November 13, 2009, Chestertown, Maryland

KENT COUNTY, MARYLAND ITEMS OF INTEREST (From October 6, 2009 approved minutes of the Kent County Board of Commissioners)

FINANCE
Memorandum dated September 30 was received from Pat Merritt, Chief Finance Officer, attaching information regarding the first FY2010 income tax distribution from the State to the Counties. This distribution reflects revenue attributable to tax year 2008 claimed on returns processed between July 1, 2009 and September 1, 2009. This distribution to the counties is down 38% from last year, and Kent County is one of nine counties whose payment was $0. The State attributes this decrease to the recession and a spike in tax year 2007 returns due to the federal stimulus program. The September payment is $240,000 less than the budget and $270,000 less than what was received last year.

Sludge Application- Commissioner Crow stated that Synagro Central, LLC is very active in recruiting local farmers, and suggested that greater education be provided by the Extension Office to the farmers regarding their rights involving the spread of sewage sludge. He stated that farmers need to be made aware that once sludge has been approved to be spread on their properties, they have the right to request information related to where the sludge came from and how it is being applied. He added that although sewage sludge may be inexpensive fertilizer, farmers need to be made aware of the long term effects to their farms. Mr. Hall agreed with Commissioner Crow. Commissioner Crow stated that Rick Myers, Chief Enforcement Operator, could be a valuable resource in this effort. Commissioner Pickrum suggested he also include Cecil and Queen Anne’s counties in this educational program.

DEPARTMENT OF WATER AND WASTEWATER SERVICES
Karl Weed, Deputy Director, appeared to discuss the following items:

Worton Service Area- Correspondence was received from Wayne Morris, DWW Director, informing that the Department of Water and Wastewater Services has applied for a Permit to Appropriate and Use Waters of the State Number KE1979G105/03, which seeks to increase an existing appropriation from an annual average of 71,000 gallons of water per day and a maximum daily withdrawal of 112,000 gallons to an annual average of 165 gpd and 231,000 for the month of maximum use. The water will be withdrawn from two wells in the Magothy Aquifer and used for a municipal supply for the town of Worton. The project is located at 10837 Worton Road, Worton.

Comprehensive Water and Sewerage Plan- In follow up public hearing held on September 29, comments were received from Tom Leigh, Chester Riverkeeper, representing the Chester River Association, and Kascie Herron, Sassafras Riverkeeper, representing the Sassafras River Association.

John Leocha, Maryland Department of Planning, appeared and expressed concerns relating to language used in Section 1.4.6-b.1 of the Denied Access Facilities section of the proposed update of the Comprehensive Water and Sewerage Plan as follows:

The allocated is for an improved legal lot of record that existed prior to the County adoption of the denied access line in the Water and Sewer Plan, and the Local health department has certified that the septic system is failing and cannot be corrected on site, or the connection is to an unimproved lot of record that can pass on- site well and septic requirements.

Specifically, Mr. Leocha expressed concerns with the portion of the section that reads “…or the connection is to an unimproved lot of record that can pass on-site well and septic requirements.” Mr. Leocha stated that the premise of the language makes sense environmentally; however, it may create problems in the future regarding use of denied access lines and State PFA funding regulations. He also stated that this language is not compatible with limitations for Priority Funding Area (PFA) law and that he is concerned about inconsistent development and subdivision. Commissioner Crow questioned whether MDP would support legislation to allow unimproved lots to be serviced by denied access lines if the line passes the property. Mr. Leocha stated that although he cannot speak on behalf of the Department, he does not see why it would
not be supported. He stated that PFA law states that sites with existing problems can be served by the denied access lines. Commissioner Fithian expressed concerns that the language used in the plan was previously discussed with Secretary Richard Hall and other MDP officials as well as the local delegation and that Secretary Hall approved the language at that time. Commissioner Fithian questioned why it is now being challenged. It was noted that some of the MDP officials have now retired and issues are being addressed differently. Commissioner Crow commented that it is unfair for the State to assume that PFA matters are “one size fits all.” He questioned if Mr. Leocha would support legislation to have the law changed. He also stated that this issue had been discussed with Governor O’Malley in June, 2008. He stated that the MDP will need to start making exceptions for smaller populated counties or they could be driven to bankruptcy because service will not be provided to existing homes with failing systems that are close to a line. Mr. Loacha stated that the language is not in violation at this point, but reiterated that at some point it could equate to violations and fines. He also noted that the MDP does not have any approval authority but has a problem with picking up properties to add to the public system after the project is completed. He will provide Ms. Hayman with a copy of the COMAR- Procurement Law. The existing language as proposed will make it difficult for MDE to approve. A system can only be added once it has been identified as failing. Ms. Owings reminded Mr. Leocha that Kent County has a 1-30 land use law which is far stricter than most counties.

In follow up to public hearing held on September 29, no action was taken on the proposed update to the Comprehensive Water and Sewerage Plan at this time.

COMMUNITY CENTER
Electronic correspondence dated September 30 was received from Candy Edwards, Executive Director, Local Management Board, informing that funding approval has been received from the Governor’s Office for Children for $100,000 for outfitting and up to $20,000 for two promotional events for the Community Center.