[Call to Order: Invocation- Pastor, Buddy Dunn, Faith Fellowship Church of Preston, Pledge of Allegiance; Agenda Review]
[President’s Closed Session Report Out]
[Public Comment]
[Presentation of Fiscal Year 2025 Budget Requests]
[00:49:50]
>> [OVERLAPPING] SHE WANTS TO MEET FOR BREAKFAST.
[00:49:53]
[00:53:54]
[00:59:41]
[01:00:42]
>> HELLO, EVERYONE. WELCOME TO THIS FEBRUARY 27TH, 2024 MORATORIUM HEARING.
[01:00:52]
I'M SUPPOSED TO DIRECT YOU TO THE BOOK TO SIGN UP, BUT I HAVE THE BOOK.[01:01:00]
IS THERE ANYONE ELSE WHO IS HERE TO SPEAK WHO DID[01:01:04]
NOT GET TO SIGN IN TO THE BOOK, WOULD LIKE TO DO SO?[01:01:08]
NO.[01:01:12]
MY NAME IS TRAVIS BREEDING.[01:01:14]
I'M CAROLINE COUNTY COMMISSIONER PRESIDENT.[01:01:17]
THIS IS COMMISSIONER LARRY PORTER,[01:01:19]
VICE PRESIDENT, AND COMMISSIONER FRANK BARTZ.WE ALSO HAVE KATHELEEN FREEMAN, COUNTY ADMINISTRATOR.
STACY SEWARD WITH FINANCE DEPARTMENT.
DANNY FOX, DEPUTY COUNTY ADMINISTRATOR, AND COUNTY ATTORNEY, STEWART BARROLL, AND PUBLIC INFORMATION OFFICER, JENNIFER REIBLY.
WE NEED TO GO INTO LEGISLATIVE SESSION.
>> I MOVE WE GO TO LEGISLATIVE SESSION AND THEN CONVENE AS THE BOARD OF HEALTH.
>> MOTION IS SECONDED. ALL IN FAVOR SAY AYE. [OVERLAPPING] AYE.
I WILL NOW ASK COUNTY ATTORNEY, STEWART BARROLL, TO READ THE FORMAL ADVERTISEMENT OF THE HEARING.
>> THANK YOU. COMMISSIONER, I THINK IT MIGHT SAVE TIME IF WE GO THROUGH THE PROCEDURAL BACKGROUND ON ALL FOUR OF THESE AT ONCE SO WE DON'T HAVE TO DO IT BEFORE OR DURING EACH PUBLIC HEARING.
THESE FOUR RESOLUTIONS WERE INTRODUCED ON TUESDAY, FEBRUARY THE 6TH, ADVERTISED IN THE SUNDAY STAR DEMOCRAT, FEBRUARY 11TH AND FEBRUARY 18TH.
PLANNING COMMISSION REVIEWED THE PROPOSED RESOLUTIONS ON WEDNESDAY, FEBRUARY THE 14TH.
THEY SENT A LETTER UNANIMOUSLY APPROVING THE ADOPTION OF THIS MORATORIA.
THEY MADE A COUPLE OF WORDING SUGGESTIONS WHICH HAVE BEEN INCORPORATED INTO THE DRAFTS, WHICH WERE OF PUBLIC RECORD ON THE WEBSITE FOR THE LAST COUPLE OF WEEKS.
THERE WAS A SECTION ON ENFORCEMENT ADDED TO EACH OF THE RESOLUTIONS, BASICALLY, TYING THE VIOLATIONS AND PENALTIES SECTION OF THE ZONING ORDINANCE INTO HOW THIS MORATORIUM WOULD BE ENFORCED.
IN FACT, THE PLANNING COMMISSION WENT SO FAR AS TO SAY THAT NOT ONLY WERE THESE CONSISTENT WITH THE COUNTY'S WATER AND SEWAGE COMPREHENSIVE PLAN, BUT THAT ALSO, SINCE THE END GOAL WAS TO PROTECT SURFACE AND GROUNDWATER SUPPLIES, HEALTHY AIR, WATER, LANDSCAPES, ETC., THEY WERE RECOMMENDING THAT THE COMMISSIONERS PASS THESE ON AN EMERGENCY BASIS.
>> I DON'T THINK IT'S MAGNIFIED.
>> IT'S JUST FOR THE RECORDING ONLINE.
>> VERY WELL. AT THIS POINT, WE WOULD OPEN THE FIRST PUBLIC HEARING.
>> I WOULD ALSO POINT OUT THAT WHAT IS BEING SHOWN PUBLICLY HERE AND WHICH IS AVAILABLE AS A HANDOUT, ARE THE RESOLUTIONS THAT WERE OF RECORD FOR THE LAST COUPLE OF WEEKS WITH SOME ADDITIONAL PROVISIONS WHICH WERE ADDED YESTERDAY.
THEY ARE SHOWN IN YELLOW HIGHLIGHT.
I WILL NOW READ THE NOTICE OF PUBLIC HEARING THAT WAS PUBLISHED IN THE STAR DEMOCRAT.
NOTICE IS HEREBY GIVEN THAT THE CAROLINE COUNTY COMMISSIONERS WILL HOLD A PUBLIC HEARING ON RESOLUTION NUMBER 2024-004.
A RESOLUTION TO ADOPT A TEMPORARY MORATORIUM ON CERTAIN USE OF
[01:05:05]
LAND OR STRUCTURES FOR STORAGE OF BIOSOLIDS IN CAROLINE COUNTY UNTIL NOVEMBER 1, 2024, PENDING CONSIDERATION AND ADOPTION OF SUCH LEGISLATION AS THE COUNTY COMMISSIONERS MAY CONSIDER ADVISABLE TO PROMOTE PUBLIC HEALTH, SAFETY AND WELFARE.THE PUBLIC HEARING WILL BE HELD ON THE ABOVE ITEM ON TUESDAY, FEBRUARY 27, 2024, BEGINNING AT 11:40 A.M. IN ROOM 111 OF THE HEALTH AND PUBLIC SERVICE BUILDING LOCATED AT 403 SOUTH 7TH STREET, DENTON, MARYLAND 21629.
TO SUBMIT COMMENTS IN WRITING, EMAIL INFO@CAROLINEMD.ORG, VISIT, AND THERE'S AN ADDRESS THERE FOR SOMEONE TO GO TO THE WEBSITE, OR MAIL TO 109 MARKET STREET, ROOM 123, DENTON, MARYLAND 21629.
PERSONS WITH A DISABILITY NEEDING REASONABLE ACCOMMODATION TO SUBMIT TESTIMONY SHOULD CONTACT THE COUNTY COMMISSIONER'S OFFICE AT 410-479-0660.
>> I WILL NOW OPEN THE FIRST PUBLIC HEARING ON RESOLUTION NUMBER 2024-004, A TEMPORARY BIOSOLIDS MORATORIUM.
THE FIRST PERSON WE HAVE SIGNED UP FOR THIS MORATORIUM IS MARK CROPPER, AND I WILL REMIND EVERYONE, OR TELL EVERYONE THAT EACH PERSON WILL HAVE THREE MINUTES TO PRESENT THEIR TESTIMONY.
PLEASE BE MINDFUL OF THE TIME TO ALLOW ALL PARTICIPANTS AN EQUAL CHANCE TO SPEAK.
PLEASE DIRECT YOUR COMMENTS ONLY TO THE PRESIDENT OF THE BOARD, AND KEEP YOUR COMMENTS RELATIVE TO THE TOPIC OF DISCUSSION.
AS ALWAYS, PLEASE COMMUNICATE YOUR THOUGHTS AND OPINIONS IN A RESPECTFUL AND IN CONSIDERATE MANNER, AND AT THIS POINT, I WILL OPEN IT UP.
MR. CROPPER, THANK YOU FOR COMING IN.
>> MR. PRESIDENT, THE REST OF THE COMMISSIONERS, MARK SPENCER CROPPER, 6200 COASTAL HIGHWAY, SUITE 200, OCEAN CITY, MARYLAND, AND AS YOU KNOW, I REPRESENT DENALI WATER SOLUTIONS, LLC.
I'M HERE TO SPEAK ON REALLY, NOT JUST THIS FIRST MORATORIUM, I'M JUST GOING TO LET YOU KNOW MY COMMENTS ARE GOING TO BE APPLICABLE TO ALL FOUR, SO I'LL JUST CONSIDER IT CONSOLIDATED FOR THAT PURPOSE.
WHEN THE COMMISSIONERS ADOPTED RESOLUTION 223-25 PREVIOUSLY WITH REGARD TO DAF, THERE WAS CONSIDERABLE DISCUSSION ABOUT TRYING TO PRESERVE THE ABILITY OF FARMERS THAT HAD BEEN STORING AND LAND APPLYING DAF WITHOUT COMPLAINTS FROM NEIGHBORS, FROM SOME FOR WHICH COMPLAINTS HAD BEEN MADE TO THE COUNTY.
YOU COMMISSIONERS, I THINK DID A VERY EFFECTIVE JOB IN TRYING TO ADDRESS THAT DISTINCTION WITH REGARD TO THAT FIRST MORATORIUM, AND I BELIEVE YOU'LL RECALL THAT DENALI AT THE TIME SUPPORTED AN AMENDMENT TO THAT ORIGINAL RESOLUTION THAT SAID IT ONLY APPLY OR IT DID NOT APPLY TO STRUCTURES OR USES THAT HAD BEEN IN EXISTENCE PRIOR TO JANUARY THE 1ST, 2023, AND I BELIEVE THAT MORATORIUM WAS EXTENDED.
IN READING THESE MORATORIUMS NUMBER 2024-04, 05, AND 06 AND IN PARTICULAR IN 07 THAT RESOLUTION INDICATES THAT IT SUPERSEDES 2023-25, BUT IT DOES NOT INCORPORATE THAT SAME COMMENCEMENT DATE OR APPLICABILITY DATE OF JANUARY 1ST, 2023.
MY ONLY COMMENT, MY ONLY POSITION HERE TODAY IS DENALI WOULD LIKE TO SUPPORT WHAT YOU'RE DOING, AND IT CAN DO SO PROVIDED THESE MORATORIUMS INCORPORATE THAT SAME COMMENCEMENT DATE OF JANUARY THE 1ST, 2023, AND IF YOU DO THAT, THEN YOU WILL HEAR NO COMPLAINTS FROM DENALI.
WE UNDERSTAND WHAT YOU'RE TRYING TO DO, WE'RE SENSITIVE TO WHAT YOU'RE TRYING TO DO.
AS I INDICATED BACK IN DECEMBER, DENALI REMAINS READY, WILLING, AND ABLE TO PROVIDE INPUT SUPPORT TO YOUR STAFF, TO YOU BETWEEN NOW AND NOVEMBER 1ST WHEN YOU TRY TO WORK THROUGH THESE ISSUES.
OBVIOUSLY, SOME OF THESE ISSUES ARE MORE EASILY RESOLVED THAN OTHERS.
WE ARE HERE TO HELP IF YOU WANT OUR HELP.
BUT WE THINK IT'S IMPERATIVE THAT YOU DO TRY TO DISTINGUISH BETWEEN THOSE THAT HAVE BEEN STORING AND LAND APPLYING DAF WITHOUT CONCERN TO NEIGHBORS, FROM THOSE THAT DO OTHERWISE.
IF YOU WILL DO THAT, YOU'LL HAVE OUR SUPPORT, BUT IT IS REALLY IMPORTANT WE THINK TO BE FAIR,
[01:10:03]
AND I THINK COMMISSIONER READING, THE VERY FIRST PERSON YOUNG MAN THAT SPOKE BACK IN DECEMBER IN SUPPORT OF BEING ABLE TO CONTINUE TO STORE LAND APPLIED DAF WAS THE COUSIN OF YOUR WIFE OR SOMETHING ALONG THOSE LINES.IT'S PEOPLE LIKE THAT THAT WE THINK SHOULD BE ABLE TO CONTINUE BENEFITING FROM THE PROPER USE OF DAF, AND I THINK WITH THE JANUARY 1ST, 2023 COMMENCEMENT DATE, YOU WILL ACHIEVE THAT GOAL.
>> THANK YOU VERY MUCH, MR. MARK.
>> I THINK I STAYED ON YOUR TIME.
>> NO. [LAUGHTER] NEXT UP, HOLLY PORTER.
>> WE DON'T HAVE THE BIG TIMER SCREEN UP THIS TIME. HI, HOLLY.
>> GOOD AFTERNOON, NOT EVEN GOOD MORNING. THANK YOU.
AGAIN, MY NAME IS HOLLY PORTER AT 1103 CANVASBACK LN, DAYTON.
I'M HERE TODAY BOTH AS A CAROLINE COUNTY RESIDENT, BUT ALSO AS THE EXECUTIVE DIRECTOR OF THE DELMARVA CHICKEN ASSOCIATION, WHO IS THE TRADE ASSOCIATION REPRESENTING THE BACKBONE OF CAROLINE COUNTY, AND THAT IS OUR CHICKEN COMMUNITY HERE.
WE APPRECIATE THIS OPPORTUNITY TO COMMENT ON THE RESOLUTIONS.
AGAIN, LIKE MARK, I REALLY AM GOING TO DO ALL IN ONE IF THAT'S OKAY.
AS WE HAVE SHARED AT BOTH THE COMMISSION HEARING IN DECEMBER AND THE PUBLIC HEARING IN JANUARY, DCA WELCOMES THE OPPORTUNITY TO WORK WITH THE COMMISSIONERS EITHER AT A PUBLIC WORK SESSION OR BY PROVIDING ADDITIONAL INFORMATION ABOUT HOW FOOD PROCESSING RESIDUALS ARE TESTED, ARE REGULATED, AND ARE ENFORCED THROUGHOUT THE STATE.
WE ALSO WANT TO BE ABLE TO HELP TO SHARE AND WORK TOGETHER ON SOME CONCERNS AROUND THE STORAGE OF IT FOR OUR CITIZENS HERE.
THE CHICKEN COMMUNITY WANTS TO BE A RESOURCE FOR SOLUTIONS JUST LIKE WE HAVE BEEN AS WE'VE WORKED DILIGENTLY WITH MARYLAND STATE HOUSE DELEGATE, LOVE, WHO OF COURSE HAS PUT IN A BILL THAT I BELIEVE MANY OF YOU ARE FAMILIAR WITH.
WE'VE WORKED CLOSELY WITH THE MARYLAND DEPARTMENT OF AGRICULTURE AND WE REALLY JUST WANT TO MAKE SURE THAT THOSE 60-70 FARMERS THROUGHOUT THE STATE WHO HAVE BEEN USING THESE FOOD RESIDUALS PROPERLY AND RESPONSIBLY CAN CONTINUE TO DO SO WHILE WE ALSO HAVE SAFEGUARDS ON THOSE WHO ARE NOT.
SO AGAIN, MY COMMENTS ARE GOING TO BE VERY SIMILAR TO MR. CROPPERS.
IN DECEMBER, WHEN YOU PASSED THE FIRST MORATORIUM, YOU WERE CLEAR THAT YOUR INTENTIONS WERE NOT TO IMPOSE RESTRICTIONS ON THOSE WHO HAVE BEEN GOOD NEIGHBORS OVER THE YEARS AND WE'VE SHARED THAT THERE HAVE BEEN SEVERAL IN CAROLINE COUNTY.
YOU DID THAT BY ADDING THAT LINE, THIS MORATORIUM SHALL NOT APPLY TO THE USE OF STRUCTURES OR LAND WHICH HAVE BEEN USED FOR THE STORAGE OF FOOD PROCESSING RESIDUAL AND/OR DAFT RESIDUALS PRIOR TO JANUARY 1ST, 2023.
THIS LINE APPEARS TO BE MISSING IN THE CURRENT RESOLUTION.
AGAIN, WE WOULD ASK THE SAME, THAT THAT LINE BE PUT BACK INTO ALL FOUR OF THE RESOLUTIONS.
SO 2024, 004, 005, 006, AND 007.
THIS WAY YOU WOULD ALLOW FOR THE FARMERS WHO HAVE BEEN FOR YEARS STORING RESIDUALS IN A RESPONSIBLE MANNER TO CONTINUE TO DO SO.
CAROLINE COUNTY HAS ALWAYS UNDERSTOOD THE IMPORTANCE OF THE EGG IN OUR CHICKEN COMMUNITY AND I LOOK FORWARD TO WORKING WITH YOU AGAIN AS WE CONTINUE TO HAVE CONVERSATIONS ON WHAT THE BEST SOLUTIONS ARE PRIOR TO NOVEMBER 1ST. THANK YOU.
>> THANK YOU, HOLLY. THANK YOU. NEXT ON THE LIST IS MARGARET CARTER.
NO? OKAY. SO THAT CONCLUDES EVERYONE ON THE LIST THAT SIGNED UP TO TESTIFY ON RESOLUTION 2024-004.
I WILL NOW TURN IT OVER TO COUNTY ATTORNEY BARREL TO READ.
DO WE NEED TO READ THE RESOLUTION OR THE ADVERTISEMENT FOR EACH INDIVIDUAL RESOLUTION? [OVERLAPPING]
>> AT THE BEGINNING OF EACH OF THE PUBLIC HEARINGS AND YOU'RE ACTUALLY GOING TO CLOSE EVENTUALLY EACH PUBLIC HEARING BEFORE YOU GO TO THE NEXT.
>> JEN, WERE THERE ANY PUBLIC COMMENTS ON THESE MORATORIUM?
>> THOSE HAVE BEEN SUBMITTED TO THE COMMISSIONERS FOR REVIEW? OKAY. SO I WOULD MOVE WE CLOSE.
>> MOTION HAS BEEN SECOND. ALL IN FAVOR SAY AYE.
>> NOW DO WE NEED A VOTE TO OPEN THE NEXT?
[01:15:01]
>> NO, YOU WOULD JUST CALL IT.
I WILL NOW OPEN THE SECOND PUBLIC HEARING ON RESOLUTION 2024-005 TEMPORARY VEGETABLE PROCESSING MORATORIUM. MR. BARROLL?
>> NOTICE OF PUBLIC HEARING. NOTICE IS HEREBY GIVEN THAT THE CAROLINE COUNTY COMMISSIONERS WILL HOLD A PUBLIC HEARING ON RESOLUTION 2024-005, A RESOLUTION TO ADOPT A TEMPORARY MORATORIUM [BACKGROUND] IN CAROLINE COUNTY ON CERTAIN USE OF LAND OR STRUCTURES PREVIOUSLY PERMITTED FOR THE DISCHARGE OR STORAGE OF VEGETABLE PROCESSING, WASTEWATER, AND OTHER SPECIFIED SUBSTANCES UNTIL NOVEMBER 1, 2024 PENDING CONSIDERATION AND ADOPTION OF SUCH LEGISLATION AS THE COUNTY COMMISSIONERS MAY CONSIDER ADVISABLE TO PROMOTE PUBLIC HEALTH, SAFETY, AND WELFARE.
THE PUBLIC HEARING WILL BE HELD ON THE ABOVE ITEM ON TUESDAY, FEBRUARY 27TH, 2024, BEGINNING AT 11:50 AM IN ROOM 111 OF THE HEALTH AND PUBLIC SERVICE BUILDING LOCATED AT 403 SOUTH SEVENTH STREET, DENTON, MARYLAND 21629.
TO SUBMIT COMMENTS IN WRITING, EMAIL INFO@CAROLINEMD.ORG, VISIT THE WEBSITE THAT'S GIVEN, OR MAIL TO 109 MARKET STREET, ROOM 123, DENTON, MARYLAND 21629.
PERSONS WITH A DISABILITY NEEDING REASONABLE ACCOMMODATION TO SUBMIT TESTIMONY SHOULD CONTACT THE COUNTY COMMISSIONER'S OFFICE AT 410-479-0660.
>> WE WILL NOW ENTERTAIN PUBLIC TESTIMONY ON RESOLUTION 2024-005.
THE FIRST PERSON WE HAVE SIGNED UP IS AGAIN, MR. CROPPER.
>> MR. PRESIDENT, I MISSPOKE, AND I DON'T NEED TO REPEAT MY POSITION, BUT THANK YOU FOR THE OPPORTUNITY.
>> WAS THERE ANY WRITTEN TESTIMONY?
>> AND IT WILL BE REFLECTED IN THE MINUTES.
>> THIS HEARING. MOTION TO SECOND, ALL IN FAVOR SAY AYE.
>> MOTION PASSES. I WILL NOW OPEN HEARING NUMBER 3 ON RESOLUTION NUMBER 2024-006, TEMPORARY LIVESTOCK MANURE PIT MORATORIUM.
>> THE PUBLISHED NOTICE OF PUBLIC HEARING IS AS FOLLOWS: NOTICE IS HEREBY GIVEN THAT THE CAROLINE COUNTY COMMISSIONERS WILL HOLD A PUBLIC HEARING ON RESOLUTION 2024-006.
A RESOLUTION TO ADOPT A TEMPORARY MORATORIUM IN CAROLINE COUNTY ON 1, THE STORAGE OF ANY MATERIAL OR SUBSTANCE OTHER THAN LIVESTOCK MANURE IN A STRUCTURE DESIGNED AND OR PERMITTED FOR THE STORAGE OF LIVESTOCK MANURE IN CAROLINE COUNTY UNTIL NOVEMBER 1, 2024 AND 2, THE USE OF LAND OR STRUCTURES TO STORE LIVESTOCK MANURE, WHICH IS GENERATED AT ANOTHER LOCATION UNTIL NOVEMBER 1, 2024, PENDING CONSIDERATION AND ADOPTION OF SUCH LEGISLATION AS THE COUNTY COMMISSIONERS MAY CONSIDER ADVISABLE TO PROMOTE PUBLIC HEALTH, SAFETY, AND WELFARE.
THE PUBLIC HEARING WILL BE HELD ON THE ABOVE ITEM ON TUESDAY, FEBRUARY 27, 2024, BEGINNING AT 12:00 PM IN ROOM 111 OF THE HEALTH AND PUBLIC SERVICE BUILDING LOCATED AT 403 SOUTH SEVENTH STREET, DENTON, MARYLAND 21629.
TO SUBMIT COMMENTS IN WRITING, EMAIL INFO@CAROLINEMD.ORG, VISIT THE WEBSITE GIVEN OR MAIL TO 109 MARKET STREET, ROOM 123, DENTON, MARYLAND 21629.
PERSONS WITH A DISABILITY NEEDING REASONABLE ACCOMMODATION TO SUBMIT TESTIMONY SHOULD CONTACT THE COUNTY COMMISSIONER'S OFFICE AT 410-479-0660.
>> AGAIN, FOR THIS PUBLIC HEARING, MR. CROPPER, WOULD YOU STILL LIKE TO SPEAK? [BACKGROUND] NO. HOLLY? SURE.
>> AGAIN, HOLLY PORTER, 1103 CANVASBACK LANE.
I WAS NOT INTENDING TO SPEAK ADDITIONAL, HOWEVER, AFTER SEEING THE ADDITIONAL AMENDMENTS THAT WAS ADDED AS OF, I'M NOT SURE WHEN, MAYBE YESTERDAY.
I JUST WANT TO ADDRESS THE POINT WHERE IT SAYS, WHEREAS RESIDENTS OF CAROLINE COUNTY HAVE EXPRESSED CONCERNS ABOUT THE STORAGE OF LIVESTOCK MANURE, WHICH RESULTS IN FOUL ODORS, INSECT INFESTATION, AND ADVERSE HEALTH EFFECTS IN RESIDENTIAL AREAS.
[01:20:02]
I DID READ THE DEFINITION OF LIVESTOCK AND RECOGNIZE THAT IT DOES EXCLUDE CHICKENS THAT ARE GROWN FOR CONTRACT GROWERS.HOWEVER, I HAVE GRAVE CONCERNS OF THE PRECEDENT OF WHAT THIS COUNTY MAY BE ESTABLISHING BY HAVING A LINE IN THERE, WHEN AGAIN, WE KNOW THAT AGRICULTURE IS THE BACKBONE OF THIS COUNTY.
AGAIN, MY PREVIOUS COMMENTS REALLY ARE MEANT FOR THE DATE.
I JUST FELT THAT I NEEDED TO GO ON RECORD AND BEING A BIT CONCERNED BY THAT LANGUAGE. THANK YOU.
>> WILL WE CLOSE THE CURRENT PUBLIC HEARING?
>> AYE. MOTION CARRIES UNANIMOUSLY.
I NOW CALL OUR FOURTH AND FINAL PUBLIC HEARING TO ORDER, WHICH IS ON RESOLUTION NUMBER 2024-007, A TEMPORARY DAFT MORATORIUM.
>> THE NOTICE OF PUBLIC HEARING WAS AS FOLLOWS.
NOTICE IS HEREBY GIVEN THAT THE CAROLINE COUNTY COMMISSIONERS WILL HOLD A PUBLIC HEARING ON RESOLUTION 2024-007.
A RESOLUTION TO ADOPT A TEMPORARY MORATORIUM ON THE STORAGE OF FOOD PROCESSING RESIDUAL AND/OR DAFT RESIDUAL IN CAROLINE COUNTY UNTIL NOVEMBER 1, 2024, PENDING CONSIDERATION AND ADOPTION OF SUCH LEGISLATION AS THE COUNTY COMMISSIONERS MAY CONSIDER ADVISABLE TO PROMOTE PUBLIC HEALTH, SAFETY, AND WELFARE.
THE PUBLIC HEARING WILL BE HELD ON THE ABOVE ITEM ON TUESDAY, FEBRUARY 27, 2024, BEGINNING AT 12:10 PM IN ROOM 111 OF THE HEALTH AND PUBLIC SERVICE BUILDING LOCATED AT 403 SOUTH 7TH STREET, DENTON, MARYLAND 21629.
TO SUBMIT COMMENTS IN WRITING, EMAIL INFO@CAROLINEMD.ORG.
VISIT THE WEBSITE GIVEN OR MAIL TO 109 MARKET STREET, ROOM 123, DENTON, MARYLAND 21629.
PERSONS WITH A DISABILITY NEEDING REASONABLE ACCOMMODATION TO SUBMIT TESTIMONY SHOULD CONTACT THE COUNTY COMMISSIONER'S OFFICE AT 410-479-0660.
>> FIRST PERSON WE HAVE SIGNED UP FOR PUBLIC TESTIMONY IS MR. RUSH YATES FROM HOLIDAY PARK.
>> [LAUGHTER] IF YOU DON'T MIND, COULD YOU PULL THE MIC CLOSE, PLEASE?
I REALLY DON'T KNOW A WHOLE LOT ABOUT WHAT'S GOING ON.
NICK CARTER CAME OVER THE OTHER DAY, AND I HAD NOT HEARD ANYTHING ABOUT ALL THIS.
WE HAVE A LARGE DAIRY BARN SET UP NEXT TO US.
I THINK IT HAS ABOUT 12 MILLION GALLONS OF CAPACITY IN THE VAULTS UNDERNEATH IT, WHICH WE NEVER REALLY HAD TOO MUCH OF A PROBLEM.
SOMETIMES WHEN THEY WERE PUMPING IT OUT AND, YOU KNOW, HAULING IT, WE'D GET SOMETHING FOR HALF A DAY OR A DAY.
I WAS TOLD THERE WOULD BE NO FLIES, BUT THERE WERE BUT IT WASN'T RIDICULOUS.
FROM WHAT I'M UNDERSTANDING, THESE LAGOON THINGS AND EVERYTHING, IT'S A WHOLE DIFFERENT WORLD.
>> WE'VE BEEN THERE FOR 53 YEARS WITH THE CAMPGROUND.
I LOOKED AT IT TODAY AND WE'RE ABOUT 1,500 FEET FOR CAMPING AREA THAT'S BEING USED FROM WHAT IS THIS POTENTIAL SET UP OVER HERE AT THE DAIRY BARN SET UP NEXT TO US.
I'M GOING TO BE VERY UPSET BECAUSE I HAVE THE FEELING IT'S ALL TRYING TO BE BLOWN OVER, LIKE IT'S GOING TO BE FINE.
THERE'S NOT GOING TO BE ANY FINE BUT I'M HEARING THAT IT'S SEVERE PROBLEMS. IF MY BUSINESS IS ADVERSELY AFFECTED, THERE'S GOING TO BE SOME PROBLEMS. LIKE I SAY, WE'VE BEEN THERE 53 YEARS AND I DO NOT WANT TO HAVE ADVERSE EFFECTS FROM THIS STUFF.
I DON'T UNDERSTAND WHY CHICKEN STUFF HAS TO BE BROUGHT INTO A PLACE THAT DOESN'T EVEN HAVE CHICKENS TO BE SPREAD OUT IN A LAGOON TO CREATE ALL KINDS OF PROBLEMS. AND THEY CAN PUT IT SOMEPLACE.
THERE'S A LOT OF AGRICULTURAL FIELDS AND ALL AROUND THAT ARE NOT RIGHT NEXT TO A PUBLIC CAMPGROUND.
LIKE I SAID, WE'VE PAID A LOT OF REAL ESTATE TAXES ALL THROUGH THE YEARS AND I JUST DON'T FEEL THIS IS QUITE RIGHT.
BUT I'M ASKING YOU TO TAKE A SEVERE LOOK AT THIS BECAUSE I THINK IT'S GOING TO HAVE A REAL ADVERSE EFFECT ON OUR BUSINESS.
SO WE HAVE RIGHT NOW ABOUT 35 FAMILIES LIVING IN THERE.
AND I KNOW THAT THERE'S GOING TO BE A LOT OF UNHAPPY PEOPLE.
IF IT'S GOING TO BE WHAT I'M HEARING IS GOING ON.
I DON'T HAVE ENOUGH KNOWLEDGE TO REALLY SPEAK ABOUT STUFF TOO MUCH.
I'M GOING TO DO SOME MORE READING.
WELL, I DON'T EVEN KNOW WHEN THE NEXT THING IS SUPPOSED TO BE ABOUT THIS,
[01:25:01]
BUT I'D LIKE TO CERTAINLY BE INCLUDED.I DO HAVE ONE THING TO SAY, WHEN WE WANTED TO BUILD A HOUSE, I HAD TO MAIL A REGISTERED LETTER TO EVERYBODY WITHIN A MILE OF MY PROPERTY AND I HAD TO SEND ONE TO MYSELF THROUGH THE COUNTY TO MAKE SURE WE DIDN'T HAVE ANYBODY COMPLAINING OR HAVING A PROBLEM WITH IT.
AND I'M THINKING, THAT'S TO BUILD A HOUSE.
WHY IS IT A PROPERTY OWNER RIGHT NEXT DOOR DO SOMETHING THAT'S BEING PROPOSED LIKE THIS IS NOT GETTING A REGISTERED LETTER SAYING, HEY, YOU MAY WANT TO TAKE A LOOK AT THIS.
WHY DO WE HAVE TO WORRY ABOUT SO MUCH A MOBILE HOME GOING IN ON SOMEBODY'S PROPERTY OR A HOUSE, BUT YET SOMETHING LIKE THIS, THERE'S NO LETTERS THAT GO OUT TO PROPERTY OWNERS THAT ARE NEARBY? I DON'T EVEN GET THE NEWSPAPER FROM FEDERALSBURG'S.
IT'S NOT RIGHT, BUT THAT'S ALL I HAVE TO SAY.
I'VE BEEN HERE MANY TIMES SPEAKING FOR SOMETHING.
THIS IS THE FIRST TIME I THINK I'VE EVER COME IN A LITTLE AGGRAVATED.
I LOVE THE COUNTY AND I LOVE FARMERS.
WE HAVE 65 ACRES OF FARMLAND ON OUR PLACE THAT I RUN OUT.
I KNOW THAT WE ALL NEED TO TAKE CARE OF THE FARMERS AND THEIR AGRICULTURE.
WE'RE NOT GOING TO HAVE ANYTHING TO EAT OR ANYTHING ELSE.
I'M ALL FOR AGRICULTURE AND EVERYTHING, I'M TRYING TO DO EVERYTHING I CAN, BUT IT'S GOT TO BE DONE WITHIN REASON OF WHAT MAKES SENSE.
>> WE ALSO HAVE MARK CROPPER SIGNED UP. SIR.
>> THAT'S IT. WE WILL CLOSE THIS PUBLIC HEARING.
>> MOTION AND SECOND. ALL IN FAVOR SAY AYE.
>> THIS IS YOUR OPPORTUNITY IF YOU CARE TO DISCUSS [NOISE] THE PROPOSED RESOLUTIONS, YOU CERTAINLY WOULD HAVE AN OPPORTUNITY TO MODIFY THEM.
YOU HAVE THE OPPORTUNITY TO ENACT THEM TODAY.
>> WELL, LET'S TAKE ONE OF TIME.
LET'S DISCUSS RESOLUTION 2024-004, PERTAINING TO THE USE OF LAND OR STRUCTURES FOR THE STORAGE OF BIOSOLIDS.
IS THERE ANY COMMENT OR CONCERN WITH THIS RESOLUTION?
>> I GUESS WE DISCUSSED THE DATE THAT WAS BROUGHT UP.
WE ORIGINALLY PUT THE DATE IN THERE OF JANUARY 1ST, 2023.
>> THAT WAS ON THE DAF MORATORIUM, THE INITIAL DEAF MORATORIUM THAT WAS PASSED.
>> THE DATES HAVE BEEN REMOVED FROM ALL OF THESE.
>> THE PURPOSE OF THAT DATE WAS TO TRY AND ALLOW PEOPLE WHO HAD BEEN STORING THE MATERIAL PRIOR TO THAT DATE.
BUT IN MANY CASES WHAT HAS COME TO OUR ATTENTION IS THAT PEOPLE ASSUMED THAT THOSE SMELLS AND NUISANCES WERE DUE TO NORMAL AGRICULTURAL PRACTICES.
[Legislative Bill #2024-003, Chapter 175—Zoning –Solar Energy Systems]
WHEN THE ENTIRE DAY OF DISCUSSION STARTED, IT CAME TO THE PUBLIC'S ATTENTION THAT THESE INSECTS AND SMELLS WERE NOT ASSOCIATED WITH A USE OF THE FARM, OR A MATERIAL THAT WAS GENERATED ON THE FARM.THAT WAS THE REASONING FOR HAVING THOSE DATES REMOVED.
DOES ANYONE WANT TO ADD ANYTHING ELSE TO THAT? DOES THAT MAKE SENSE?
>> COMMISSIONER, I'D LIKE TO POINT OUT THAT THE HIGHLIGHTED LANGUAGE THAT YOU SEE IN THERE, THE FIRST SECTION IS THE REFERENCE TO THE RESIDENTS AT OUR PUBLIC HEARING HAVING EXPRESSED CONCERNS ABOUT THE STORAGE OF BIOSOLIDS, FOUL ODORS, INSECT INFESTATION, ADVERSE HEALTH EFFECTS.
THE SECOND SECTION IS A REFERENCE TO, AND THIS IS A SECTION OF STATE LAW THAT GRANTS YOU AUTHORITY HERE, THE HEALTH GENERAL ARTICLE SECTIONS 3-201,
[01:30:03]
AND 3-202, YOU ARE EX OFFICIO BECAUSE OF YOUR OFFICE.YOU ARE THE BOARD OF HEALTH FOR THIS COUNTY, AND THE STATE STATUTE STATES THAT YOU HAVE THE POWER TO ADOPT AND ENFORCE RULES AND REGULATIONS ON ANY NUISANCE, OR CAUSE OF DISEASE IN THE COUNTY.
IN ADDITION, THERE'S ANOTHER SUGGESTION I WOULD MAKE IF IN FACT THIS IS GOING TO BE VOTED ON TODAY, IS THE INSERTION OF ANOTHER SENTENCE IN THE FORM OF A WHEREAS CLAUSE, WHICH STATES ANOTHER SOURCE OF YOUR AUTHORITY TO ACT IN THIS AREA.
IT WOULD STATE, WHEREAS THE COUNTY COMMISSIONERS, PURSUANT TO LOCAL GOVERNMENT ARTICLE SECTION 13-401 OF THE ANNOTATED CODE OF MARYLAND, HAVE THE POWER TO PREVENT AND REMOVE NUISANCES, AND TO PREVENT THE INTRODUCTION OF CONTAGIOUS DISEASES INTO THE COUNTY.
[NOISE] BACK TO THE HIGHLIGHTED SECTION, THIS ADDS TO THE LANGUAGE THAT YOU ARE ACTING OUT OF CONCERN FOR PUBLIC HEALTH AND SAFETY, AND THAT ONE OF THE PURPOSES OF THE MORATORIUM IS TO OBTAIN ADDITIONAL INFORMATION ON THE SUBJECT?
>> THEN BELOW THAT IN THAT WHEREAS CLAUSE, WHICH BEGINS IN AN EXERCISE OF THE COUNTY'S POLICE POWER AS A CODE HOME RULE COUNTY, YOU ALSO HAVE AUTHORITY.
>> THIS IS JUST A TEMPORARY MORATORIUM, TO GET US THROUGH NOVEMBER 1ST, SO WE HAVE TIME TO DO MORE RESEARCH.
I HAVE HEARD MULTIPLE REPORTS THAT MDE IS NOT ISSUING NEW PERMITS FOR THE APPLICATION OF BIOSOLID TO NEW FIELDS.
THEY WILL EXTEND EXISTING PERMITS, BUT WE WOULD LIKE TO RESEARCH THAT AND ACTUALLY TAKE THIS TIME TO FIND OUT WHY THAT IS HAPPENING.
IS IT HAPPENING? BECAUSE WE HAVEN'T HAD AN OPPORTUNITY TO CONFIRM THAT.
WE WOULD LIKE TO UNDERSTAND THE IMPLICATIONS OF BIOSOLIDS ON OUR FARMLAND, AND STORAGE IN THE COUNTY AND POTENTIAL PROBLEMS IT MAY CAUSE FOR OUR RESIDENTS.
THAT'S THE PURPOSE OF THIS MORATORIUM.
>> I MIGHT ADD, COMMISSIONER, THAT IN PARAGRAPH THREE, WHICH IS ENTITLED PURPOSE, THE ADDITIONAL SENTENCE WHICH STATES THAT THE PROVISIONS OF THIS RESOLUTION SHALL BE DEEMED TO BE AN EXERCISE OF THE POLICE POWERS OF CAROLINE COUNTY, MARYLAND FOR THE PRESERVATION AND PROTECTION OF THE PUBLIC HEALTH PIECE, SAFETY AND WELFARE, AND ALL THE PROVISIONS OF THIS RESOLUTION SHALL BE LIBERALLY CONSTRUED FOR THAT PURPOSE.
DOES ANYONE WANT TO PROPOSE ANY AMENDMENTS FOR THIS?
>> DO I HEAR A MOTION ON THIS?
>> WITH THE ADDITIONAL LANGUAGE THAT I HAD SUGGESTED, WHEREAS CLAUSE ABOUT YOUR ADDITIONAL AUTHORITY UNDER SECTION 13-401 OF THE LOCAL GOVERNMENT ARTICLE, WE WOULD HAVE TO MAKE A RIGHT.
>> WELL, I'LL MAKE A MOTION THAT WE AMEND THIS RESOLUTION TO INCLUDE THE LANGUAGE AS AMENDED HERE.
>> MOTION AND SECOND. ALL IN FAVOR SAY AYE.
MOTION TO AMEND THE RESOLUTION HAS PASSED, SO I WILL ENTERTAIN A MOTION TO APPROVE THE RESOLUTION AS AMENDED.
[Legislative Session Update]
>> DISCUSSION ON RESOLUTION 2024-005.
THIS IS A RESOLUTION TO ADOPT A TEMPORARY MORATORIUM IN CAROLINE COUNTY PROHIBITING CERTAIN USE OF LAND OR STRUCTURES PREVIOUSLY PERMITTED FOR THE DISCHARGE OR STORAGE OF VEGETABLE PROCESSING WASTE WATER.
DOES ANYONE HAVE ANY DISCUSSION ON THIS PROPOSED RESOLUTION OR ITS AMENDMENTS? THIS IS 005.
I'M ASSUMING WE WOULD WANT TO ADD THE SAME LANGUAGE.
>> I WOULD I WOULD MOVE WE APPROVE THE RESOLUTION WITH THE RECOMMENDED LANGUAGE ADDITION BY COUNTY ATTORNEY.
MOTION AND SECOND, TO AMEND THE RESOLUTION ADDING THE LANGUAGE ADDED BY MR. BERYL.
[01:35:03]
ALL IN FAVOR SAY AYE.>> MOTION TO AMEND THE BILL PASSES UNANIMOUSLY.
ANY FURTHER DISCUSSION ON RESOLUTION 2024-005?
>> SO DID I HEAR A MOTION TO PASS RESOLUTION 2024-005?
>> I MAKE A MOTION THAT WE APPROVE RESOLUTION 2024-005.
>> MOTION AND SECOND. ALL IN FAVOR SAY AYE.
>> ALL ON THE RESOLUTION NUMBER 2024-006.
THIS IS A RESOLUTION TO ADOPT A TEMPORARY MORATORIUM PROHIBITING THE STORAGE OF ANYTHING OTHER THAN LIVESTOCK MANURE IN A PIT DESIGNED FOR THE STORAGE OF LIVESTOCK MANURE ESSENTIALLY.
>> SO IS THERE ANY DISCUSSION ON THIS RESOLUTION?
>> I HAVE A QUESTION ABOUT THE PARAGRAPH ON THE SECOND PAGE ABOUT WHEREAS RESIDENTS OF CAROLINE COUNTY HAVE EXPRESSED CONCERNS ABOUT THE STORAGE OF LIVESTOCK MANURE.
>> I HAVE NOT HEARD ANY CONCERN ABOUT THE STORAGE OF LIVESTOCK MANURE.
WHAT I'VE HEARD IS CONCERN ABOUT THE STORAGE OF OTHER MATERIALS IN PITS THAT WERE DESIGNED FOR LIVESTOCK MANURE.
YOU HAVEN'T. I HAD ANY COMPLAINTS ABOUT LIVESTOCK MANURE?
>> NO, I'VE HAD THE SAME THING THAT YOU JUST SAID.
>> WHAT'S THE SUGGESTED REWORDING?
>> I MAKE A MOTION THAT IN PARAGRAPH 4 OF THE WHEREASES, THAT WE AMEND THAT SENTENCE TO SAY RESIDENTS OF CAROLINE COUNTY HAVE EXPRESSED CONCERNS ABOUT THE STORAGE OF MATERIALS OTHER THAN,
>> OTHER THAN LIVESTOCK, MANURE.
I'M SURE THERE'S BETTER LEGAL TERMINOLOGY THAT COULD BE USED THAN THAT.
[LAUGHTER] LIVESTOCK, MANURE, WHICH RESULTS IN FOUL ODORS, INSECT INFESTATION, AND ADVERSE HEALTH EFFECTS IN RESIDENTIAL AREAS. THAT SOUND RIGHT?
>> STORAGE OF MATERIALS OTHER THAN LIVESTOCK, MANURE.
CAN WE GO OVER THAT AMENDMENT?
>> I AM. IF WE NEED TO GO BACK AND REWORD THIS, WE CAN AMEND THIS AGAIN, RIGHT?
>> YES. IN FACT, WE CAN TAKE A RECESS AND GENERATE.
IN FACT, WE'LL DO THAT FOR ANY RESOLUTIONS THAT ARE BEING PASSED TODAY.
YOU CAN TAKE A RECESS, WE'LL HAVE THE NEW VERSIONS OUT IN A FEW MINUTES.
>> WE'LL HOLD OFF ON THAT ONE?
>> YES. YOU WANT TO VOTE? SHOULD WE VOTE TO ADD THAT LANGUAGE IN OR WE COULD JUST DIRECT STAFF?
>> MY SUGGESTION WOULD BE THAT THE WORDING OF IT BE AGREED UPON.
IF THERE'S GOING TO BE A PASSAGE OF THIS TODAY, WE DO IT NOW.
>> WE CAN TABLE THAT ONE UNTIL THE AMENDED LANGUAGE IS THERE AND THEN VOTE ON IT?
>> YOU CAN VOTE ON THE AMENDED LANGUAGE AS LONG AS THE VERSION THAT WE COME UP WITH AND SHOW TO YOU AND THE PUBLIC SEES CONFORMS TO THE LANGUAGE THAT YOU VOTE ON.
IT'S ACTUALLY YOUR PREFERENCE.
IT'S WHATEVER YOU WOULD LIKE TO DO.
IF YOU'D LIKE TO RECESS ON THIS ONE, COME BACK TO IT AFTER THE VERSION IS REDRAFTED, THAT'S PERFECTLY FINE.
>> I THINK WE HAVE PEOPLE HERE WHO WILL WANT TO SEE WHAT WE ENDED UP SAYING.
>> WELL, LET'S GO AHEAD AND SAY WE'RE GOING TO ADD THAT LANGUAGE DURING THE RECESS.
[01:40:03]
BUT I WANT TO GO AHEAD AND ADDRESS THE NEXT RESOLUTION FIRST AND THEN OUR FOURTH AND FINAL RESOLUTION IS 2024-007.THIS RESOLUTION ADOPTS A TEMPORARY MORATORIUM PROHIBITING THE STORAGE OF FOOD PROCESSING, RESIDUAL, OR [INAUDIBLE] RESIDUAL IN CAROLINE COUNTY UNTIL NOVEMBER 1ST, 2024, PENDING CONSIDERATION AND ADOPTION OF SUCH LEGISLATION AS THE COUNTY COMMISSIONERS MAY CONSIDER ADVISABLE TO PROMOTE PUBLIC HEALTH, SAFETY AND WELFARE.
>> I HAVE A QUESTION ABOUT THIS.
MR. YATES, CAN YOU COME BACK UP FOR A SECOND BECAUSE I WAS A LITTLE BIT CONFUSED.
YOU WERE SAYING THAT YOU HAVE A PIT OR A LAGOON THAT IS LOCATED NEAR YOUR PROPERTY?
>> NO. THIS IS WHAT I'M HEARING IS BEING PROPOSED.
>> BUT THE LAGOON IS LOCATED NEAR YOUR PROPERTY, CURRENTLY? OR WERE YOU TALKING ABOUT [OVERLAPPING]
>> THERE'S NOT A LAGOON THAT I KNOW OF.
WHAT WE HAVE NEXT TO US NOW WAS A DAIRY SETUP.
IT HAD HUGE VAULTS, CONCRETE VAULTS, I THINK ABOUT 12-FOOT SQUARE RUNNING THE ENTIRE [OVERLAPPING]
>> BUT THERE'S NOTHING THERE NOW?
>> THEY'RE STILL THERE BECAUSE THEY'RE BUILT UNDER THE GROUND [OVERLAPPING] OF THE BUILDING.
I MEAN, THERE'S NO MATERIAL BEING STORED THERE?
>> I THINK FROM WHAT I'M HEARING, THAT SOMETHING'S BEING TRUCKED INTO THERE AND BEING STORED THERE.
NOW I DON'T KNOW IF IT HAS TO DO WITH CHICKEN STUFF OR WHAT IT IS, BUT I'M HEARING THAT THERE'S SOMETHING BEING TRUCKED IN AND BEING STORED IN THOSE VAULTS.
BECAUSE WE HAVEN'T HAD DAIRY COWS OVER THERE NOW, EVER SINCE JOY AND DANNY WENT BANKRUPT.
>> I'M TRYING TO DETERMINE YOUR TESTIMONY, YOU ARE IN OPPOSITION OF ANYTHING BEING STORED THERE OR?
>> I HAD NO PROBLEM WITH THE LIVESTOCK MANURE, THAT'S WHAT THEY DID WITH THE DAIRY SETUP.
I DON'T KNOW WHAT'S BEING TRUCKED IN THERE NOW, I DON'T UNDERSTAND WHY A PERSON THAT CREATES THIS STUFF CAN'T PUT IT ON THEIR OWN PROPERTY.
WHY DO THEY HAVE TO TRUCK IT TO SOMEPLACE ELSE? BECAUSE THEY DON'T WANT IT THERE EITHER.
>> I WAS JUST TRYING TO CLARIFY, WHEN WE AMEND THE LANGUAGE TO THE LIVESTOCK MANURE RESOLUTION, THEN YOUR CONCERN IS NOT THAT?
>> NO. NO LIVESTOCK. WHEN I SAID I HAD FAMILIES LIVING THERE, WE USED TO BE AN OPEN CAMPGROUND THAT DID OVERNIGHT CAMPING AND PEOPLE COME IN FOR THE WEEKEND OR WHATEVER.
ONCE COVID HIT, WE WERE LOOKING TO SEMI-RETIRE ANYWAY, SO WE WENT TO DOING WHAT THE GOVERNOR CALLED WAS ESSENTIAL CAMPING ONLY, WHICH WE HAD NO IDEA WHAT THAT WAS, BUT WHAT WE DECIDED TO DO WAS DO PEOPLE THAT WERE NEEDING TO LIVE IN THEIR RV'S, WHICH IS WHAT WE GOT A FEELING FOR AND DON'T HAVE A HOME TO GO TO, THEY LIVE FULL TIME IN AN RV BECAUSE THEY'RE TRAVELING NURSES.
WE GET THOSE, THEY COME IN FOR THREE-MONTH OR FOUR-MONTH CONTRACTS AT AREA HOSPITALS.
WE HAVE SEVERAL OF THOSE EACH YEAR.
SOMEBODY THAT WANTS TO MOVE TO THIS COUNTY AND HAVE COME TO OUR PLACE TO STAY FOR 2, 3, 4 MONTHS WHILE THEY'RE LOOKING FOR SOMETHING TO BUY IN THE COUNTY, OR IF SOMEBODY'S BUILDING A HOUSE.
IF YOU GET POTENTIAL PEOPLE WANTING TO MOVE TO THE COUNTY AND I GOT SOMETHING LIKE THIS NEXT DOOR, THEY'RE PROBABLY NOT GOING TO WANT TO LIVE HERE.
>> I UNDERSTAND. [OVERLAPPING]
>> WHAT WE'RE DOING NOW IS STRICTLY LONG-TERM MONTHLY PEOPLE THAT ARE STAYING THERE BECAUSE THEY HAVE TO WORK IN THE AREA.
WE HAVE TRIED TO BE AS CLEAR AS WE CAN ABOUT FERTILIZER AND MANURE IS GOING TO BE USED.
THAT'S NOT WHAT WE'RE SAYING HERE.
[OVERLAPPING] THAT IS NOT WHAT WE'RE TARGETING HERE AS BEING USED ON THE FIELDS.
I'VE SAID EVERY TIME WE'VE HAD ONE OF THESE MEETINGS, DON'T LEAVE THIS ROOM THINKING THAT YOU'RE NEVER GOING TO SMELL ANYTHING AGAIN IN THIS COUNTY, AND YOU ARE. [OVERLAPPING]
>> NO, AND I TELL MY CAMPERS THAT, WHEN THE CAMPERS COMPLAIN A LITTLE BIT, I SAID, YOU'RE IN AN AGRICULTURE FARMING AREA, SO CHICKEN MANURE GETS SPREAD ON THE FIELDS, COW MANURE GETS SPREAD ON THE FIELDS.
IT'S NOT GOING TO LAST FOREVER, IT'LL WASH DOWN, IT'LL BE ALL RIGHT.
IT'S NOT SOMETHING YOU'RE GOING TO HAVE TO PUT UP WITH FOREVER.
BUT FROM WHAT I'M HEARING, THIS IS GOING TO BE SOMETHING WE'RE GOING TO HAVE TO PUT UP WITH FOREVER.
>> I JUST SAW A FELLOW BACK HERE WHO SHOWED ME A PICTURE OF THEIR 400 YARDS FROM ONE OF THESE PITS AND HIS HOUSE IS JUST COVERED IN FLIES.
I THINK SOMETHING'S DEFINITELY WRONG IF THAT'S WHAT'S GOING TO HAPPEN.
>> MR. CARTER, YOU WANTED TO ADD SOMETHING?
>> I'M NICK CARTER, I LIVE ON 4272 DRAPERS MILL ROAD, ABOUT A MILE FROM MR. YATES'S OPERATION.
I JUST SUGGESTED THAT MAYBE SOME CLARIFICATION AVAILABLE AS TO WHAT MAY OR MAY NOT BE HAPPENING AT THE [INAUDIBLE] THAT YOU REFERRED TO.
[01:45:06]
I DID COME UP AND SPEAK TO MR. YATES BEFORE YOU ON LAST WEDNESDAY OR THURSDAY, AND HE'S PERFECTLY WILLING TO HAVE MR. MATT PLUTA FROM SHORERIVERS COME TO HIS PROPERTY AND FLY HIS DRONE OVER THE DEFUNCT GARY OPERATION.MATT AND I DID GO UP THERE AND MATT FLEW HIS DRONE, AND HE COULD SEE SOME OF THE RECEIVING TIPS OR STRUCTURES WHICH APPEARED TO HAVE SOME MATERIAL IN THEM.
I WOULD LIKE TO OFFER THE SUGGESTION THAT IF YOU GET BACK IN TOUCH WITH MATT PLUTA, HE MAY BE ABLE TO GIVE YOU SOME CLARIFICATION ON WHAT MATERIAL MAY OR MAY NOT BE IN THE RECEIVING PITS AT THE OLD DAIRY.
I'M THE NUTRIENT MANAGEMENT ADVISOR HERE IN CAROLINE COUNTY AND I WAS A NUTRIENT MANAGEMENT ADVISOR FOR 10 YEARS FOR THE UNIVERSITY OF MARYLAND BEFORE THAT AND NOW I WORK IN DORCHESTER AND I'M THE INTERIM DIRECTOR FOR THE NUTRIENT MANAGEMENT PROGRAM AT THE UNIVERSITY OF MARYLAND.
YOU HAD MR. RICKARD IN HERE EARLIER AND YOU ASKED HIM QUESTIONS.
MR. RICKARD CAME BACK TO THE OFFICE AND SAID, WOULD YOU MIND GOING IN AND SEE IF YOU COULD HELP ANSWER ANY QUESTIONS THAT YOU MAY HAVE? ONE OF THOSE QUESTIONS THAT CAME UP RELATED TO A PLAN THAT WAS WRITTEN, SAY BY A PRIVATE ADVISOR OR MYSELF, AND THEN SOMEONE COMES IN AND SAYS, CAN WE APPLY THE DAF MATERIAL OR OTHER MATERIAL OR SOMETHING FROM [INAUDIBLE] FOR EXAMPLE.
>> CAN I MAKE A SUGGESTION? DO WE WANT TO FINISH WITH THIS PUBLIC HEARING AND THEN DISCUSS THIS OR WHAT DO YOU THINK? WE'RE IN THE MIDDLE OF A PUBLIC HEARING HERE.
>> I DO HAVE SOME QUESTIONS, BUT I'M JUST NOT SURE WHEN TO.
>> BUT THE ANSWER IS THAT ANY MATERIAL THAT HAS TO BE APPLIED NEEDS A PLAN AND IF THAT PLAN MAY BE WRITTEN AFTER THE PLAN I WROTE, AND IT SUPERSEDES THE PLAN THAT I WROTE.
>> DID YOU HAVE ANY OTHER SPECIFIC QUESTIONS THAT I COULD HELP WITH? [OVERLAPPING]
>> MY QUESTION WAS, THE MATERIAL THAT IS IN THE NUTRIENT MANAGEMENT PLAN TO BE USED AS A SOIL AMENDMENT WHEN THAT MATERIAL IS APPROVED, WE HAVE HAD SOME PEOPLE WHO HAVE TESTIFIED IN A PRIOR HEARING THAT THEY FEEL THAT THERE ARE HEALTH ISSUES INVOLVED WITH THE DAF.
WHEN THAT IS APPROVED AS A SOIL AMENDMENT, WHO APPROVES THAT? WHERE DOES THAT INFORMATION COME FROM AND HOW IS IT DETERMINED THAT THAT IS AN APPROVED SOIL AMENDMENT FROM A HEALTH STANDPOINT?
>> IT STARTS WITH THE STATE CHEMIST UNDER THE MARYLAND DEPARTMENT OF AGRICULTURE, AND THEN IT'S APPROVED BY THE MARYLAND DEPARTMENT OF AGRICULTURE.
WHEN YOU'RE LOOKING AT MATERIALS LIKE FOOD WASTE, THAT FALLS UNDER THE MARYLAND DEPARTMENT OF AGRICULTURE.
IF YOU'RE LOOKING AT SLUDGES THAT HAVE HEAVY METALS IN THEM, THEN THAT'S FALLING UNDER THE MARYLAND DEPARTMENT OF ENVIRONMENT.
>> LET ME ASK YOU THIS, [BACKGROUND] WHEN IS THE TESTING DONE? WHEN IS THE TESTING PERFORMED ON THIS MATERIAL? WHAT I MEAN BY THAT, MR. YOHN, IS THIS, IF YOU TEST MATERIAL THAT IS COMING DIRECTLY FROM THE POULTRY PLANT, WOULD YOU EXPECT THAT THE SAME RESULTS WOULD BE AVAILABLE RATHER THAN MATERIAL THAT HAS BEEN STORED, FOR EXAMPLE, IN A PIT FOR A PERIOD OF TIME? WOULD YOU EXPECT THAT THERE WOULD BE THE SAME RESULTS?
>> USUALLY NOT. THOSE MATERIALS, THEY SHOULD BE TESTED AS CLOSE TO APPLICATION AS POSSIBLE.
THAT'S WHAT THE REGULATIONS SAY.
THERE'S SOME LEEWAY WITH OUR MANURES AND WITH THIS MATERIAL WHERE WE CAN GO AS LONG AS TWO YEARS.
[01:50:04]
BUT IF WE HAVE MATERIAL THAT IS BEING CREATED AT A POULTRY PROCESSING PLANT, WOULD YOU SAY THAT THERE WOULD BE DIFFERENT RESULTS FROM A HEALTH STANDPOINT IF IT WAS TESTED IMMEDIATELY AFTER IT WAS GENERATED? WOULD THERE BE A DIFFERENT RESULT IF IT WAS STORED IN A PIT FOR A PERIOD OF TIME?>> I'M NOT QUALIFIED TO ANSWER THE HEALTH RISKS.
THE NUTRIENT RISK, WHICH IS WHAT WE'RE DEALING WITH WHEN IT'S APPLIED, MAY BE MINIMAL.
THERE MAY BE SOME NITROGEN LOSS, BUT OTHER THAN THAT, AS LONG AS IT'S AGITATED AND SO ON, THE RESULTS SHOULD BE ABOUT THE SAME.
THESE, AGAIN, THE TESTS HAVE GOT TO BE COMING FROM WHERE THE MATERIAL COMES FROM.
IN OTHER WORDS, IF IT'S STORED THEN THERE SHOULD BE A SAMPLE FROM THAT STORED MATERIAL THAT'S UTILIZED IN THE NUTRIENT MANAGEMENT PLAN.
>> DO YOU KNOW IF THAT HAPPENS?
>> I CAN'T SPEAK ONE WAY OR THE OTHER, I DON'T CONTROL THAT.
>> IT WOULDN'T HAPPEN IF SOMEONE WAS NOT ALLOWING SOMEONE TO COME ON THEIR PROPERTY, CORRECT?
>> WELL, I CAN'T SPEAK TO THAT EITHER.
I JUST KNOW THAT THE PLANS ARE WRITTEN BY THE SAME COMPANY THAT IS DISTRIBUTING AND APPLYING THE MATERIAL.
>> THAT INFORMATION SHOULD BE AVAILABLE TO US, FOR EXAMPLE, THE TESTING RESULTS?
>> THEY ARE OWNED BY THE COMPANY AND BY THE FARMER WHO'S UTILIZING IT AND THAT'S CONFIDENTIALITY.
IT'S LIKE ME TRYING TO JUST HAND YOU A FARMER'S NUTRIENT MANAGEMENT PLAN.
I CAN'T DO THAT. THE RESULTS THAT WE UTILIZE IN THOSE PLANS ARE ALSO CONFIDENTIAL.
>> YOU MEAN, IF WE HAVE PEOPLE WHO ARE CONCERNED ABOUT THE HEALTH ASPECTS OF THIS MATERIAL BEING SPREAD ON THEIR FIELD, IT'S CONFIDENTIAL INFORMATION FOR US TO FIND OUT IF THERE ARE FINDINGS SAYING IT'S NOT HEALTHY?
ONCE IT'S IN A NUTRIENT MANAGEMENT PLAN, I CAN'T DIVULGE IT.
>> BUT YOU AS A GOVERNMENT, CAN YOU ASK FOR THOSE RESULTS THROUGH SOMETHING ELSE?
>> THESE ARE ALL THE THINGS WE'RE GOING TO DO OVER THE NEXT FEW MONTHS.
WE'RE GOING TO GET TOGETHER WITH THE NOLLE AND WITH DCA AND THE DIFFERENT INTEGRATORS AND FIGURE OUT EXACTLY ALL THESE MINUTE DETAILS AND THINGS.
THAT'S THE PURPOSE OF THE MORATORIUM, TO GIVE US TIME TO UNDERSTAND THE ISSUE, THE NUANCES AND THE DETAILS OF NUTRIENT MANAGEMENT PLANS AND ALL OF THOSE THINGS.
I'M SURE NOW THAT YOU'VE SHOWN US HERE AROUND THE COUNTY, WE'LL BE REACHING OUT.
>> HAVE YOU WRITTEN ANY NUTRIENT MANAGE PLANS WITH DAF INCORPORATED?
>> MAYBE ONCE. MOST OF THE TIME THOSE PLANS ARE WRITTEN BY DENALI OR SINEGRO OR SOMEBODY LIKE THAT, AND THEN MY JOB IS TO TAKE WHAT WAS APPLIED, PUT IT INTO THE SYSTEM TO KNOW HOW MUCH RESIDUAL THERE IS OF THE NITROGEN FOR THE FOLLOWING YEAR'S CROP.
THAT'S WHAT I HAVE TO WORRY ABOUT, IS HOW MUCH OF THIS ORGANIC MATERIAL IS GOING TO BREAK DOWN THIS YEAR VERSUS NEXT YEAR VERSUS THE YEAR AFTER, AND THAT'S WHERE I GET INTO IT.
BUT THE INITIAL PLANS ARE BASICALLY WRITTEN BY DENALI.
THEY HAVE MINERALIZATION RATES THAT THEY USE.
WE HAVE ANALYSIS, WE'RE LOOKING AT THE PHOSPHORUS, THE NITROGEN, AND THE POTASH OR POTASSIUM
>> WHAT I UNDERSTAND IS THERE'S NO POTASH IN THERE, IT'S ALL NITROGEN AND PHOSPHORUS?
>> POTASH BEING THE NUMBER 1 OUT OF THREE.
>> THE NUTRIENT MANAGEMENT PLAN IS WRITTEN BY THE PEOPLE WHO ARE DELIVERING IT AND PUTTING IT ON THE GROUND?
>> YES. THEN THEY ARE REVIEWED BY THE MARYLAND DEPARTMENT OF AGRICULTURE.
>> BUT THAT'S STANDARD. THERE ARE SOME FARMERS WHO DO THEIR OWN NUTRIENT MANAGEMENT PLANS.
>> YOU HAVE TO BE CERTIFIED TO DO YOUR OWN PLAN AND YOU DO HAVE TO TAKE A COURSE AND PASS A TEST TO BE ABLE TO DO YOUR OWN PLAN.
>> WELL, THANK YOU. THANK YOU FOR RUNNING OVER HERE [OVERLAPPING]
>> LEAVE YOUR CARD WITH JENNIFER.
>> YOU CONTACTED HER, I'LL GIVE IT TO HER. [LAUGHTER]
[01:55:01]
>> MR. CRAWBER, DO YOU WANT A MINUTE OR TWO OR?
>> WE'LL FREE THE ENTERTAINMENT DATE.
>> THE LAST TWO RESOLUTIONS REALLY.
>> ANY FURTHER DISCUSSION ON RESOLUTION 2024-007?
>> NO. I'M CLEAR ON MR. YATES'S CONCERN.
>> GOOD. DO YOU HAVE ANY COMMENT ON?
[Consent Agenda:]
>> [BACKGROUND] THAT WE WOULD HAVE TO APPROVE THE AMENDMENTS, WE'D THEN TO HAVE A MOTION TO APPROVE THE AMENDMENTS, AND THEN ONCE AMENDED, WE CAN HAVE A MOTION TO VOTE ON THE LEGISLATION OR THE RESOLUTION.
[County Administrator’s Report]
DO I HEAR A MOTION?>> I MAKE A MOTION WE APPROVE RESOLUTION 2024-007.
>> YOU WANT TO APPROVE THE AMENDMENTS FIRST, THE AMENDMENTS TO ADD THE AMENDMENTS TO THE RESOLUTION?
>> I DIDN'T KNOW WE MADE AMENDMENT RESOLUTION.
>> I'M SORRY. SORRY, I APPROVED THE AMENDMENTS ON RESOLUTION 2024-007. SORRY ABOUT THAT.
>> IF I MAY ADD, THE AMENDMENT WE'RE REALLY TALKING ABOUT HERE IS THE WHEREAS CLAUSE ABOUT CITING SECTION 13-401 OF THE LOCAL GOVERNMENT ARTICLE AS ADDITIONAL AUTHORITY FOR YOUR ACTION TODAY.
THAT'S ALL? IT'S THE SAME ONE, IT'S IN ALL FOUR?
>> IT'S NOT THE JANUARY 1ST 2023 DATE, IS THE AMENDMENT BEING ASSESSED?
>> NO. IT'S JUST THESE HIGHLIGHTED AMENDMENTS CURRENTLY.
CURRENTLY, JUST THESE HIGHLIGHTED ONE.
IT DOES NOT INCLUDE THE DATE AT THIS TIME.
[County Commissioners Open Discussion Period]
I HAVE A MOTION. DO I HEAR A SECOND?ANY FURTHER DISCUSSION? NO? ALL IN FAVOR SAY AYE?
>> AYE. MOTION PASSES UNANIMOUSLY.
I'LL CALL RECESS TO ALLOW STAFF TO AMEND.
>> IS THAT THE MOTION FOR THE AMENDMENT?
>> THE LANGUAGE? WHAT WAS THAT?
>> AS YOU JUST SAID, IT WAS THE AMENDMENT.
IT WILL BE ONE FOR THE ACTUAL.
WE APPROVE RESOLUTION 2024-007.
>> GOOD. MOTION PASSES UNANIMOUSLY.
>> NOW I'LL CALL A RECESS TO ALLOW STAFF TO AMEND RESOLUTION 2024-006.
[Public Comment]
[Closed Session]
[Meeting Adjourned]
[02:13:59]
>> THE MEETING IS NOW BACK IN ORDER.
[02:14:08]
ARE THERE ANY QUESTIONS, CONCERNS, COMMENTS,[02:14:13]
FURTHER AMENDMENTS TO MORATORIUM RESOLUTION 2024-006? THE AMENDMENT.>> ALL RIGHT. MAKE A MOTION TO APPROVE THE AMENDMENTS.
>> DO YOU WANT ME TO READ IT OR STEWART, YOU WANT TO READ IT?
>> I'LL BE HAPPY TO. THE DRAFT YOU HAVE IN FRONT OF YOU, RESOLUTION 2024-006, IS THE SAME AS WHAT WE'VE BEEN VIEWING EARLIER, EXCEPT THAT WE HAVE INSERTED THE WORDS IN THE FIFTH WHEREAS CLAUSE.
[02:15:07]
WHEREAS RESIDENTS OF CAROLINE COUNTY HAVE EXPRESSED CONCERNS ABOUT THE STORAGE OF, WE HAVE INSERTED THE WORDS, MATERIALS OTHER THAN.>> IT'S THE FOURTH WHEREAS CLAUSE BUT YEAH.
>> SORRY. THAT WILL TEACH ME NOT TO PUT MY READING GLASSES ON.
IT ALSO INCORPORATES AS THE OTHER THREE DO AS WELL, THE PARAGRAPH CONCERNING YOUR POWER UNDER 13401 OF THE LOCAL GOVERNMENT ARTICLE TO PREVENT AND REMOVE NUISANCES.
IT'S THE SAME ONE THAT'S NOW IN EACH ONE.
THAT LANGUAGE HAS BEEN PREVIOUSLY APPROVED BY YOU ON THE OTHER THREE RESOLUTIONS.
>> THERE'S A MOTION AND SECOND, TO APPROVE THE AMENDMENTS TO RESOLUTION 2024-006.
>> I NEED A MOTION TO APPROVE THE RESOLUTION AS AMENDED.
>> I'LL MAKE A MOTION WE APPROVE THE RESOLUTION AS AMENDED 2024-006.
>> MOTION AND SECOND. ALL IN FAVOR SAY AYE.
DO WE HAVE A COUNTY COMMISSIONER OPEN DISCUSSION PERIOD OR ANYTHING ELSE ON THE AGENDA?
>> NO. GOOD. DO I HAVE A MOTION TO ADJOURN?
>> AYE.
* This transcript was compiled from uncorrected Closed Captioning.