November 15, 2009, Chestertown, Maryland

ON THE RECORD (From October 13, 2009 approved minutes of the Kent County Board of Commissioners):

CITIZEN APPOINTMENTS by the Kent County Commissioners:
AGRICULTURAL ADVISORY COMMISSION
The Commissioners approved reappointment of David Hill as a member of the Agricultural Advisory Commission for a three year ending September 18, 2012.

AGRICULTURAL RESOLUTION BOARD
The Commissioners approved reappointment of R. Allen Davis and William Washington as members of the Agricultural Resolution Board for a three year term ending November 4, 2012.

BOARD OF HOUSING APPEALS
The Commissioners approved reappointment of Nancy Dick and Janice Graham as members and Peter Newlin as alternate member of the Board of Housing Appeals for a three year term ending September 6, 2012.


ON THE RECORD (From October 13, 2009 approved minutes of the Kent County Board of Commissioners)

DEPARTMENT OF WATER AND WASTEWATER SERVICES
Wayne Morris, Director, appeared to discuss the following items:

Quaker Neck/Lover’s Lane/ Prestwick Wastewater Collection System Extension- Correspondence dated September 29 was received from John Tarburton, State Director, USDA, notifying that application to Rural Development for the above referenced project has been approved and financial assistance in the amount of $780,000 (loan) and a $330,000 (grant) has been obligated as of September 29, 2009.

Comprehensive Water and Sewerage Plan- Mr. Morris stated that he would like to move forward with approval of the proposed updated plan so that it can be sent to the State for approval. He stated that he has been made aware of comments received on the proposed update as a result of the public hearing held on September 29, and comments received from Mr. Leocha, representing the Maryland Department of Planning, on October 6. He feels that there are no changes needed to the plan at this time based on comments received from the Sassafras and Chester River Associations. Commissioner Fithian commented that he is still in agreement with the language used for the denied access policy as written and feels it serves the county well. Mr. Morris commented that before the language was added to the plan, he worked with Larry Fogelson, Maryland Department of Planning, for approval of the language used. As a result, the officials of MDP and MDE approved the draft language in 2006; however, Mr. Fogelson has since retired. He stated that the language was crafted to address the immediate needs and protect the environment without encouraging growth. At this time, the State officials will not approve any property that can percolate to be hooked into a service area. The State feels the property owner needs to have a failing system before it would be accepted into the service area.

Commissioner Fithian questioned whether the county should be looking at connecting areas such as Kinniard’s Point to the Worton Wastewater system in an effort to offset costs of the system, in light of the decrease in the expected building in the Worton area. Mr. Morris agreed that other areas could be reviewed for this purpose.

A motion was made by Commissioner Pickrum, seconded by Commissioner Fithian and made unanimous by Commissioner Crow to approve the updated 2009 Comprehensive Water and Sewerage Plan, effective immediately.

Piney Neck Service Area- In follow up to Mr. Morris’ letter dated June 2, correspondence dated September 15 was received from Clifton and Alicia Brown requesting the Commissioners’ consideration to include three vacant lots (1-3) located at Tax Map 0055, Parcel 01231 into the Comprehensive Water and Sewerage Plan. In addition to Mr. Morris, Thomas Yeager, County Attorney, was also in attendance to address this request. An existing septic field was granted conditional approval on June 2. Mr. Morris stated that one of the properties abuts the road and the sewer line (lot 1); however, he cannot recommend allocations for the other two because it would be encouraging growth and would require extension of the line because they are not in the service area. The property with the existing septic system is now failing and the remaining properties previously passed a perk test; however, it is unknown if they would pass the perk test today. Mr. Morris stated that John Beskid, Environmental Health Director, agreed to check whether these properties would pass a perk test. Mr. Yeager stated that because two of the properties do not abut the main line, they cannot be recommended for connection. Commissioner Fithian commented that if lots 2 and 3 can be proven as lots of record prior to the septic system being connected, they should be able to connect if the owner is willing to fund the connection cost and the lots have approved perk tests. Mr. Morris commented that Mr. Brown feels that he should have been included in the service area. Commissioner Pickrum echoed that if lots 2 and 3 have approved perk tests, it should be no problem for them to connect. Commissioner Fithian stated that allowing the lots to connect (if they pass the perk tests) would be consistent with the County’s denied access language. The Commissioners approved for lot 1, which abuts the line, to connect at Mr. Brown’s cost. They also approved for lots 2 and 4 to connect (if they meet the perk test requirements) at Mr. Brown’s cost. Mr. Morris informed that connection of lots 2 and 3 may require an amendment to the Comprehensive Water and Sewerage Plan.