of the developer.

Ms. Phillips gave a power point presentation on the proposed project. The presentation consisted of introductions, and a description of the proposed facility including the two components of recycling and reuse, and land reclamation and a summary of benefits to the County.

Commissioner Fithian read into record the letter provided by the Planning Commission and a report provided by Bernadette Van Pelt, Director, Office of Tourism and Economic Development, dated August 12, 2011.

There were approximately 125 people in attendance and 29 people signed the testimony log to speak, the following people spoke:

Jamie Brunkow
Ronnie Diamond
Joe Haran
John Massey
Wayne Gilchrest
Fred Kirchner
Ted Casshi
Carl Ewing
Lynne McEwing
Delegate, Michael D. Smigiel, Sr.
Jay Falstad
Anthony Johnson
Bryan Matthews
John Burke
Elizabeth Barbe
Bill Short
Herman Hill
Heather Dann
Robert Dann
Chuck Collins
Ellyn Vail

Everyone who spoke, voiced opposition to the project, all pertaining to environment, aesthetics, and property values.

The Commissioners unanimously approved extending the comment period from August 19, 2011 at 10:00 a.m. to August 26, 2011 at 10:00 a.m.

This hearing was taped for reference and adjourned at 8:40 p.m.

Respectfully Submitted,

Sondra M. Blackiston, Clerk
Ronald H. Fithian, President
The County Commissioners
of Kent County, Maryland