[00:01:01]
[Call to Order: Invocation – Paster Gregory Blackston,” In God We Trust” of Denton]
GOOD MORNING, EVERYONE, AND WELCOME TO THE JULY 9TH, 2024 CAROLINE COUNTY COMMISSIONER MEETING.THIS MORNING, WE HAVE OUR INVOCATION BY PASTOR GREGORY BLACKSTON OF IN GOD WE TRUST OF DENTON.
SO THANK YOU FOR COMING IN, REVEREND.
IF EVERYONE COULD PLEASE RISE, THIS WILL BE FOLLOWED BY THE PLEDGE OF ALLEGIANCE.
FATHER GOD, WE COME TO YOU IN THE NAME OF JESUS.
LORD, WE THANK YOU FOR BLESSING US TO SEE ANOTHER DAY.
WE THANK YOU, LORD GOD, FOR OUR RIGHT MINDS.
GOD, WE THANK YOU FOR THE MANY BLESSINGS YOU HAVE BESTOWED UPON US.
LORD GOD, AS I STAND BEFORE THESE GREAT COMMISSIONERS, LORD, WE PRAY GOD THAT YOU WOULD BLESS THIS CITY, BLESS THIS TOWN, BLESS THIS PLACE CALLED DENTON.
LORD GOD AND HOLY SPIRIT, WE ASK THAT YOU WOULD CONTINUE TO FILL OUR COMMISSIONERS WITH GREAT WISDOM AND UNDERSTANDING AND DISCERNMENT AND KNOWLEDGE.
GOD GRANT THEM FAVOR, INCREASE THEIR FAITH, AND PREPARE THEM TO PURSUE YOUR EXCELLENCE.
DRAW THEM TO YOU AND CAUSE THEM TO KNOW AND FULFILL YOUR PURPOSES.
GOD, WE THANK YOU FOR THE MANY BLESSINGS YOU HAVE BESTOWED UPON THIS TOWN.
GOD, WE THANK YOU FOR THE FAVOR THAT RESTS UPON THIS COUNTY.
ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
THANK YOU VERY MUCH FOR COMING IN THIS MORNING.
OKAY. WE'RE GOING TO MOVE RIGHT INTO OUR SPECIAL EVENT, WHICH IS A CELEBRATION OF CAROLINE COUNTY'S 250TH ANNIVERSARY WITH A CAROLINE COUNTY 250TH RESOLVES READING OUT ON THE COURTHOUSE GREEN.
SO IF EVERYONE WOULD LIKE TO COME OUT FRONT AND TAKE PART IN THIS PRESENTATION, IT'D BE GREAT.
SO WE WILL RECESS AND COME BACK IN AFTER THE RESOLVES ARE READ.
[00:50:05]
OKAY, EVERYONE.[00:50:07]
WELCOME BACK. THE MEETING IS NOW OFFICIALLY BACK IN ORDER.[Special Event-Caroline County 250th Resolves]
[00:50:12]
THAT WAS A VERY NICE PRESENTATION PUT ON BY BOB AND THE COMMITTEE.[00:50:19]
SO I HAVE A READOUT REPORT.[00:50:21]
THE COMMISSIONERS MET IN CLOSED SESSION ON JUNE 5TH OR JUNE 25TH, 2024 TO DISCUSS UPCOMING[President’s Report Out]
[00:50:32]
EMERGENCY LEGISLATION WHILE OBTAINING LEGAL ADVICE UNDER GENERAL PROVISIONS 3-305(B), SECTION SEVEN.[00:50:40]
THEY ALSO MEANT TO DISCUSS SPECIFIC PERSONNEL MATTERS UNDER PROVISION 3-305(B), SECTION ONE.[00:50:50]
OKAY. OUR FIRST AGENDA ITEM THIS MORNING IS A DISCUSSION OF THE COMCAST CABLE FRANCHISE AGREEMENT[• Discussion of Comcast Cable Franchise Agreement]
[00:51:00]
WITH COUNTY ADMINISTRATOR KATHLEEN FREEMAN AND DEPUTY ADMINISTRATOR DANIEL FOX.[00:51:06]
SO GOOD MORNING, KATHLEEN.GOOD MORNING. SO DANNY AND STEWART AND I HAVE BEEN MEETING WITH COMCAST REGARDING OUR CABLE FRANCHISE RENEWAL AGREEMENT.
TEN YEAR HAS BEEN THE TYPICAL CYCLE.
TEN YEARS. THAT WAS THE PRIOR ONE THAT I FOUND.
WELL, WE LOOKED AT SOME SAMPLE AGREEMENTS FROM OTHER JURISDICTIONS.
SO FOR COHEN LAW GROUP TO HANDLE THIS NEGOTIATION ALONG WITH US.
THEIR PROPOSAL IS AROUND $40,000.
HOWEVER, THEY OPTIONED IT OUT SO THAT DEPENDING ON WHAT WE WANTED, COULD BE LESS THAN THAT.
HOWEVER, DOING THIS, WE'VE ALSO KICKED AROUND.
WHY DO WE NEED THE AGREEMENT? SOME OF THE ADVANTAGES OF DOING IT INCLUDE THEY WILL SURVEY RESIDENTS OF CAROLINE COUNTY, BASICALLY LIKE A CUSTOMER SATISFACTION SURVEY WHERE OUR CABLE SERVICE IS BAD.
WHERE ARE THERE PROBLEMS WITH THE NETWORK? ARE THEY HANDLING COMPLAINTS BY OUR CITIZENS WELL? WE CAN REQUIRE IN THIS AGREEMENT TURNAROUND TIMES TO RESPOND TO COMPLAINTS AND ISSUES.
THEIR PROPOSAL WOULD ALSO INCLUDE AN ASSESSMENT OF EXISTING AND FUTURE INFRASTRUCTURE, BOTH PHYSICAL INFRASTRUCTURE AND, AGAIN, BILLING AND THOSE KINDS OF THINGS.
SO THAT'S ONE BENEFIT TO OUR CITIZENS.
ON THE OTHER HAND THERE'S TWO OTHER THINGS FOR THE COUNTY AND ALSO THE BENEFIT OF CITIZENS.
THERE'S THE FEE IS 3% OF GROSS REVENUES TO THE COUNTY IN QUARTERLY PAYMENTS FROM COMCAST AND THEN KENT COUNTY AND THEIR AGREEMENT, AND I KNOW SOME OF THE OTHER JURISDICTIONS ALSO HAVE ACCESS TO A EDUCATION AND GOVERNMENT ACCESS CHANNEL, WHICH I DON'T KNOW THAT WE HAVE ANY PLANS TO USE RIGHT NOW, BUT I'M THINKING ABOUT IT.
SO DO YOU WANT TO? YEAH, JUST KIND OF TO BREAK DOWN THE NUMBERS OF IT MEANS ANYTHING.
SO RIGHT NOW WE'RE RECEIVING ABOUT $170,000 ANNUALLY FROM OUR COMCAST AGREEMENT, AND THAT GOES DIRECTLY INTO THE GENERAL FUND LISTED AS THE FRANCHISE FEE. WE ALSO RECEIVE ABOUT SIX GRAND A YEAR IN WHAT THEY CALL PEG FUNDING THAT GETS SET ASIDE, AND WE USE THAT FOR PUBLIC ACCESS.
SO FOR FY 24, WE ACTUALLY USED THAT FUNDING TO COVER THE STREAMING SERVICE THAT WE OPERATE AT THIS ROOM WITH, AND ALL OF THAT IS ALSO OUTLAID IN THE AGREEMENT THAT IS TYPICALLY STRUCTURED.
SO AS KATHLEEN WAS MENTIONING, WE WERE SHARED A COUPLE OF THE SURROUNDING COUNTIES AND COHEN LAW GROUP REALLY HAS BEEN THE ONE THAT'S NEGOTIATED AND MANAGED THIS FOR ALL THE SURROUNDING COUNTIES, AND ACTUALLY, LOOKING BACK TO THAT PRIOR EMAIL THAT I HAD, IT LOOKED LIKE THEY DID THE COUNTIES AGREEMENT PRIOR AS WELL.
SO THIS IS A COMPANY WE'VE USED BEFORE PRIOR TO ANY OF US BEING HERE.
IS THERE A PROBLEM WITH JUST EXTENDING, USING THE EXISTING AGREEMENT AND JUST CHANGING THE DATES? I THINK A LOT OF STUFF HAS CHANGED, HASN'T IT? YES. LOOKING THROUGH KIND OF COHEN'S PROPOSAL AND THEN JUST DOING A LITTLE BACK END RESEARCH MYSELF ON THIS, IT LOOKS LIKE IN 2019
[00:55:08]
THERE WERE SOME FCC UPDATES, STATE AND FEDERAL LAWS THAT CHANGED KIND OF LAYING OUT HOW THESE HAD TO BE OUTLINED, AND I THINK A LOT OF THE COUNTIES AND PART OF COHEN'S PROPOSAL IS REALLY INCORPORATING A LOT OF THIS CHANGE FROM 2019 AND SOME COURT DECISIONS FROM 21.YEAH. I MEAN, IF THEY'RE NOT DOING A GOOD JOB PEOPLE WON'T USE COMCAST.
SO WHAT THEY LABEL AS THE FRANCHISE NEGOTIATION SUPPORT COMES TO 40,800, AND THEN THEY'VE BROKEN OUT ALL OF THE ADDITIONAL SURVEYS AND OPTIONS OF AUDITS AND REVIEWS THAT THEY CAN CONDUCT.
THOSE ARE ON TOP OF THE 40,000.
RIGHT. SO THE BARE BONES IS 40,000.
SORRY I READ THAT WRONG. THAT'S RIGHT.
PROBLEM WITH SURVEYS IS NOBODY COOPERATES ANYWAY.
SO YOU'RE KIND OF WASTING YOUR MONEY.
YEAH I THINK IT WAS THE GROUP THAT HAS KIND OF BEEN MEETING WITH COMCAST, AND IT WAS OUR RECOMMENDATION THAT THE BARE BONES WERE WE ALIGNED.
WE DIDN'T FEEL THE SURVEYS OR THE OTHER ITEMS REALLY.
WE JUST ASKED THEM TO PIECE THAT OUT JUST IN CASE.
YEAH. SO I'M STILL NOT CLEAR WHAT WE'RE GETTING FOR 40,000.
SO THE 40,000 WOULD BE ESSENTIALLY THEM NEGOTIATING THE CONTRACT WITH COMCAST.
THEY HAVE A LAW GROUP THAT'S PARTNERED WITH THEM.
SO THEY WOULD WRITE STRUCTURE THE 40 PAGE AGREEMENT THAT OUTLINES I MEAN KENT COUNTY IS ANYTHING FROM TREE BURNING, CHANNEL CAPACITY, BROADBAND CHANNELS, SIGNAL STRENGTH. THERE'S LIKE 100 DIFFERENT POINTS THAT THEY COVER AND UPDATE WITH SOME OF THE CURRENT LEGISLATION AND LAWS.
SO THAT'S WHAT YOU GET FOR THE 40 REALLY IS.
WILL THEY NEGOTIATE AN INCREASE IN OUR FEE? SO ACTUALLY YEAH THEY COULD THE COUNTY AGREEMENT HAS A RANGE 3% TO 5% FOR THE FRANCHISE FEE, AND IT'S TO BE REVISITED EVERY SO OFTEN UNDER THE TERMS WE'RE GOING TO PAY SOMEBODY 40,000.
THE FEES ARE PASSED ON TO THE CABLE SUBSCRIBERS.
OR SATELLITE DISH, THEY DON'T PAY THE FEE.
SOME COUNTIES DON'T EVEN HAVE A FEE.
MAYBE THEY DON'T HAVE A FRANCHISE AGREEMENT SO THEY DON'T COLLECT ANY MONEY, BUT I MEAN, I DON'T WANT TO SEE US INCREASING A FEE ON OUR CITIZENS.
DOESN'T IT GO DOWN, DANNY, BECAUSE WE HAVE LESS CABLE SUBSCRIBERS? IT'S BEEN TRICKLING DOWN BECAUSE PEOPLE ARE SWITCHING OVER TO ROKU AND YEAH CHOPTANK FIBER.
CORRECT. BECAUSE WE DON'T HAVE A FRANCHISE AGREEMENT.
NO WE DON'T HAVE A FRANCHISE WITH CHOPTANK.
SO COMCAST IS ONLY AVAILABLE IN RURAL LIKE IN THE TOWNS OR MAJOR HIGHWAYS.
I HAVE COMCAST NOT BUT SO I KNOW I DON'T.
IT'S ALL BASED OFF A PERCENT OF WHAT THEY CONSIDER GROSS REVENUE AND THEN THEY.
SO IF THERE'S LESS USERS OBVIOUSLY THERE'S LESS REVENUE WHICH TRIMS THAT DOWN.
THEY PASS IT ALONG AS A FEE THAT YOU SEE AT THE OWNER BILL, YOUR BILL.
SO I MEAN, I WOULD KIND OF ARGUE, JUST LIKE ANY TAX OR SERVICE FEE, I MEAN, THE OWNER, THE BUSINESS OWNER IS GOING TO PASS THAT DOWN TO THE USER AND THAT, THAT BUT THEY'RE PAYING THIS FEE TO US IN ORDER TO BE ABLE TO OPERATE, CORRECT, THE COUNTY THE PREMISES THEY HAVE.
I THINK KENT, WAS IT THREE? IT LOOKS LIKE THERE IS A STATUTE CAP AT 5% OF PURSE REVENUE.
[01:00:05]
SO OBVIOUSLY THERE IS A 2% WINDOW THERE THAT WE COULD SQUEEZE AND PUSH INTO, BUT AGAIN, THAT WOULD BE WHAT THEY WOULD BE DOING ON OUR BEHALF THAT WE WOULD MORE THAN LIKELY THEY'RE GOING TO PASS IT ON TO GOING TO ON THE BILL 100% OF THEIR OWN RIGHT PASS IT ON.I MEAN, THE OTHER THING IS DO PEOPLE EVEN KNOW ABOUT THIS? YOU KNOW, IF I WENT THROUGH A PERIOD OF TIME ABOUT TEN YEARS AGO WHERE THE SERVICE, EVERY TIME IT RAINED, I DIDN'T HAVE CABLE SERVICE.
WELL, I DIDN'T KNOW WE HAD A FRANCHISE AGREEMENT WITH THEM WHERE I COULD, AND WHAT WOULD I DO? CALL THE COUNTY ADMINISTRATOR AND SAY, HEY, MY CABLE IS NOT WORKING? [CHUCKLING] PLEASE DON'T DO THAT, [CHUCKLING] BUT UNDER THE CURRENT AGREEMENT, THEY ARE--NOT OUR CURRENT AGREEMENT, THE KENT COUNTY AGREEMENT THAT I HAVE HERE, THEY WOULD BE OBLIGATED TO SEND, I THINK IT'S QUARTERLY REPORTS AND MAINTAIN A LOG OF COMPLAINTS AND ISSUES AND TELL US WHERE THEY'RE HAVING PROBLEMS, AND WE WOULD HAVE ACCESS TO ALL OF THAT. SO YOU WOULD STILL CALL COMCAST, NOT ME, RIGHT, BUT WE WOULD SEE IF THERE WERE PROBLEMS IN A LOT OF AREAS OR IN SPECIFIC AREAS OR GENERALLY. YEAH.
WELL, I'M GOING TO ASK A SILLY QUESTION.
WHY DON'T WE HAVE A FRANCHISE AGREEMENT WITH CHOPTANK? SO ALL OF THE FRANCHISE AGREEMENTS ARE ONLY TO CABLE TELEVISION COMPANIES.
THE INTERNET IS NOT A REGULATED ENTITY.
YOU CANNOT REGULATE THE INTERNET.
CHOPTANK FIBER SATELLITE PROVIDERS ARE NOT REGULATED ENTITIES.
COMCAST CABLE TELEVISION IS A REGULATED ENTITY, BUT NOT NOT NOT NOT COMCAST INTERNET.
IF YOU GET COMCAST I DON'T KNOW EXACTLY HOW THAT WOULD WORK.
I DON'T KNOW OF A CUSTOMER THAT HAS COMCAST INTERNET ONLY.
I DON'T KNOW WHAT THEIR BILL LOOKS LIKE.
TO PRESIDENT. BREEDING COMMENT ABOUT DO THE CUSTOMERS KNOW THIS? IT'S CLEARLY ON THEIR BILL IF THE CUSTOMER SEES IT OR NOT.
I LOOK AT THE NUMBERS AND THEY ARE THEY IF IT DOES SAY THEY ARE GOING TO PASS IT ALONG.
RIGHT. WE ARE AT TO FURTHER SAY YOU GUYS YOU KNOW YOU'RE LOOKING AT INCREASE.
WE CANNOT GO ANY MORE THAN 5%.
THAT IS FEDERALLY WE ARE AT FIVE.
CURRENTLY IT IS FEDERALLY REGULATED TO MAX AT FIVE.
WELL I GUESS IF WE'RE AT THE MAX THEN THAT'S THE ANSWER TO MY QUESTION, BUT TO INCREASE IT ANYWAY, THEY DON'T INCREASE COMCAST, INCREASE THEIR BILL ALL THE TIME ANYWAY.
OUR NUMBER IS GOING TO REMAIN AT FIVE 5% OF YEAH THAT'S THE MAX.
THEY WOULD DEFINITELY WORK WITH OUR IF ANY OF THOSE SORT OF COMPLAINTS REACHED US, WE WOULD HAVE MORE WILL WITH THEM AT THAT POINT. IT WOULD ALSO POSSIBLY GIVE US MORE SERVICE TO GOVERNMENT BUILDINGS.
POSSIBLY. THAT'S POSSIBLY I THINK IT'S IMPORTANT TO MOVE FORWARD WITH THIS SORT OF AGREEMENT.
I THINK IT'S ALWAYS I THINK IT'S ALWAYS A BENEFIT TO HAVE THAT SORT OF BACKUP.
WE HAVE PEOPLE WHO REACH OUT TO YOU ABOUT YOUR COMCAST SERVICE EVER? ABOUT ME? NO. TO YOU ABOUT THEIR COMCAST.
NO, NOT THAT I-- I GUESS WHAT I'M SAYING, WHO WOULD EVEN THINK TO CALL.
[INAUDIBLE] IT'S A VERY UNKNOWN.
YEAH SORT OF SETUP BUT IT'S THAT'S WHY THE FRANCHISE AGREEMENTS IN PLACE.
I MEAN IT'S MORE OF US TO GIVE US TO GIVE US SOME SORT OF LEVERAGE ON THEM.
DO WE HAVE A MAP OF AREAS SERVICED BY COMCAST? HAVE THEY PROVIDED US WITH THAT? BECAUSE THERE'S NOT A LOT OF OVERLAP.
SO CHOPTANK FIBER WAS NOT ALLOWED TO USE GRANT MONEY TO SERVICE AREAS THAT ALREADY HAD INTERNET SERVICE, ISN'T THAT CORRECT? YEAH, WE ARE THE SERVICES, THE SERVICE AREAS.
[01:05:02]
AREA, I'D BE INTERESTED TO SEE THAT.YEAH. BECAUSE WHEN THEY STARTED, WHEN THEY STARTED TELLING PEOPLE ABOUT WHEN THEY WERE GOING TO HOOK THEM UP TO CHOPTANK, THERE WAS SOME CONFUSION ABOUT WE HAD SOME AREAS THAT THEY CALLED DEAD AREAS OR SOMETHING, WHICH THEY WEREN'T SURE IF THEY ALREADY HAD A PROVIDER.
SURE, BUT YEAH, I DON'T HAVE IT.
I DON'T HAVE CHOPTANK AVAILABLE TO ME EITHER, BUT YEAH, I THINK IT WAS CHOPTANK'S MISSION TO ALWAYS SERVE THE UNSERVED FIRST, AND I BELIEVE THAT , I CAN'T COMMENT ON THEM, BUT I WOULD BELIEVE THAT THEY'RE PROBABLY CLOSING IN.
THE BIGGEST PROBLEM THAT I'VE HEARD FROM PEOPLE ABOUT COMCAST BACK IN THE OLD DAYS BEFORE THERE WERE ALTERNATIVES, WAS THAT THEY WOULD NOT PROVIDE SERVICE TO THEM, THAT, YOU KNOW, SOMEONE WOULD LIVE AT THE END OF A ROAD AND THEY PROVIDED IT TO, YOU KNOW, SOMEONE 4 OR 5 HOUSES AWAY AND THEY GO, WELL, WE CAN'T [INAUDIBLE].
RIGHT, AND THERE'S YEAH KENT COUNTY HAD LANGUAGE PUT IN SPECIFIC TO THAT.
COMCAST WAS OBLIGATED TO PROVIDE SERVICE.
YOU COULDN'T JUST SAY, NO, WE'RE NOT GOING TO GO THAT EXTRA WHATEVER, RIGHT? YEAH, AND NOW THAT COMCAST ALSO GOT GRANT MONEY TO PROVIDE INTERNET SIMILAR TO WHAT.
NOT THROUGH THIS COUNTY? NO. THROUGH OTHER COUNTIES.
I'M OKAY WITH DOING THE IF WE'RE ALREADY AT THE MAXIMUM AMOUNT, THEN YEAH, WE ARE THERE.
I DON'T WANT TO BELABOR THIS, BUT--NO, I'D BE CURIOUS TO SEE IF, LIKE IN CERTAIN AREAS, IF THEY DO PROVIDE AN INTERNET ONLY OPTION AND WHAT THAT IS PRICING COMPARABLE TO.
I DON'T KNOW WHAT THE FRANCHISE FEES IF YOU JUST SIGNED UP FOR INTERNET ONLY.
I DON'T KNOW HOW THOSE FRANCHISE FEES LOOK AT THAT POINT, I DON'T KNOW.
ACTUALLY, IN THE KENT COUNTY AGREEMENT, IT ADDRESSES THAT AND IT DOESN'T SHOW INTERNET.
SO THAT'S PROBABLY A QUESTION FOR COHEN AS WELL TOO.
WELL, I WOULD JUST YEAH, I MEAN IN IN OUR INTERNAL DISCUSSIONS WITH COHEN, MAYBE WE SEE, YOU KNOW, CAN YOU BREAK THIS OUT AND IS THERE A WAY THAT WE COULD GIVE RESIDENTS AN INTERNET ONLY OPTION THROUGH THIS, AND MAYBE THERE ALREADY IS ONE.
YEAH, I'M SURE THERE'S PROBABLY AN OPTION, BUT I DON'T KNOW.
I GOT THREE KIDS. IF I GOT RID OF MY COMCAST TV, THEY'D LOSE THEIR MIND.
YEAH. I DON'T KNOW HOW THE FRANCHISE OPTION FOR ME, BUT IN ABOUT FIVE YEARS, I MIGHT BE ABLE.
ALL RIGHT. SO WE MOVE FORWARD WITH I GUESS WE CAN APPROVE THE PURCHASE OF COHEN SERVICES FOR 40,000. I THINK WE, DANNY, WOULD WE PUT IT ON AN AGENDA FOR APPROVAL, OR ARE THEY GOOD TO GO? TECHNICALLY, YES, WE WOULD WANT TO ISSUE A PO FOR COHEN, GET THEM SET UP AS AN ACTIVE VENDOR, AND THEN BRING THAT PO IN AGREEMENT WITH COHEN BACK TO YOU.
OKAY. ON TO OUR NEXT AGENDA ITEM.
[Bryan North, Roads Superintendent, Department of Public Works]
[Discussion of Caroline County 2024 SHA/MDOT Priority Letter]
SHA/MDOT PRIORITY LETTER.MOST OF IT HAS BEEN COMPLETED OR IN THE PROCESS OF BEING COMPLETED.
I'M NOT AWARE OF OTHER PROJECTS YOU'D LIKE TO SEE COMPLETED.
THE IMPROVEMENTS OF RIVER RD AND 404.
THEY DIDN'T MAKE THE TURN LANES, BUT THEY HAVE INDIVIDUAL SIGNALS NOW.
SO EACH SIDE GOES AT DIFFERENT TIMES TURN TOGETHER.
YEAH. SO THAT'S BEEN THAT'S BEEN COMPLETED THERE.
OF COURSE THEY'RE WORKING ON 404 DUALIZATION, STILL WORKING TOWARDS THAT.
THEY PRIORITY C HAD NO RETURN TO 404 SIGNS AT [INAUDIBLE] ROAD AND MITCHELL ROAD.
THEY HAVE NOT BEEN PLACED YET, BUT THE SPEED LIMIT HAS BEEN LOWERED ON MITCHELL ROAD.
THE 25 MILE AN HOUR AND THEN THE OLD CITY LIGHT IS WE JUST REVIEWED.
THE FINAL REVIEW IS DUE BACK JULY 12TH.
[01:10:02]
SO IT'S PROGRESSING ON.I KEEP LOOKING AT MY TRUCK TO SEE IF I GOT A SIGN THAT SAYS PULL OUT IN FRONT OF ME ON THERE, BUT I DON'T HAVEN'T FOUND IT YET, BUT I CAN TELL YOU IN THE LAST WEEK I'VE HAD AT LEAST THREE TIMES PEOPLE HAVE PULLED OUT IN FRONT OF ME THERE WHERE I'VE HAD TO HIT MY BRAKES AND STOP.
WHICH INTERSECTION IS THIS? OIL CITY. YEAH, THE FLASHING LIGHT IS? YES. THAT BLINKING LIGHTS NOT WORTH ANYTHING.
I JUST HOPE IF THEY PUT A RED LIGHT THERE SOMEBODY STOPS AT THE RED LIGHT.
RIGHT, BUT I'M TELLING YOU THAT AREA IS GETTING CRAZIER ALL THE TIME.
THAT'S GOING TO BE THE ISSUE I THINK AT FIRST IS PEOPLE COMING FROM EITHER GREENSBORO, FROM DENTON, NOT STOPPING AT THE LIGHT WHEN IT TURNS RED, BUT HOPEFULLY IT'LL BE SIGNED PROPERLY WELL IN ADVANCE THAT THEY WILL KNOW IT'S NEW TRAFFIC SIGNAL, RIGHT? HOPEFULLY BETTER THAN THE HARMONY RD DETOUR.
YEAH, IT'S ALWAYS JAMMED UP IN FRONT OF [INAUDIBLE].
NOW IT SEEMS LIKE EVERY FRIDAY, SATURDAY AND SUNDAY.
WELL, AS FAR AS THE LETTER MOVING FORWARD, I GUESS DO WE KEEP UNTIL.
DO WE KEEP THE PRIORITIES THE SAME UNTIL THEY ACTUALLY GET THEM FIXED? I KNOW THERE'S WORK GOING TO BE DONE AT RIVER RD AND 404.
THERE'S WORK GOING TO BE DONE AT OIL CITY, BUT IT HASN'T BEEN DONE YET.
SO I THINK WE PROBABLY NEED TO LEAVE BOTH OF THOSE ON THE LETTER.
DUALIZATION OF 404, I WOULD KEEP IT ON THE [INAUDIBLE].
THE PAVING ON 16, FINISHING THAT? YEAH, THEY NEED TO GET RID OF ROUTE 16.
IT'S TERRIBLE, AND WE'RE GOING TO HAVE TO GET IN THE SECRETARY'S EAR ON THAT AND MAKE A WELL, IF WE HAVE THIS DRAFTED, WE CAN GIVE IT TO THEM BECAUSE THEY'RE ASKING FOR IT NOW BEFORE THAT MEETING.
OKAY. SO THAT'S ROUTE 16 PAVING FROM 404 TO HARMONY.
NOT QUITE. HARMONY. YEAH, YEAH, REMAIN ON 404 SIGNS TO STAY ON, BECAUSE PEOPLE DO USE THOSE BACK ROADS TO GET AROUND.
TRAFFIC, AND THEN, LIKE I SAY, ALL CITIES, AND IN THE FINAL DESIGN PART OF IT.
SO WE CAN CHECK AND SEE IF MAYBE THIS FALL, I'LL LEAVE IT ON THERE UNTIL IT'S DONE.
WHAT ELSE DO WE HAVE? WE GOT ANYTHING ELSE, MAJOR? 16 AND 404.
THE TRAFFIC THROUGH PRESTON IS GETTING RIDICULOUS, TOO.
YEAH, BUT THERE'S, I DON'T THINK THERE'S MUCH WE CAN DO THERE.
THE SPEED LIMIT FROM 404 TO MEDIAN HOUSE HAD BEEN LOWERED TO FROM 50 TO 45.
I BELIEVE IT IS WHERE AT? ON THE RIVER ROAD BETWEEN 404 AND 404 BY CHOPTANK ELECTRIC.
IT HAD BEEN 50 REQUESTED IT TO BE LOWERED TO 35 AND IT HAD BEEN LOWERED TO 45.
WE ASKED FOR IT ON 313 COMING INTO DENTON.
WE ASKED FOR IT. I THOUGHT WE ASKED FOR IT FROM FROM THE LIGHT TO THE LIGHT AT 404 GOING PAST. IS THAT WHAT YOU'RE TALKING ABOUT? YES. YES. THAT'S ALL BEEN LOWERED FIVE MILE AN HOUR.
YOU'RE TALKING ABOUT ON DENTON EASTON ROAD, BASICALLY RIVER ROAD FROM CHOPTANK AND SPARKLE.
WE ALSO REQUESTED IT BE LOWERED FROM OIL CITY.
YEAH AND THAT'S 40 MILE AN HOUR AS YOU GET CLOSER TO TOWN BY GOOSE CREEK OR IN THAT AREA.
I THOUGHT 30, BUT I DON'T THINK THAT'S CHANGED ANY.
IT HADN'T CHANGED, BUT I THOUGHT IT WAS 50 THAT WE WERE ASKING TO BE LOWERED TO 40.
FRED HUBBARD WAS BROUGHT IT UP.
YEAH, I THINK I THINK IT IS DOWN TO 35.
LAST TIME I WAS THROUGH THERE, I THOUGHT I THINK IT IS 35.
DO WE HAVE ANY I MEAN I WASN'T ABLE TO ATTEND THE LAST 404 DUELING MEETING, BUT, I MEAN, WAS THERE ANYTHING SUBSTANTIAL THAT CAME OUT OF THAT? OR IF IT'S JUST THE SAME OLD [INAUDIBLE] WHEN WE HAVE THE MONEY, I BELIEVE WE STILL HAVE TO FORWARD THE DIFFERENT OPTIONS TO GO? I DON'T THINK ANYTHING'S CHANGED.
I'M NOT AWARE OF THE FUNDING CHANGES.
[01:15:03]
THEY THEY HAD NO MONEY.THEY SAT THERE AND SAID, WE DON'T IT'S NOT GOING TO HAPPEN IN THE NEAR FUTURE.
YEAH. WELL, BECAUSE WE'VE HAD SOME CONCERNS OR COMPLAINTS FROM CITIZENS HIGHWAY CONCORD AREA WITH THAT GETTING ON THE 404 AND SOME OF THE DESIGNS THEY HAD.
SO THEY HAD J-TURN AS OPPOSED TO A STRAIGHT INTERSECTION.
YEAH. WE FOUGHT THE J-TURN FIGHT.
SO OKAY, SO SAME PRIORITIES, AND THEN ADD THE 16 PAVING.
SO I'LL WORK WITH PUBLIC WORKS, DRAFT IT, BRING IT BACK TO YOU.
YOU HAVE MAYBE TILL LIKE THE END OF JULY AND IF YOU THINK OF ANYTHING ELSE WE CAN ADD TO IT.
OH, I THINK THEY WANT IT BEFORE.
YEAH, WELL, BUT, I MEAN, JUST MESSAGE ANYTIME YOU THINK WE WANT.
IT WAS ACTUALLY SUPPOSED TO BE DONE IN APRIL, WASN'T IT? I DON'T KNOW, BECAUSE WHEN I WAS AT THAT 404 MEETING, THE GUY SAYS, WHY HAVE YOU TURNED IN YOUR PRIORITY LETTER? OH, I DON'T KNOW. I TOLD HIM, I SAID NOTHING'S CHANGED.
I SAID, WE STILL NEED 404 DUALIZED.
WE'LL GIVE THEM WHAT WE'RE SUPPOSED TO.
WE WANT THEM TO GIVE US WHAT THEY'RE SUPPOSED TO.
SO I WANT A MORE DEFINITE TIME FRAME ON THE TURN LANES AT RIVER ROAD, AND I WANT A MORE DEFINITE TIME FRAME OIL CITY LIGHT.
I DON'T WANT TO HEAR ABOUT THIS.
MAYBE, I MEAN, IT'S MID-SUMMER NOW, SO THEY SHOULD HAVE A DEFINITIVE TIME.
THERE'S A LIGHT THERE. I MEAN, YOU KNOW, YOU CHANGE THE LIGHTS.
IT'S NOT REINVENTING THE WHEEL, ROCKET SCIENCE.
NEXT UP, LEGISLATIVE SESSION, INTRODUCTION AND FIRST READING OF EMERGENCY LEGISLATION.
[Legislative Session: Introduction & First Reading –Emergency Legislation]
SO I'LL TURN IT OVER TO COUNTY ATTORNEY STEWART BARROLL.THANK YOU VERY MUCH, COMMISSIONER.
[• Legislative Bill #2024-004, Chapter 175– Zoning – Article XXVI – Reasonable Accommodation Procedure]
THIS IS A FIRST READING OF LEGISLATIVE BILL 2024-004, WHICH IS CHAPTER 175, ZONING SECTION 175.IT CREATES A NEW ARTICLE 26, IN THAT CHAPTER, WHICH IS ENTITLED REASONABLE ACCOMMODATION PROCEDURE.
THIS IS AN EMERGENCY ACT TO CREATE ARTICLE 26 REASONABLE ACCOMMODATION PROCEDURE OF CHAPTER 175 ZONING OF THE CODE OF PUBLIC LOCAL LAWS OF CAROLINE COUNTY, MARYLAND, TO PROVIDE REASONABLE ACCOMMODATION PROCEDURES FOR DISABLED PERSONS UNDER THE FAIR HOUSING ACT AND THE AMERICANS WITH DISABILITIES ACT.
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS.
THE BACKGROUND HERE IS THAT ON OCCASION PLANNING AND CODES GETS APPROACHED BY A RECOVERY RESIDENCE.
THIS IS A GROUP HOME FOR PEOPLE THAT HAVE BEEN DIAGNOSED AS HAVING ADDICTIVE DISORDERS, AND THEY ARE LIVING, EXCUSE ME? LIVING TOGETHER AS PART OF THEIR ATTEMPT TO RID THEMSELVES OF THE ADDICTION UNDER THE FEDERAL ACTS, WHICH I'VE REFERRED TO HERE, A LOCAL GOVERNMENT SUCH AS OURSELVES WOULD BE REQUIRED TO, UPON REQUEST, DETERMINE WHETHER OR NOT A REASONABLE ACCOMMODATION.
SOME RELAXATION OF OUR RULES WOULD BE APPROPRIATE SO THAT THE DISABLED PEOPLE CAN BE SERVED, AND THIS IS NOT LIMITED TO GROUP HOMES.
IT IS ALSO FOR AN INDIVIDUAL WHO MAY NEED A WHEELCHAIR RAMP OR SOMETHING LIKE THAT, BUT THEIR HOME IS LOCATED IN A SITUATION WHERE NORMALLY WE WOULD SAY, NO, YOU CAN'T DO THAT FOR WHATEVER REASON.
WE WOULD BE ABLE TO SAY YES BECAUSE THIS LADY DEFINITELY NEEDS THIS WHEELCHAIR ACCESS.
THIS IS HER HOME. IT ALLOWS HER TO CONTINUE TO LIVE IN HER HOME.
WE WILL ALLOW THIS, AND SO WHAT? THIS PROPOSED BILL DOES IS OUTLINE THE PROCEDURE WHERE A PERSON WOULD COME TO THE EQUIVALENT EXCUSE ME, RIGHT NOW IT'S CRYSTAL WITH A REQUEST DESCRIBING WHAT IS THE SITUATION, WHAT ARE THE REASONS WE NEED THE REQUEST, AND WHAT ARE THE ACCOMMODATIONS WE ARE REQUESTING YOU TO GRANT US? THIS IS BEST PRACTICES.
NOT EVERY LOCAL GOVERNMENT HAS THIS.
NOT EVERY CITY OR TOWN HAS THIS, BUT RESEARCH REVEALS THAT IT'S A GLARING SOURCE OF POTENTIAL FEDERAL LIABILITY FOR YOU NOT TO HAVE A PROCEDURE IN PLACE.
[01:20:01]
IN OTHER WORDS, INSTEAD OF IT JUST BEING A PHONE CALL TO CRYSTAL.SO I HIGHLY RECOMMEND THAT THIS BE BE ENACTED.
IF AT THE PLANNING COMMISSION LEVEL IT WAS DISAPPROVED OR THE PERSON WAS NOT GRANTED THE FULL ACCOMMODATION, THERE WOULD BE AN APPEAL WITH A TRANSCRIPT HAVING BEEN DONE OF THE PLANNING COMMISSION PROCEDURE, PROCEDURE, AND IT WOULD COME TO YOU AND YOU ALL WOULD HAVE THE OPPORTUNITY TO REVIEW THE WHOLE SITUATION AND DECIDE WHETHER YOU WERE GOING TO DO SOMETHING DIFFERENTLY.
THE WAY I'VE DRAFTED IT, AND IT'S AN OPTIONAL PROCESS HERE, IS THAT THE ONLY PERSON WHO IS ABLE TO APPEAL IS THE PERSON WHO WAS SEEKING REASONABLE ACCOMMODATION, NOT A NEIGHBOR WHO MIGHT HAVE ATTENDED THE PLANNING COMMISSION, YOU KNOW, FILED A LETTER OF OBJECTION OR STOOD UP AND ARGUED AGAINST HAVING A GROUP HOME NEXT TO MY DAYCARE OR SOMETHING, YOU KNOW, BUT THAT PERSON UNDER THE WAY I'VE WRITTEN THIS WOULD NOT HAVE THE RIGHT TO APPEAL TO YOU. IT WOULD ONLY BE THE PERSON WHO HAS REQUESTED A REASONABLE ACCOMMODATION.
SO THAT IS, YOU HAVE AN OPTION THERE.
YOU CAN LEAVE IT AS IS, AND YOU CERTAINLY DON'T HAVE TO MAKE A DECISION TODAY ON IT, BUT THAT'S AN AMENDMENT THAT YOU COULD YOU COULD CONSIDER YOU YOU WOULD OPEN IT UP TO APPEALS BY PEOPLE WHO PARTICIPATED IN THE PLANNING COMMISSION HEARING BELOW.
SOME REASONABLE ACCOMMODATION, WHAT IF THE ACCOMMODATION THAT NEEDED TO BE MADE WAS WITHIN OR COVERED UNDER A STATE LAW? FOR INSTANCE, CRITICAL AREA THEY WOULD NEED TO MAKE, AND IT'S PROVIDED FOR IN HERE THAT IF THERE'S ANOTHER AUTHORITY OVER A SPECIFIC LIKE CRITICAL AREAS.
IN FACT, I EVEN MENTIONED CRITICAL AREAS, THEY WOULD HAVE TO DO A SEPARATE APPLICATION TO WHATEVER BODY WOULD MAKE THAT CALL FOR THAT ACCOMMODATION, FOR THAT ACCOMMODATION, AND THOSE ARE OFTEN DONE.
I MEAN, LIKE THE WHEELCHAIR RAMP COULD HAVE BEEN ON A WATERFRONT HOME, RIGHT, AND NORMALLY WE WOULDN'T LET ANYBODY DO ANYTHING IN THAT BUFFER, BUT THE OTHER THING IS, ONCE THE ACCOMMODATION IS NO LONGER NECESSARY FOR THE PROPERTY, THE ACCOMMODATION GETS REMOVED AND IT HAS TO BE [INAUDIBLE] WITH THE PROPERTY, RIGHT, WITH THE SALE OF THE PROPERTY.
SO WHAT IS THE TEST FOR A GROUP HOME LIKE IF WE HAD A GROUP HOME CAME IN, SAID I WANT TO GO IN A RURAL COUNTY SUBDIVISION, SAY ONE ACRE LOT SOMEWHERE COLLINSWOOD OR HIDDEN WOODS BACK OR THE OLD COUNTRY CLUB WAS OR ANY OF A DEVELOPMENT LIKE THAT, WHERE IT WAS ONE ACRE LOTS, ACRE AND A HALF LOTS, SINGLE FAMILY RESIDENCES.
WE WANT TO PUT EIGHT PEOPLE IN THAT HOME WE ALREADY HAVE.
WHAT WHAT IS THE TEST THAT THE PLANNING COMMISSION AND ULTIMATELY THIS BOARD WOULD HAVE TO WEIGH. SHOULD WE ALLOW THE ACCOMMODATION OR SHOULDN'T WE? WELL, THERE'S A NUMBER OF CRITERIA WHICH THE FEDERAL LAW PRESCRIBES IN WHICH I'VE PUT INTO THE DRAFT ORDINANCE THE FACTORS THAT THE COMMISSION OR THIS BOARD WOULD REVIEW AND KIND OF LIKE A JUDGE, YOU'RE WEIGHING THE DIFFERENT FACTORS THAT ARE OUTLINED IN THE LAW TO DETERMINE WHETHER WHAT IS REASONABLE IT MIGHT NOT BE.
IT MIGHT BE THAT THE NUMBER OF RESIDENTS IS NOT REASONABLE, THAT THEY'RE REQUESTING THEY'RE REQUESTING 12 TO LIVE IN WHAT WAS A HOUSE AT ONE TIME, A FAMILY HOME.
THEY NOW WANT TO PUT 12 PEOPLE IN THERE.
IT MIGHT BE THAT THE WHEN EVERYTHING IS LOOKED AT BY BY THE PLANNING COMMISSION AND PLANNING AND CODES, THAT THE NUMBER COMES BACK AT EIGHT AND WE WILL GRANT YOU A REASONABLE ACCOMMODATION OF EIGHT, AND HERE ARE THE REASONS WHY, AND BY FOLLOWING THE CRITERIA IN THIS BILL, YOU IT ALMOST WRITES YOUR OPINION FOR YOU.
YOU WILL HAVE COMMENTS ON EACH OF THE FACTORS.
IT'S NOT A LITMUS TEST WHERE IF THIS THEN THAT.
YOU LOOK AT WHENEVER I IN MY BUSINESS EXPERIENCE, WHEN I HEAR REASONABLE ACCOMMODATIONS, I, OF COURSE AUTOMATICALLY REFER BACK TO RENTAL HOUSING WHERE SOMEONE WOULD COME IN AND SAY, I NEED TO HAVE A I CAN'T GET IN MY TUB, SO I HAVE TO HAVE A WALK IN SHOWER, AND
[01:25:09]
, YOU KNOW, THOSE WERE SITUATIONS WHERE WE WERE REQUIRED TO DO THAT UNLESS WE HAD TO CHANGE THE STRUCTURAL, THE STRUCTURE OF THE OF THE PROPERTY.IN OTHER WORDS, WE WEREN'T GOING TO WE WEREN'T REQUIRED TO GO JACKHAMMER FLOORS UP, AND.
HOW DOES THIS APPLY, FOR EXAMPLE, TO THIS BUILDING? IF SOMEONE COMES AND SAYS, I HAVE A REASONABLE I WANT YOU TO MAKE A REASONABLE ACCOMMODATION FOR ME TO COME INTO THIS BUILDING TO DO SOMETHING, WHERE DOES IT STOP? I GUESS THAT'S BECAUSE I KNOW WHERE IT STOPS ON THE RESIDENTIAL SIDE.
I'M JUST NOT CLEAR WHERE IT STOPS HERE.
I THINK REASONABLE ACCOMMODATIONS HAVE ALREADY BEEN ACCOMPLISHED IN THIS BUILDING IF I YOU NOTICED THE RAMP OUT THERE, RIGHT? RIGHT. SO, AND THERE'S ELEVATORS AT TIMES, LIKE THE QUEEN ANNE'S COUNTY COURTHOUSE, THEY HAD A LAWYER WHO WAS A WHEELCHAIR BOUND ATTORNEY IN CENTERVILLE, AND THEY FOR HIM ALONE, THE COMMISSIONERS PUT IN AN ELEVATOR AT THE REAR OF THIS IS OF THE OLD QUEEN ANNE'S COUNTY COURTHOUSE.
THOSE ARE THE KIND OF THINGS THAT YOU YOU DO, AND THAT WAS FOR ONE LAWYER, ALTHOUGH IT MADE SENSE BECAUSE HE'S NOT GOING TO BE THE ONLY WHEELCHAIR BOUND PERSON WHO WOULD NEED TO GET, YOU KNOW, TO THE SECOND FLOOR OF THE COURTHOUSE.
THEY DIDN'T HAVE AN ELEVATOR, SO THEY BUILT ONE.
REASONABLE IS BASICALLY SOMETIMES IN THE EYE OF THE BEHOLDER AS TO WHETHER THE ACCOMMODATION MEETS.
I GUESS MY QUESTION STEWART IS WHERE I KNOW WHERE THE CUT OFFS WERE FROM A RESIDENTIAL STANDPOINT.
I'M NOT SURE WHERE THEY ARE HERE.
SO I MEAN, IF WE COULD SHOW WE MADE EVERY CERTAINLY MAKE EVERY ATTEMPT TO DO THE REASONABLE, BUT WHEN IT BECAME UNREASONABLE FROM A COST STANDPOINT OR FROM A STRUCTURAL STANDPOINT, THAT'S WHEN YOU HAD TO SAY NO.
KEEP IN MIND THIS COUNTY OWNS DOES OWN CURRENTLY A RESIDENTIAL COMPLEX COULD COULD FALL INTO THOSE, YOU KNOW, REASONABLE ACCOMMODATIONS THERE. SO I'M JUST TRYING TO CLARIFY IN MY MIND BETWEEN PRIVATE AND WHAT WE'RE DEALING WITH.
SO I KNOW SOME OF THIS MAYBE WAS GENERATED BY THE RECOVERY PLACE THAT SAID THAT THEY DIDN'T HAVE TO DO THE SMOKE DETECTORS AND, YOU KNOW, THE NORMAL FIRE STUFF.
COULD THAT BE CONSTRUED AS A REASON? I MEAN, WHERE HOW WOULD WE DEAL WITH THAT? WELL, NOT TO GET DOWN A RABBIT HOLE, BUT THE STATE FIRE MARSHAL'S OFFICE IS TAKING A HANDS OFF POSITION WHEN IT COMES TO DOING SAFETY INSPECTIONS FOR THESE TYPE OF RECOVERY HOMES, BECAUSE THEY HAVE BEEN SUED IN OTHER STATES IN FEDERAL COURT FOR FAILURE, WHICH IS ABSOLUTELY RIDICULOUS.
WHERE ELSE WOULD YOU NEED FIRE PROTECTION OR FIRE? YOU KNOW, ALERT SYSTEMS, THEN IN A GROUP HOME? SERIOUSLY? I MEAN, WHERE ELSE WOULD YOU NEED THEM MORE THAN THERE? SO THIS ONLY SO APPLICABILITY, HE'S SAYING REASONABLE ACCOMMODATION.
THIS WOULD ONLY APPLY TO LAND USE ZONING AND BUILDING CONTEXT.
MEANING DEVELOPERS? IT'S ON A CASE BY CASE BASIS, YOU'RE PRETTY MUCH SAYING.
ABSOLUTELY. SO THAT'S WHERE THE CUTOFF IS CASE BY CASE, IT NEEDS TO BE.
IT HAS TO BE. IT'S NOT ONE SIZE FITS.
ALL RIGHT. THE OTHER THING TO BEAR IN MIND, USING YOUR HYPOTHETICAL ABOUT A RESIDENTIAL NEIGHBORHOOD THAT'S A SUBDIVISION, AND SOMEBODY PURCHASES A HOME THERE AND THEN SAYS, I'M GOING TO BRING IN 12 PEOPLE TO LIVE IN THIS HOME.
YEAH, AND ARE YOU CARRYING OUT A COMMERCIAL ENTERPRISE IN A RESIDENTIAL NEIGHBORHOOD? NOW, ALL WE CAN WORRY ABOUT IS THE GOVERNMENT'S ROLE IN THAT, BUT THE NEIGHBORS AND THE DEVELOPER AND ALL THAT OF THAT NEIGHBORHOOD MAY HAVE OTHER AVENUES AVAILABLE TO THEM.
I MEAN, I THINK THE EXAMPLE OF THE WHEELCHAIR RAMP IN A CRITICAL AREA IS A GOOD ONE.
I MEAN, I THINK I MEAN, I'M ON THE CRITICAL AREAS COMMISSION, SO I KNOW THAT WOULD COME, BUT I THINK THAT'S A REASONABLE WOULD BE, BUT AGAIN, AS YOU SAID, I MEAN, WHEN THAT PERSON MOVES IT'S GOT TO COME OUT, WHICH IT'S, YOU KNOW, EXPENSE AS WELL, BUT OKAY.
[01:30:09]
I MEAN, THE BENEDICTINE SCHOOL HAS GROUP HOMES AND SUBDIVISIONS, AND THEY, THEY, THEY ACCOMMODATE, BUT THEY STAY BELOW FOUR THEY STAY BELOW, AT OR BELOW OUR FOUR UNRELATED PERSONS PER DWELLING.I DON'T KNOW I, STILL CAN'T GET THROUGH THE FACT THAT SOMEONE, SOME JUDGE, WOULD RULE THAT YOU DON'T HAVE TO HAVE AT LEAST NORMAL FIRE PROTECTION IN A GROUP.
THAT JUST AMAZES ME, BUT I'LL RESERVE MY COMMENT, BUT THIS, I MEAN, THIS PROCEDURE ESSENTIALLY DOESN'T IT WON'T PREVENT US FROM POSSIBLY BEING SUED FOR NOT GRANTING A REASONABLE ACCOMMODATION, BUT INSTEAD OF IT JUST BEING A DIRECTOR SAYING, NO, WE'RE NOT GOING TO GRANT IT, AT LEAST WE CAN SHOW A FEDERAL JUDGE IF IT EVER DID GET THERE, THAT WE HAVE A PROCEDURE IN PLACE, AND THESE ARE THE REASONS WHY WE DIDN'T GRANT THE ACCOMMODATION.
CORRECT. CORRECT. OKAY, SO ARE WE ARE WE GOOD TO INTRODUCE THIS? YOU WANT TO READ IT SOME MORE AND THINK ABOUT IT SOME MORE AND INTRODUCE IT NEXT MEETING OR I WOULD RATHER I'D LIKE TO THINK ABOUT IT SOME MORE.
ALL RIGHT, AND THIS HAS WE DID DISCUSS THIS AT THE PLANNING COMMISSION.
IT DID COME OUT OF PLANNING COMMISSION WITH A FAVORABLE RECOMMENDATION, CORRECT, WITH AN AMENDMENT TO INCLUDE SOME PROVISIONS REGARDING RECOVERY RESIDENCES.
THERE IS A WHAT WAS THAT ASSOCIATION? IT WAS SECTION ON PAGE ON PAGE FOUR SUBSECTION 12, AND THIS IS A LAUNDRY LIST OF THINGS THAT WE WOULD WANT THE RECOVERY HOME TO HAVE GENERATED AND ATTACHED AS PART OF THEIR APPLICATION AND THIS AND THESE STANDARDS COME FROM THE NATIONAL ALLIANCE FOR RECOVERY RESIDENCES.
YES. SO IT'S ESSENTIALLY YOU KNOW, THESE RECOMMENDATIONS, IT'S NOT JUST SOMETHING THAT THE PLANNING COMMISSION OR STEWART ACTUALLY BROUGHT THIS FORWARD, JUST CAME UP WITH.
IT IS RECOMMENDED BY THIS ALLIANCE THAT ANY PROPERLY OPERATING RECOVERY RESIDENCE SHOULD MEET THESE CRITERIA.
OKAY. NEXT ITEM, AND I THINK WE HAVE SOMEONE HERE WHO MIGHT WANT TO SPEAK ON THIS, WHICH I AM FINE WITH HAVING A BRIEF COMMENT PERIOD FOR THIS IS THE COUNTY COMMISSIONERS THIS IS LEGISLATIVE BILL
[• Legislative Bill #2024-005, New Chapter 128—Food Processing Residuals Storage Permit]
2024-005 DEAF OR FOOD PROCESSING RESIDUAL STORAGE PERMIT.SO, STEWART, DO YOU WANT TO GIVE US A LITTLE BACKGROUND ON THIS ONE? YES. THIS LEGISLATION ARISES OUT OF ACTUALLY A COUPLE OF SOURCES.
ONE IS THE EXPERIENCE IN THIS COUNTY WITH RESPECT TO COMPLAINTS ABOUT INSECTS AND ODOR FROM RESIDENTS OF CAROLINE COUNTY WHO ARE NEAR FACILITIES THAT STORE ON A COMMERCIAL BASIS THIS FOOD PROCESSING RESIDUAL THAT IS COMING FROM CHICKEN PROCESSING PLANTS.
IT ALSO COMES FROM A NEW STATUTE PASSED BY THE GENERAL ASSEMBLY AND APPROVED BY GOVERNOR MOORE WHICH SETS UP A FRAMEWORK FOR A PERMIT TO BE ISSUED BY THE DEPARTMENT OF AGRICULTURE FOR ANYONE WHO WISHES TO APPLY FOOD PROCESSING RESIDUALS IN THE STATE AND WHAT WE HAVE, OBVIOUSLY, THIS COUNTY MONITORED THAT THE PROGRESS OF THAT LEGISLATION THE WHOLE TIME.
WE DECIDED TO SOMEWHAT MIRROR THE STATE PROCEDURE BECAUSE THE STATUTE EXPRESSLY STATES THAT AS PART OF THE APPLICATION FOR THE PERMIT TO APPLY FOOD PROCESSING RESIDUALS IN THE STATE OF
[01:35:07]
MARYLAND, THE APPLICANT HAS TO SHOW EVIDENCE THAT THEY HAVE OBTAINED ALL LOCAL COUNTY APPROVALS FOR THE STORAGE OF THE MATERIAL.SO WE HAVE DRAFTED HERE A PROPOSED FOOD PROCESSING RESIDUALS STORAGE PERMIT.
THE SUMMARY OF IT IS THAT THIS IS AN ACT FOR THE PURPOSE OF ESTABLISHING A FOOD PROCESSING RESIDUALS STORAGE PERMIT, PROHIBITING A PERSON FROM STORING FOOD PROCESSING RESIDUALS IN CAROLINE COUNTY UNLESS THE PERSON OBTAINS A PERMIT.
CREATING STANDARDS FOR STORAGE OF FOOD PROCESSING RESIDUALS.
REQUIRING THE DEPARTMENT OF PLANNING AND CODES TO PROVIDE CERTAIN NOTICES AND INFORMATION TO CERTAIN PERSONS, ESTABLISHING THE FOOD PROCESSING RESIDUALS ADMINISTRATION FUND AS A SPECIAL NON LAPSING FUND.
PROVIDING FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THIS CHAPTER, GENERALLY RELATING TO FOOD PROCESSING, RESIDUALS, STORAGE PERMITS AND MAKING THIS ACT AN EMERGENCY BILL BY ADDING TO THE CODE OF PUBLIC LOCAL LAWS OF CAROLINE COUNTY.
NEW CHAPTER 128 FOOD PROCESSING RESIDUALS STORAGE PERMIT.
THIS HAS NOT MADE IT TO PLANNING COMMISSION YET.
IT IS ON OUR AGENDA FOR TOMORROW NIGHT TO RECEIVE A RECOMMENDATION FROM THEM WHICH WE COULD STILL INTRODUCE THIS TODAY AND TAKE THEIR RECOMMENDATION INTO CONSIDERATION EITHER WITH PASSAGE OR AMENDMENT OF THIS BILL AFTER THE REASON FOR ITS EMERGENCY STATUS IS THE STATE PLANS AS OUR UNDERSTANDING PLANS TO START ISSUING PERMITS OR ACCEPTING APPLICATIONS, I SHOULD SAY, IN THE NEXT COUPLE OF WEEKS.
WITH I'M ASSUMING PERMIT APPROVALS IN SOME TIME AFTER THAT.
SO THAT'S WHY WE ARE TRYING TO GET OUR REGULATIONS IN PLACE.
I WILL ADD THAT I DID RECEIVE A CALL A COUPLE OF WEEKS AGO UP IN GOLDSBORO.
WHAT'S THAT? WOLF ROAD. THAT'S GOLDSBORO.
YEAH, RIGHT. WOLF ROAD, WHERE THEY HAD RECENTLY SPREAD FOOD PROCESSING RESIDUALS ON THE FIELD NEXT TO THIS GENTLEMAN'S RESIDENCE, AND I RODE UP TO SEE THE EFFECTS, AND THERE WERE A CONSIDERABLE, CONSIDERABLY LARGE AMOUNT OF FLIES IN HIS BACKYARD AND ALL AROUND HIS HOUSE.
HE DIDN'T NECESSARILY COMPLAIN ABOUT THE SMELL.
UNLESS HE WAS DUMPING HIS GARBAGE BACK IN HIS WOODS.
SO IT IS STILL AN ISSUE FOR A LOT OF RESIDENTS IN THE COUNTY, AND THAT IS WHY WE HAVE TAKEN A.
I THINK A VERY HARD LINE STANCE THAT YOU'RE NOT GOING TO BE ABLE TO AFFECT YOUR NEIGHBORS, AND I THINK THAT THIS BILL HAS ENOUGH PROTECTIONS TO ALLOW US TO PROTECT NEIGHBORS OF THESE TYPES OF FACILITIES, AND THAT'S WHAT THE GOAL IS.
THAT'S WHAT THE GOAL WAS, BUT DID YOU WANT TO SAY ANYTHING? NO. I THINK YOU KNOW, I KNOW THAT THERE'S BEEN A, YOU KNOW, HOLLY, I HAD A VERY SPIRITED CONVERSATION ABOUT THIS YESTERDAY, AND I THINK THAT YOU KNOW, I THINK AS ELECTED OFFICIALS, YOU YOU HAVE THE ABILITY TO DO A COUPLE OF THINGS.
I GO BACK TO THE FACT THAT WE HAD PEOPLE WHO CAME IN HERE OVER A PERIOD OF TIME TO OUR MEETINGS, AND THEN WE HAD A PUBLIC HEARING THAT I THINK WAS THE LARGEST ONE THAT I'VE EVER BEEN INVOLVED IN SINCE I'VE BEEN AROUND HERE, AND I THINK THE CONCERNS WERE LEGITIMATE.
WE'VE ALL BEEN TO THE PROPERTIES.
WE'VE ALL GONE AND LOOKED AT THEM, AND I THINK THAT THE, THE DETERMINATION COMES DOWN TO, DO WE JUST SET UP HERE AND SAY, WELL, I DON'T WORRY ABOUT IT.
OR DO WE PUT IMPLEMENT PLANS TO TRY AND ALLEVIATE THIS SITUATION, WHICH IS IN SOME
[01:40:02]
CASES PROHIBITING PEOPLE FROM EVEN ENJOYING THEIR OWN PROPERTY.WE'RE GOING TO COME DOWN TO A RIGHT TO FARM.
THIS IS WHERE THIS ALL COMES FROM.
I DO NOT BELIEVE THAT REGULATION OF STORAGE OF MATERIAL THAT IS SHIPPED INTO THIS COUNTY FROM FOOD, FROM POULTRY PROCESSING PLANTS THAT ARE NOT EVEN LOCATED IN THIS COUNTY AND PUT INTO PITS THAT ARE NOT EVEN CHECKED OR THE PERSON BRINGING THIS MATERIAL OR THE PERSON GENERATING THIS MATERIAL DOES NOT EVEN GO TO THE DUE DILIGENCE OF FINDING OUT IF THESE ARE SAFE, IF THEY ARE IN ANY WAY CONFORMING.
TO ME THAT IS NOT RIGHT TO FARM.
WE HAVE AN ATTORNEY GENERAL OPINION TO THAT EFFECT.
I BELIEVE IT'S THE SECRETARY OF AGRICULTURE AGREES WITH US.
THAT'S NOT WHAT WHAT WE'RE INVOLVED IN, BUT WE COULD SIMPLY SET UP HERE AND IGNORE WHAT THE HOW MANY PEOPLE CAME TO THAT HEARING? 200, 300 PEOPLE CAME AND JUST CLOSE OUR EYES AND, YOU KNOW, SHUT OUR EARS, BUT NOT WHAT I'M GOING TO DO.
SO IT'S BEEN INDICATED TO, TO ME, WELL, YOU'RE GOING TO GET SUED.
WELL, WE'VE BEEN SUED BEFORE AND WE'LL BE SUED AGAIN, BUT THIS STORAGE OF THIS MATERIAL THAT'S DONE IN A WAY THAT IT ADVERSELY AFFECTS OTHER PEOPLE'S PROPERTY DOES NOT, IN MY OPINION, FALL UNDER RIGHT TO FARM AND I AM THAT'S MY POSITION, AND YOU KNOW, IS THIS LENGTHY? YEAH. IS IT LENGTHIER THAN OTHER COUNTIES HAVE IMPLEMENTED? YEAH, BUT I DON'T REPRESENT OTHER COUNTIES.
I DON'T YOU KNOW, THEY DO WHAT THEY DO.
ARE THERE PARTS OF THIS THAT WE MAY GO BACK AND TALK ABOUT REVISING? SURE, BUT I THINK THAT THE CONCERNS THAT THE PEOPLE BROUGHT INTO US ARE LEGITIMATE.
I THINK THE CONCERNS EXPRESSED BY THE PEOPLE AT THAT HEARING THAT WE HAD ARE LEGITIMATE, AND I THINK WE WOULD BE REMISS IF WE DIDN'T ADDRESS THEM. SO THAT'S WHAT I GOT.
THANK YOU. YEAH. COMMISSIONER BARTZ.
I CONCUR WITH COMMISSIONER PORTER, I BELIEVE THE APPLICATION PART OF IT FALLS UNDER THE RIGHT TO FARM ACT, WHICH WE ARE NOT TOUCHING HERE, MAINLY THE STORAGE AND THE STATE PERMIT RULES ARE THEY DRAW A HARD LINE IN THE SAND AS WELL, SAYING THAT, YOU KNOW, JUST THE PERMIT PROCESS ALONE IS A LENGTHY DRAWN OUT PROCESS THAT, YOU KNOW, YOU HAVE TO GET A PERMIT TO EVEN APPLY IT.
SO, I MEAN, TO SAY WE'RE THE ONLY ONE DRAWING THE HARD LINE HERE IS NOT NOT THE CASE.
SO I THINK THE RIGHT TO FARM FALLS ON THE APPLICATION, AND THE STATE IS CLEARLY, YOU KNOW, PUT THEIR FOOT DOWN BECAUSE I THINK THEY HEARD FROM THE CITIZENS AS WELL.
SO, I MEAN IF YOU LOOK AT THE PEOPLE USING IT VERSUS THE PEOPLE NOT USING IT, I THINK THEY'RE WELL, THE ONES THAT ARE NOT USING ARE WELL, WELL, WELL IN THE MAJORITY AND YOU KNOW, THE FEW THAT ARE USING IT IS IN THE MINORITY WAY, YOU KNOW.
SO, I MEAN, THAT BEING SAID I THINK, YOU KNOW, IT'S OUR DILIGENCE TO DO THIS FOR THE CITIZENS TO PROTECT, PROTECT THIS BECAUSE OF SOME OF THESE TANKS THAT ARE BEING STORED IN ARE ANTIQUATED.
THEY'RE NOT BEING CHECKED YOU KNOW, 50, 60 YEARS OLD, YOU KNOW, DEFINITELY NOT SAFE.
ALL RIGHT. ONE RECOMMENDATION THAT I DO HAVE AS OPPOSED TO US REQUIRING THAT WE RECEIVE THE NUTRIENT MANAGEMENT PLANS FROM ANYONE WHO WANTS TO STORE.
I THINK WE SHOULD PROBABLY ASK FOR A CERTIFIED.
WE GENERATE A FORM WITH A CERTIFICATION FROM THE NUTRIENT MANAGEMENT PLAN PREPARER THAT SAYS THE INFORMATION THAT WE NEED, INSTEAD OF THEM HAVING TO GIVE US THE ENTIRE PLAN, WE JUST SAY, ALL RIGHT, PREPARE.
[01:45:02]
ORDER TO APPLY ONE YEAR'S WORTH OF PRODUCT.TO AVOID THAT WHOLE CONUNDRUM OF GETTING INTO THE NUTRIENT MANAGEMENT PLANS, IF THAT MAKES SENSE.
SO IT'S A CERTIFIED BASICALLY, IT'S GOING TO BE AN AFFIDAVIT UNDER PENALTY OF PERJURY.
YEAH THAT YOU PROVIDE US WITH THE NUMBER OF ACRES YOU PLAN TO APPLY IT TO.
AT WHAT RATE? SO THAT WE KNOW THAT YOU'RE NOT STORING, YOU KNOW, FOR SOMEONE ELSE OR, YOU KNOW, COMMERCIALLY STORING MORE THAN YOU NEED TO. SOMETIMES THE USER IS THE PREPARER.
RIGHT. DOES THAT RAISE ANY CONCERNS ON YOUR PART THAT THE PERSON YOU MEAN, AS LONG AS AS LONG AS WE CAN SEND IT TO THE DEPARTMENT OF AGRICULTURE FOR VERIFICATION. I'M ASSUMING THEY TURN IT IN? YEAH. OKAY. WE TURN IT IN TO MAKE SURE THAT THE, YOU KNOW, PREPARE, PROVIDE TRUTHFUL INFORMATION.
I DON'T KNOW IF THE DEPARTMENT OF AGRICULTURE WILL BE WILLING TO TELL US IF THEY DID OR DIDN'T OR NOT, BUT YOU MEAN TO THE USER DOES THEIR NUTRIENT MANAGEMENT? YEAH, THE FARMER DOES THEIR OWN NUTRIENT MANAGEMENT PLAN.
I'VE BEEN TOLD THAT THERE ARE SOME PEOPLE THAT I DON'T KNOW WHETHER THAT'S TRUE OR NOT I MEAN, NOT, YEAH, BUT I THINK WE AMEND IT TO DO THAT AS OPPOSED TO AS FOR THE ENTIRE PLAN.
SO, HOLLY, I'M SURE YOU'RE HERE FOR THIS.
IF YOU WANT TO SAY SOMETHING, SAY A FEW THINGS.
YOUR THOUGHTS, YOU'RE WILLING TO LISTEN.
SO THANK YOU. YEAH, I WILL SAY THAT I ACTUALLY DO NOT NECESSARILY INTEND TO SPEAK SPECIFICALLY ABOUT THIS, ALTHOUGH SOME OF THE POINTS THAT WERE MADE.
I DO HAVE TO SAY I'M CONCERNED BECAUSE I'M NOT SURE THAT YOU'RE READING THE STATUTE ACCURATELY AS TO WHAT IS REQUIRED OR WHAT IS ALLOWED FOR THE COUNTY BUT FOR THE RECORD, HOLLY PORTER, EXECUTIVE DIRECTOR, DELMARVA CHICKEN ASSOCIATION BUT ACTUALLY, I'M HERE AS A CAROLINE COUNTY RESIDENT TODAY, AND REALLY, TO MAKE MORE GENERAL COMMENTS ABOUT, QUITE HONESTLY, MY DISMAY OF THE PROCESS OF HOW THIS HAS GONE DOWN, I THINK IT WAS VERY FITTING TODAY TO BE HERE DURING THE 250TH ANNIVERSARY OF OUR COUNTY AS WELL, AND IT REALLY BODES TO THAT.
I DON'T ANTICIPATE THAT OUR ELECTED OFFICIALS ARE EXPERTS IN ALL THINGS, AND I CAN ONLY IMAGINE ALL THE DIFFERENT THINGS THAT COUNTY COMMISSIONERS ARE FACED WITH, BUT I DO EXPECT OUR COMMISSIONERS TO BE LEADERS.
AS LEADERS, YOU DON'T MANAGE TO THE EXCEPTION AND DEVELOP A POLICY FOR ONE PERSON.
YOU WORK TOGETHER TO FIND SOLUTIONS AND COMPROMISES.
YOU ADMIT YOUR KNOWLEDGE LEVEL AND ARE WILLING TO LEARN FROM OTHERS.
YOU DON'T DISREGARD YOUR BIGGEST ECONOMIC DRIVER IN THE COUNTY, WHICH IS AGRICULTURE.
IN MY MIND, THESE 25 PAGES DO NOT SHOW THAT FARMERS ARE THE PRIORITY.
YOU ACCEPT HELP AND YOU LOOK TO OTHERS FOR BEST MANAGEMENT PRACTICES, SUCH AS WHAT OTHER COUNTIES HAVE DONE, OF WHICH WICOMICO COUNTY WORKED VERY CLOSELY OVER THE YEARS WITH DCA IN DEVELOPING THEIR REGULATIONS, AND OF COURSE, AS WAS MENTIONED, CARROLL COUNTY HAS DEVELOPED A REGULATION THAT IS TWO PAGES, TEXT AMENDMENT, SOMETHING THAT HAS BEEN SUGGESTED HERE PUBLICLY AND PRIVATELY BY MYSELF.
I'LL ADMIT, I'VE NOT BEEN AS ENGAGED IN COUNTY POLICY AS I SHOULD BE AS A TAXPAYING CITIZEN, BUT SADLY, THIS INSTANCE REALLY SHOWS ME A LOT MORE THAN I EVER WOULD HAVE THOUGHT.
SO I'M NOT SURE WHAT CAROLINE COUNTY'S OPEN MEETINGS ACT IS.
YOU WANT TO LOOK TO HAVE THAT FIXED.
I PUBLICLY AND PRIVATELY HAVE OFFERED FOR DCA AND OTHERS TO WORK WITH THIS COUNTY TO FIND SOLUTIONS.
I'M NO STRANGER TO THIS COUNTY.
COMMISSIONER BARTZ, YOU AND I WERE BABYSAT BY AUNT BETTY TOGETHER.
COMMISSIONER BREEDING, YOUR YOUR WIFE WAS MY DAUGHTER'S FAVORITE TEACHER.
[01:50:01]
COMMISSIONER PORTER I THINK THE NAME PROBABLY SPEAKS FOR ITSELF, EVEN IF IT IS MARRIED.I TRULY HOPE THERE IS STILL TIME TO SEE THE LEADERS THAT I KNOW YOU ARE, THAT I'VE VOTED FOR, FOR THIS COUNTY, AND THAT WE HAVE SOME OPPORTUNITY TO HAVE SOME DISCUSSIONS, TO TAKE A LOOK AT WHAT WE CAN DO TO MAKE SURE THERE ARE SOLUTIONS, BUT THAT WE'RE ALSO NOT IMPACTING AGRICULTURE AND HEARING JUST A FEW MINUTES AGO, WHEN YOU TALKED ABOUT WOLF ROAD AGAIN, WHAT YOU WERE TALKING ABOUT WAS APPLICATION, NOT STORAGE.
CORRECT? YEP, AND YOU TALKED ABOUT FLIES.
I'M NOT SURE IF YOU'VE BEEN OUT WHEN THEY'VE BEEN SPREADING CHICKEN LITTER, OR IF YOU'VE BEEN TO A DAIRY FARM OR ANYWHERE FOR THAT MATTER, MY DOWNTOWN DENTON RESIDENT RIGHT NOW, I HAVE A LOT OF FLIES.
I'M ALSO NOT NEW TO THIS COUNTY, AND IT'S NOT CHICKEN.
IT'S NOT POULTRY LITTER FLIES.
I THINK BLACK FLIES ARE BLACK FLIES, BUT I WOULD SAY THAT WE RESEARCH, WHAT IS THE RESEARCH.
WHAT IS THE PUBLIC HEALTH RESEARCH THAT HAS BEEN DONE? I THINK THAT WAS SOMETHING THAT WAS DISCUSSED.
I WOULD LOVE TO SEE WHAT THAT INFORMATION IS, AND AGAIN, WHEN YOU TAKE A LOOK AT PUTTING INTO LAW, INTO THIS COUNTY THINGS THAT ARE SPECIFIC TO FLIES, ODORS, AGRICULTURAL NUISANCES.
YOU POTENTIALLY OPEN UP THE DOOR THAT FIVE YEARS OR TEN YEARS FROM NOW, PEOPLE ARE GOING TO COME IN AND THEY'RE GOING TO COMPLAIN ABOUT OTHER ODORS. I SAW THAT ON SEVERAL FACEBOOK FEEDS JUST THIS SUMMER WHERE EVERYONE WAS COMPLAINING ABOUT ODORS.
IT WAS A FARM SPREADING CHICKEN LITTER.
EVERYONE WANTED TO POINT IT TO THIS.
IT WAS A FARM SPREADING CHICKEN LITTER.
I HOPE WE CAN STILL WORK TOGETHER AND WORK THROUGH THIS.
I WILL BE SUBMITTING COMMENTS MORE SO, BUT I THANK YOU FOR YOUR TIME.
THANK YOU. THANK YOU FOR YOUR COMMENTS.
WAS THERE ANYBODY ELSE WHO WANTED TO COMMENT ON THIS STAFF LEGISLATION? NO. OKAY.
OKAY. YEAH, MISS PORTER, DID YOU RELAY, I MEAN, YOUR THOUGHTS ON THE STATE PERMIT PROCESS FOR THE APPLICATION? CAN YOU KIND OF RELAY YOUR THOUGHTS ON THAT? BECAUSE I FEEL THAT THEIR PROCESS, THE PERMIT PROCESS THAT THEY HAVE OUTLINED IS OR OUTLINE IS KIND OF STRICT AS WELL.
I MEAN, IF I WAS A FARMER, I WOULDN'T WANT TO GO THROUGH THE PERMIT PROCESS TO APPLY IT.
SO, I MEAN, SO I KNOW YOU'RE HERE AS A CAROLINE COUNTY CITIZEN, BUT I MEAN AS A STATE CITIZEN, WHAT ARE YOUR THOUGHTS ON THEIR PERMIT PROCESS? SURE. SO I WOULD ASK, FIRST OF ALL, HAVE YOU SEEN THE MOST RECENT REGULATIONS THAT ACTUALLY WENT TO AELR? THEY WERE SENT ON WEDNESDAY.
THEY DID. SO WHAT WAS ORIGINALLY INTRODUCED WAS ABOUT 30 SOME PAGES.
PART OF THE NUTRIENT MANAGEMENT ADVISORY COMMITTEE HEARD A LOT OF FEEDBACK WITH THAT.
DCA IS REPRESENTATIVE OF THAT, AND I WILL BACK UP TO SAY DCA SUPPORTED THE BILL 991 WITH AMENDMENTS BECAUSE WE BELIEVE THAT THIS PERMITTING SHOULD BE UNDER THE MARYLAND DEPARTMENT OF AGRICULTURE, NOT THE MARYLAND DEPARTMENT OF THE ENVIRONMENT.
THERE ARE A LOT OF DETAILS TO THE ORIGINAL REGULATIONS THAT WERE INTRODUCED THAT DURING THE NUTRIENT MANAGEMENT ADVISORY COMMITTEE, NOT ONLY DCA, BUT A NUMBER OF OTHER GROUPS, ALSO GAVE FEEDBACK TO AS WELL.
I THINK THE DEPARTMENT HEARD THAT.
I THINK WHAT IS GOING TO AELR FOR EMERGENCY REGULATIONS STILL HAS SOME THINGS THAT WE'RE A LITTLE CONCERNED ON, BUT IN GENERAL, I'M NOT SURE THAT IT IS AS BIG A DETERRENT FOR LAND APPLICATION.
I THINK THAT THERE ARE MORE STEPS.
AGAIN, IT CONCERNS ME A LITTLE BIT IN THE SENSE OF WHEN THE NEXT GROUP WANTS TO DO THE SAME THING FOR LITTER, BUT I DO THINK THAT FOR THE MOST PART, THE FARMERS THAT WANT TO CONTINUE USING IT, I THINK THAT THERE IS DEFINITELY AT LEAST A PATH FORWARD, AND I THINK THAT THE STATE WAS ASKING FOR TRACKING, REPORTING AND ACCOUNTABILITY, AND I THINK THAT THEY'RE GOING TO GET THAT
[01:55:03]
FROM THIS.AGAIN, WE ALREADY KNOW THAT THESE ARE TESTED AND CERTIFIED AS SOIL AMENDMENTS BY THE STATE CHEMIST.
SO THOSE THINGS DON'T CHANGE AS IS AS WELL, TOO.
THE ONLY THING, AS I UNDERSTAND IT, THAT THE COUNTIES HAVE FEEDBACK ON IS THE STORAGE, NOT THE APPLICATION.
SO IF A FARMER IS APPLYING IT AND IS NOT STORING IT, I DON'T BELIEVE THAT THE COUNTY HAS ANY SAY, I DON'T KNOW IF SAY IS THE WORD, WHICH IS WHY I WILL ADMIT I WAS CONFUSED AS TO WHY THESE WERE EMERGENCY REGULATIONS, CONSIDERING YOU ALREADY HAVE A MORATORIUM IN PLACE TILL NOVEMBER 1ST FOR STORAGE.
SO I'M NOT SURE I UNDERSTOOD THE EMERGENCY ASPECT AS WELL, BUT SO WE CAN GET THIS INTO EFFECT ON NOVEMBER 1ST SOONER RATHER THAN LATER, SO THAT WE HAVE A PROCESS TO GET THE MORATORIUM CROSSED OFF OUR LIST, TOO, BECAUSE WE'VE GOT MULTIPLE MORATORIUMS RIGHT NOW, SO WE'RE JUST TRYING TO GET IT ADDRESSED IN THIS LEGISLATION IN PLACE IN CONJUNCTION WITH THE STATE OPENING UP THEIR PERMITTING PROCESS.
OKAY. SO, HOLLY, LET ME ASK YOU.
IS YOUR PROBLEM WITH YOU MENTIONED THE PROCESS THAT WE WENT THROUGH.
I MEAN, I'M TRYING TO REMEMBER WHEN THIS ISSUE WAS BROUGHT TO US.
HAS IT BEEN A YEAR? NOVEMBER, WASN'T IT? YEAH, RIGHT BEFORE CHRISTMAS.
SO I MEAN, IF YOU WERE WRITING THIS.
IF YOU WERE WRITING THIS, WHAT WHAT EXCEPTION DO YOU TAKE WITH OUR SPECIFIC REQUIREMENTS FOR STORAGE? I GUESS THAT'S MY QUESTION.
SO HONESTLY, IF I WAS WRITING THIS, I WOULD LOOK SIMILAR TO WHAT CARROLL COUNTY DID IN THE SENSE THAT IT'S A TEXT AMENDMENT TO YOUR YOUR, YOUR PLANNING AND ZONING THAT WOULD BASICALLY, WOULD YOU CHANGE? I DON'T CARE, I'M TALKING ABOUT I DON'T I'M NOT TALKING ABOUT THE TEXT AMENDMENT, WHAT WE'RE REQUIRING IN ORDER TO BE ABLE TO STORE THIS MATERIAL IN THIS COUNTY.
WHAT DO YOU FEEL IS UNFAIR OR WHAT DO YOU FEEL IS TOO RESTRICTIVE THAN THAT? SO THERE'S THERE IS QUITE A FEW PAGES ON THE REQUIREMENTS OF STORAGE ON WHAT THAT STORAGE TANK WOULD REQUIRE.
THAT I COULD BE MISTAKEN, BUT I BELIEVE ARE ABOVE AND BEYOND WHAT THE USDA, NRCS WASTE STORAGE, I THINK IT'S CODE 313 REQUIREMENTS ARE AND KEEP IN MIND THOSE WASTE STORAGE REQUIREMENTS ARE FOR DAIRY MANURE, CHICKEN MANURE, THINGS THAT ACTUALLY HAVE A HIGHER YOU KNOW NITROGEN AND PHOSPHORUS LEVEL TO THEM FOR WATER QUALITY PURPOSES. I BELIEVE THERE'S SOME DISCUSSION ABOUT EQUIPMENT.
I'M NOT SURE WHAT EQUIPMENT WE WOULD BE TALKING ABOUT FOR A STORAGE TANK.
THERE IS, AND I DO APPRECIATE PRESIDENT BREEDING NOTING THE NUTRIENT MANAGEMENT PLANS, AND SUGGESTING AN AMENDMENT TO THAT. BECAUSE THAT IS, I THINK WOULD BE VERY CONCERNING FOR FARMERS WHO HAVE WORKED FOR A REALLY LONG TIME TO MAKE SURE THOSE ARE PROTECTED.
THERE IS A LOT OF DISCUSSION AROUND VECTORS AND CONTAINMENT OF VECTORS THAT AGAIN, I'M NOT SURE.
I DON'T KNOW HOW YOU CONTROL FLIES.
IF YOU HAVE A WAY, LET ME KNOW SO I CAN PUT IT IN MY BACKYARD.
DON'T BRING THIS STUFF IN THE COUNTY AND I LIVE IN DENTON, DOWNTOWN.
SO YOU KNOW, I THINK THAT, AGAIN, THERE ARE WAYS WHERE WE COULD CERTAINLY TALK ABOUT SETBACKS.
WIND BRAKES, VEGETATION, THOSE THINGS WE ENCOURAGE THAT AROUND OUR CHICKEN FARMS AS WELL.
YOU KNOW, THERE ARE A WE CAN HAVE THE DISCUSSION ABOUT COVERING.
I THINK IT NEEDS TO BE UNDERSTOOD THAT JUST SLAPPING A COVER ON IS NOT A SOLUTION.
BECAUSE THEN THERE'S A WHOLE BUNCH OF CHEMICAL THINGS THAT ARE GOING ON.
WHAT DO YOU BELIEVE THE CONCERNS THAT WERE RAISED TO US BY THE PEOPLE WHO CAME IN HERE AND WHO CAME TO THE HEARING? DO YOU THINK THEY'RE LEGITIMATE, THEIR CONCERNS OF ABOUT THE STORAGE OF THIS MATERIAL? I'M NOT GOING TO SAY THAT THEY'RE NOT LEGITIMATE.
[02:00:02]
I MEAN, AGAIN, I THINK THAT THOSE THOSE CONCERNS ARE NO DIFFERENT THAN FOLKS 20 YEARS AGO WHO DIDN'T LIKE IT WHEN WE WERE PUTTING CHICKEN LITTER ON ON FIELDS.I THINK YOU'RE CONFLATING WHAT MIGHT HAPPEN IN THE FUTURE WITH WHAT IS HAPPENING NOW, AND WHEN WE TALK ABOUT GETTING INPUT FROM COMPANIES, WHEN WE TALK ABOUT GETTING INPUT, I HAVE A LITTLE BIT OF A PROBLEM GETTING INPUT FROM COMPANIES THAT HAVE BEEN BRINGING THIS STUFF IN WITHOUT ANY CONCERN ABOUT THE STORAGE AND ABOUT WHERE THEY'RE PUTTING IT, AND I DO RESPECT THAT.
I WOULD SAY THAT IT'S NOT BEING BROUGHT IN TO STORE AND SIT.
IT'S BEING BROUGHT IN TO BE UTILIZED.
SO THAT'S NO DIFFERENT THAN COMMERCIAL FERTILIZER.
IN SOME CASES IT'S BEEN CUT JUST TO SIT.
SO THEN I HAVE TO ALSO GO BACK TO THE FACT THAT WE HAD A BAD ACTOR IN THIS COUNTY.
THERE'S NO IFS, ANDS OR BUTS, BUT WE'VE HAD IT STORED IN THIS COUNTY FOR YEARS.
WE'VE HAD IT USED IN THIS COUNTY FOR YEARS, AND IT WAS NOVEMBER THAT WE STARTED.
THE COUNTY STARTED TO GET CONCERNS AND THAT CONCERNS WAS AROUND THIS ONE PARTICULAR STORAGE.
RIGHT. SO DO YOU KNOW WHO REGULATES FOOD PROCESSING RESIDUAL IN DELAWARE.
IS IT DENMARK OR DELAWARE? DEPARTMENT OF AGRICULTURE, IT'S DENMARK.
SO ON THIS I'M LOOKING AT THE CARROLL COUNTY TAX AMENDMENTS.
THAT'S OUR EQUIVALENT IN THE IT'S JUST IT DOESN'T I MEAN, IT JUST SAYS ANY LOT IN RESIDENCE DISTRICT 300FT FROM ANY DWELLINGS IS REQUIRED.
I MEAN, THEY DON'T GET INTO YOU KNOW, YOU'RE TALKING ABOUT BUFFERS.
I PERSONALLY THINK IT DOES REQUIRE COVERED STORAGE.
YEAH. COVERED STORAGE, BUT IT'S NOT SPECIFIC.
I MEAN, THAT'S JUST MY I THINK IT'S TOO OPEN ENDED.
YOU KNOW, IT'S NOT I DON'T KNOW IF STEWART RIGHT OR NOT, BUT THE CARROLL COUNTY, I JUST THINK IT'S TOO OPEN ENDED, AND I THINK IT'LL COME BACK TO BITE THEM IN THE BUTT EVENTUALLY. OPEN ENDED FOR, IF I MAY ASK FOR WHICH FOR I MEAN, FOR ONE IS, YOU KNOW, IS THE 300FT, IS IT 300 TIMES IT SAYS 300 TIMES FIVE OR MORE? MINIMUM SEPARATION DISTANCE OF 300FT FROM DWELLINGS IS REQUIRED.
I THINK IF YOU SKIP DOWN, IT SAYS TIMES FIVE.
IF I MAY, IF YOU LOOK UNDER THE I DON'T HAVE IT IN FRONT OF ME.
IT DOES SAY IT. IT'S KIND OF CONFUSING WHY THEY DID LIKE BECAUSE THEY DID 200 AND 300 AND THEN SO I THINK THAT WAS LIKE IN THEIR ALREADY IN THEIR STATUTE OR THEIR CODE, AND SO THEN WHAT THEY'RE ADDING IN IS SPECIFIC TO FPR STORAGE, AND TO SAY, YOU KNOW, YOU HAVE TO TAKE THAT BY A MULTIPLE BY A FACTOR.
THE FOLLOWING SHALL, INSTEAD OF SAYING FIVE, THEY PUT THEY SPELL IT OUT FIVE TIMES, NOT THE NUMBER.
SO HOLLY, WE TALKED WE TALKED A LITTLE BIT YESTERDAY ABOUT MOUNTAIN AIR AND HOW THEY'RE HANDLING THIS, AND MY UNDERSTANDING IS THAT THEY ARE.
SO CAN YOU ENLIGHTEN US? FOR SURE, AND I'M NOT HERE TO SPEAK ON BEHALF OF MOUNT AIRY, I HAVE TO MAKE THAT CLEAR, BUT MY UNDERSTANDING IS, IS THAT BECAUSE OF THEY, THEY HAVE TAKEN IT UPON THEMSELVES AND THEY ALSO HAVE RECENTLY UPGRADED THEIR MILLSBORO WASTEWATER FACILITY, WHICH PRESIDENT BREEDING VISITED SO THEY HAVE MORE SPACE AND CAPACITY WHERE THEY ARE DEWATERING THEIR DAFF, AND THEN THAT MATERIAL IS STILL NOT BEING STORED THERE.
SO AS I'VE SAID BEFORE, THERE ARE OTHER ALTERNATIVE SOLUTIONS THAT ARE IN THE WORKS.
[02:05:08]
NONE OF THOSE WE CAN SNAP OUR FINGERS ON.THAT HAS BEEN A TWO AND A HALF YEAR PROCESS JUST TO GET PERMITS.
SO, YOU KNOW, THERE ARE A LOT OF OTHER THINGS THAT FOLKS ARE LOOKING AT AS ALTERNATIVES, BUT ULTIMATELY THIS MATERIAL DOESN'T DISAPPEAR. IT'S, YOU KNOW, USED IT'S RECYCLED IN VARIOUS DIFFERENT WAYS.
SO THAT AND AGAIN, IT HAS A NUTRIENT CONTENT.
SO, YOU KNOW, WE WOULD RATHER IT BE UTILIZED THAN TAKEN TO A LANDFILL.
HOW MANY OTHER, AND THE TECHNOLOGY IS NEW.
THERE WAS A LOT OF CONSTRUCTION GOING ON STILL AROUND THE WASTEWATER TREATMENT PLANT, AND I THINK THE MANDATED CLEANLINESS OF THE DISCHARGE IS NOW IS GENERATING MORE WASTE MATERIAL.
SO THEY'RE REMOVING MORE FROM THE WATER.
SO THE TECHNOLOGY TO DRY IT AND SEPARATE IT FROM THE ACTUAL WATER, I THINK EACH INDUSTRY PLAYER IS TRYING TO FIGURE OUT WHAT WORKS, AND WHEN I WAS THERE, I SAW SOME REALLY NEW STUFF THAT THEY WERE BRINGING ONLINE, AND APPARENTLY THEY WEREN'T 100% SURE AT THE TIME THAT IT WAS GOING TO BE ABLE TO HANDLE THE VOLUME OF WASTEWATER THAT THEY WERE GENERATING, WHICH I GUESS SINCE THEN THEY HAVE, YOU KNOW, THEY'VE WORKED, WORKED IT OUT, AND THEY FEEL CONFIDENT.
I THINK NOW THAT THEY CAN DRY EVERYTHING WELL AND IT'S IT DOESN'T HAVE A SMELL.
IT LOOKS I MEAN, THEY SHOWED ME A BAG OF IT WHEN I WAS THERE.
SO ANOTHER. YEAH. SOIL AMENDMENT SOMEWHERE.
SO ARE YOU ARE YOU AWARE OF ANY OTHER PROCESSING PLANTS OTHER THAN MOUNT AIRY OR WHO ARE DOING THIS? I AM NOT AWARE.
THIS ISN'T JUST CAROLINE COUNTY.
TO THE POINT, ALL THE POINTS THAT, YOU KNOW, PRESIDENT BREEDING SPOKE OF, WHICH IS YAY, WE'VE GOTTEN BETTER WASTEWATER, BOO, WE HAVE THESE OTHER PIECES THAT GO ALONG WITH IT, TOO. WHAT CAN WE DO? SO I KNOW THAT ALL COMPANIES ARE LOOKING AT DIFFERENT THINGS.
WHEN YOU SAY WORKING IT OUT, ALSO KEEP IN MIND THAT IT REQUIRES INVESTMENTS, AND THAT'S NOT TO SAY THAT COMPANIES AREN'T WILLING TO MAKE INVESTMENTS, BUT AGAIN THEY CAN'T SNAP THEIR FINGERS EITHER AND COME UP WITH SEVERAL MILLIONS OF DOLLARS, YOU KNOW, SO MORE COMPLICATED, MY GUESS FOR OTHER INDUSTRY PLAYERS, BECAUSE MOUNT AIR HAS THEIR OWN WASTEWATER TREATMENT PLANT, SO THEY KNOW THEY'RE NOT GOING ANYWHERE.
THEY MAKE THIS LARGE INVESTMENT, THEY'RE NOT GOING ANYWHERE.
I MEAN, I GUESS THERE'S CONTRACTS AND WAYS TO WORK THAT OUT, BUT I WOULD THINK IT WOULD BE MUCH MORE DIFFICULT FOR THESE OTHER INDUSTRY PLAYERS, THEIR PROCESSOR, TO MAKE THAT KIND OF INVESTMENT, YOU KNOW, IT'S EASIER FOR THEM TO JUST CONTINUE WITH WHAT THEY'VE BEEN DOING OR, YOU KNOW, FIGURE OUT ANOTHER WAY, BUT AND I WOULD ADD THAT, YOU KNOW, OUR, OUR PROCESSING OUR CHICKEN COMPANIES ARE REALLY GOOD AT PROCESSING AND MARKETING CHICKEN.
THAT'S WHAT THEY'RE IN THE BUSINESS FOR.
THEY OBVIOUSLY HAVE TO HAVE A LOT OF COMPONENTS WHEN IT COMES TO THE WASTEWATER SIDE.
SOME OF THE COMPANIES, YOU KNOW, WORK WITH THE MUNICIPALITY ON THAT.
SOME OF THEM, AGAIN, ARE WORKING WITH OTHER ENTITIES.
YOU KNOW, AS YOU MAY RECALL PURDUE HAD AN AGRE-RECYCLE CENTER.
THIS IS THE SEAFORD LOCATION BIOENERGIES GOING IN.
THEY TRIED TO GET INTO, YOU KNOW, SORT OF THE LITTER MANAGEMENT, WASTE MANAGEMENT SIDE.
AGAIN, THEY'RE REALLY GOOD AT PROCESSING CHICKEN.
SO WORKING WITH OTHER COMPANIES WHO ARE BETTER SUITED FOR THIS IS IS A BIG PART OF SORT OF THE FOOD PROCESSING ECOSYSTEM TO SOME EXTENT. SO YOU KNOW, IT'S NOT IT'S NOT THAT THE CHICKEN COMPANIES ARE JUST PASSING IT OFF TO OTHERS TO TAKE CARE OF.
IT'S THE FACT THAT THERE ARE MULTIPLE PLAYERS.
THERE'S A LOT OF BIG CIRCLES AND LINES IN HOW THAT CHICKEN ULTIMATELY GETS TO OUR PLATE.
JUST MY FINAL QUESTION FOR YOU IS WITH WITH THE WORK THAT'S BEING DONE NOW BY A COMPANY LIKE
[02:10:05]
MOUNT AIRY, WHAT DO YOU SEE AS THE FUTURE OF OF HOW MUCH LONGER ARE WE GOING TO SEE WHAT WE'RE CALLING DAFF LOCATED OR LOADED ON THE TANK TRUCKS AND DRIVEN TO LOCATIONS AND DUMPED? HOW MUCH LONGER DO YOU THINK WE'RE LOOKING? PUT YOUR CRYSTAL BALL, I SAY LET ME PULL OUT MY CRYSTAL BALL ON THIS ONE.I DON'T BELIEVE THAT LONG TERM THE LAND APPLICATION OF FPRS AS WE SEE IT NOW WILL BE THERE.
YES. WOULD IT POTENTIALLY BE IN A DIFFERENT FORMAT? YES. WILL IT STILL BE? WILL IT STILL HAVE A VALUE TO IT THAT IT COULD BE USED AS A SOIL AMENDMENT? YES. HOW THAT LOOKS, A LOT OF THAT AGAIN, COMES DOWN TO SORT OF THE TECHNOLOGY, AND ALSO, YOU KNOW, I'D ALSO SAY EVEN WITH THE BEST TECHNOLOGY, A LOT OF THAT ALSO COMES DOWN TO THE TIMEFRAME OF PERMITTING AND OTHER REGULATIONS.
YOU KNOW, AGAIN, AS I MENTIONED, TWO AND A HALF YEARS, I MEAN, THEY'VE HAD THE MATERIALS SITTING THERE READY TO BUILD A YEAR AND A HALF AGO, TWO AND A HALF YEARS REQUIRE PERMITS IF WE WANTED TO BUILD SOMETHING LIKE THAT, YOU KNOW, RIGHT HERE TOMORROW.
I WOULD ANTICIPATE YOU'RE LOOKING AT A COUPLE OF YEARS AS WELL, TOO.
WE HAVE TO. WE ALWAYS HAVE, BUT THAT'S NOT TODAY.
NEXT TEN YEARS, YOU'RE STILL GOING TO BE FILLED BY.
RIGHT, MAY REDUCE IN QUANTITY.
I DON'T THINK I DON'T THINK I THINK THE COMPOSTING ASPECT OF IT I MEAN I MEAN THAT'S WHAT IT DOES.
IT BREAKS IT DOWN EVEN MORE WHEN YOU COMPOST IT, YOU KNOW AND THAT'S PROBABLY THE RIGHT ROUTE THAT.
WELL, YOU GOT ONE PLANT, YOU GOT THE ONE MAJOR PLANT THAT RECEIVES IT FROM A LOT OF THE INTEGRATORS, RIGHT, WHO STRUGGLES TO GET THEIR DISCHARGE CLEAN ENOUGH TO DISCHARGE THROUGH THE WINTERTIME.
SO THERE ARE WAYS AWAY FROM GETTING ALL TO BEING WHERE MOUNT AIRY IS.
THERE ARE A LONG WAYS AWAY FROM BEING WHERE MOUNT AIRY IS.
SO IT'S MORE OF A PRIVATE SUBJECT, BUT YEAH, I REALLY DIDN'T WANT TO GET IN.
IT'S ANOTHER COUNTY. NO, THEY GOT I MEAN THEY GOT FINE PUBLICLY.
IT'S HARD TO PLAN AND INVEST WHEN YOU DON'T KNOW WHAT YOU'RE PLANNING AND INVESTING FOR.
YEAH, I DON'T EVEN CONSIDER THAT STUFF, DAD.
RIGHT. I DON'T EVEN CONSIDER THAT DAD.
YOU KNOW, BUT THAT'S WHAT I'M SAYING.
I DIDN'T WANT TO GO DOWN THAT.
SO YEAH. SO DO WE, WHAT'S THE STANCE ON THAT? THANKS, HOLLY. YOU'RE WELCOME.
WHAT'S THE STANCE ON THIS BILL THEN FROM YOU GUYS RIGHT NOW.
WE CAN. I KNOW MR. PORTER HAD ISSUES WITH THE CRIMINAL STANDPOINT, BUT STEWART, I DON'T KNOW IF YOU COULD SPEAK TO THAT.
I THINK IT'S HIGHLY UNLIKELY A PROSECUTION WOULD BE INSTITUTED WITHOUT THE COMMISSIONER'S CONSENT.
IT IS CREATED AS A CRIMINAL OFFENSE.
THE QUESTION IS, COULD A NEIGHBOR WHO IS BEING AFFECTED BY THE STORAGE FACILITY GO DOWN TO THE DISTRICT COURT COMMISSIONER AND TAKE OUT AN APPLICATION FOR [INAUDIBLE] OF CHARGES BECAUSE THERE IS A CRIMINAL STATUTE HERE.
THAT'S KIND OF UNKNOWN TERRITORY.
IT'S POSSIBLE A COMMISSIONER WOULD ISSUE A SET OF CRIMINAL CHARGES BASED ON THIS ORDINANCE.
EVEN IF THE COMMISSIONERS WEREN'T EVEN CONSULTED, DIDN'T EVEN KNOW WHAT WAS GOING ON.
I CAN'T RULE THAT OUT, BUT, BUT IF WE HAVE SOMEONE WHO BLATANTLY IS IGNORING THE LAW, I MEAN, THAT'S WHAT IT'S THAT'S WHAT IT'S THERE FOR.
THE FINES AREN'T GETTING THE JOB DONE RIGHT.
[02:15:08]
WHAT'S A CHEAPER, FASTER ROUTE? CRIMINALLY CHARGED OR CRIMINALLY CHARGED DOESN'T NORMALLY COST THE COUNTY ANY MONEY.WE PROBABLY BRING THEM IN TO PROSECUTE IT.
MY OPINION IS I THINK WE MOVE FORWARD.
IT GOES TO THE PLANNING COMMISSION.
SEE WHAT THEIR RECOMMENDATION IS AFTER WEDNESDAY.
I MEAN, I HAVE I GUESS WHAT I'M ONE OF THE THINGS THAT I HAVE A QUESTION ABOUT IS IF I'M UNDERSTANDING, I'M GONNA CALL YOU HOLLY, BUT IF I'M UNDERSTANDING HOLLY CORRECTLY.
ARE THESE ARE OUR REGULATIONS EXCEEDING THOSE THAT ARE FOR THE TANKS.
OKAY. SO IT'S MUCH MORE EXPENSIVE.
IT'S NOT JUST GOING TO BE A TANK.
IT'S GOING TO HAVE TO HAVE A MONITORING SHELL OVER TOP OF IT WITH LEAK DETECTION TO DETECT A LEAK, AND IT'S CLOSED TOP STORAGE, AND THE EQUIPMENT WOULD BE, WHICH THE STATE DOESN'T REQUIRE, AND THE EQUIPMENT THAT'S USED WOULD BE THE EQUIPMENT THAT WOULD BE USED TO LOAD AND OFFLOAD.
IT WOULD HAVE TO BE CLEANED REGULARLY.
THAT'S THE OTHER WE'RE, YOU KNOW, MUCH MORE STRICT IN CERTAIN AREAS THAN THE STATE HAS BEEN.
WE'VE REFERENCED A LOT OF THE SAME STANDARDS.
THE NRC STANDARDS AND SETBACKS ARE MUCH LARGER THAN THE STATES.
YEAH THOSE ARE THE MAJOR THINGS.
AM I MISSING ANYTHING ELSE? I DON'T THINK SO, AND WE WOULD MIRROR THEIR PERMIT PROCESS AS FAR AS APPLICATION FEE, THOSE TYPES OF THINGS, EVERYTHING THEY WOULD HAVE TO DO AT THE STATE LEVEL, THEY WOULD HAVE TO DO AT THE COUNTY LEVEL.
OKAY, BUT THERE THERE WILL PROBABLY BE SOME CHANGES THAT I WOULD LIKE TO SEE MADE.
ONE OF OUR PLANNING COMMISSION MEMBERS RECOMMENDED THAT FORM AND THAT'S WHY I BROUGHT THAT UP.
I'M NOT GOING TO TAKE CREDIT FOR THAT, BUT REGARDING THE CRIMINAL LANGUAGE IN THERE.
THE ZONING CHAPTER HAS, I THINK, THE IDENTICAL LANGUAGE FOR ZONING VIOLATIONS.
SO WE ALREADY HAVE THAT IN OUR.
SO I THINK CRYSTAL LOOKED INTO IT.
IT'S NOT IN THE CIVIL INFRACTIONS CHAPTER, BUT IT IS IN OUR ZONING CHAPTER.
SO WE DO ALREADY HAVE SOME CRIMINAL STATUTE.
YES THE 30 DAYS IS SIMPLY THROUGH THE COURT SYSTEM WHERE WE ARE ASSUMING INFRACTIONS.
THIS IS IN ADDITION TO A CIVIL CITATION, WHICH.
MAYBE WE NEED TO START USING THAT.
ALL RIGHT, SO WHAT WHAT'S THE INTRODUCTION PROCESS THEN? STEWART IT'S BEEN INTRODUCED INTRODUCED.
SO WE'RE INTRODUCING THIS ONE.
WE'RE GOING TO WAIT ON THE REASONABLE ACCOMMODATIONS UNTIL NEXT MEETING.
OR DO YOU WANT TO INTRODUCE. I THINK I'M OKAY WITH INTRODUCING THAT.
I MEAN, I GOT A BETTER UNDERSTANDING OF IT TODAY, SO I'M OKAY WITH THAT.
IT'S NOT GOING TO COST THE COUNTY OR PRIVATE INDUSTRY ANYTHING.
IT'S JUST A PROCESS TO ALLOW AN APPLICANT OKAY TO HAVE DUE PROCESS.
ALL RIGHT. SO OFFICIAL INTRODUCTION OF BOTH BILLS TODAY AND THE PUBLIC HEARING, AND THE SECOND READING WILL BE ON THE 23RD OF THIS MONTH.
THAT'S WHERE YOU CAN HAVE YOUR PEOPLE LINED UP.
I WILL BE DOING THAT REMOTELY ON THE 23RD.
[CHUCKLING] YEAH, WELL, BELIEVE ME, IF YOU CAN TALK, IF YOU CAN TALK MY WAY OUT OF GOING AWAY, YOU YOU GET RECALLED AND WE HAD A LONG DISCUSSION ABOUT THAT YESTERDAY ABOUT WHEN WE WERE GOING AND [INAUDIBLE].
I GOT TO GET OUT OF HERE REAL QUICK, BUT WE'LL MOVE ON.
UNFORTUNATELY, I HAVE A FUNERAL I HAVE TO ATTEND.
[Amended & Restated MOU-Midshore Regional Counties and Maryland Environmental Services-Solid Waste Disposal]
[02:20:04]
SO THOSE ARE INTRODUCED OFFICIALLY.WE DIDN'T GO INTO LEGISLATIVE SESSION.
YEAH WE DID. OH WE DID? YEAH. OKAY. OKAY.
SO WE NEED A MOTION TO COME OUT OF LEGISLATIVE SESSION OR.
I'LL MOVE. IT'S A LEGISLATIVE DAY.
OH, IT IS, SO WE DON'T TECHNICALLY HAVE TO.
I HAVE TO KEEP MY DAYS STRAIGHT.
JEN, YOU HAVE TO GIVE ME STRAIGHT ON THAT.
WELL, THIS WAS FOR DISCUSSION, BUT I PUT IT THERE IN CASE YOU WANTED TO VOTE ON IT TODAY.
WERE THERE ANY QUESTIONS, CONCERNS COMMENTS ON THE REVISED DRAFT? STEWART, WE HAD A BRIEF CONVERSATION YESTERDAY.
YOU THINK WE COVERED? YOU STILL FEEL OKAY? I DO ESPECIALLY I'M GOING TO SUGGEST, THOUGH, THAT WE PUT A CLAUSE OR A SENTENCE AT THE VERY END OF THAT SECTION THAT SAYS IT IN PLAIN LANGUAGE THAT THE REQUIREMENT TO PAY THE COUNTY THE HOST FEE BEGINS JULY 1ST AS IT STATES.
IT GOES ON TO SAY PRESENT THAT MES HAS NO OBLIGATION TO PAY THE HOST FEE UNTIL THE MEMORANDUM IS AFFECTED.
YEAH, I WOULD JUST SUGGEST A SENTENCE AT THE END OF THAT PARAGRAPH THAT STATES ONCE EFFECTIVE PAYMENTS WILL BE RETROACTIVE TO JULY 1ST, 2024.
THAT'S IT. SO WILL YOU WORK THAT OUT WITH SEAN? SURE. OKAY. WHAT ARE THE OTHER COUNTIES VOTING ON IT TONIGHT? I DON'T KNOW, BUT I'LL FIND OUT.
WE JUST ADD IT AND IT MAY BE THE QUICKEST THING IF YOU'VE GOT A THREAD ALREADY WITH THE PERTINENT PARTIES LIKE THE COUNTY ADMINISTRATORS AND SEAN.
YEAH, I DON'T HAVE ALL WITH SEAN, BUT I'M JUST ADDING THAT'S YOU AND I'LL TALK.
YEAH, JUST ADD THAT SENTENCE, AND OTHER THAN THAT, WE'RE GOOD.
OKAY, JUST TO MAKE IT CRYSTAL CLEAR THAT PAYMENTS WILL BE RETROACTIVE TO JULY 1ST, 2024.
OKAY. DO YOU GUYS HAVE ANYTHING? NO. ALL RIGHT.
SO I'LL MAKE A MOTION THAT WE SIGN THE MOU WITH THAT ADDED STATEMENT AT THE END, AND FORWARD IT ON TO THE OTHER COUNTIES FOR THEIR APPROVAL.
SECOND. ANY FURTHER DISCUSSION? ALL IN FAVOR SAY AYE.
AYE. ALL OPPOSED? THE AYES HAVE IT. ALL RIGHT, I'M GOING TO SLIP OUT OF HERE ON YOU GUYS.
SO LET'S TAKE A BRIEF RECESS HERE.
[02:32:42]
ALL RIGHT. ALL RIGHT.[02:32:43]
WE'LL GO BACK INTO SESSION HERE.THE NEXT ITEM ON THE AGENDA LOOKS LIKE IT'S THE CONSENT AGENDA.
COMMISSIONER BARTZ, YOU HAVE ANY QUESTIONS OR COMMENTS ON THE ITEMS ON THE ON THE CLOSED SESSION OR CONSENT AGENDA? NOW THERE'S A LOT OF SUBSCRIPTIONS THAT WE'RE APPLYING TO AND THEY'RE ALL NEEDED.
JEN, DID WE GOT THE DRAFT LETTER FROM THE BENEDICTINE SCHOOL.
THAT IS SO YEAH, THAT'S TAKEN CARE OF.
[Consent Agenda]
OKAY. TRANSFER FROM THE CAPITAL IMPROVEMENT FUND.YEAH, THAT'S JUST TO REIMBURSE OURSELVES FROM THE BOND FOR BOND ELIGIBLE COSTS.
I'LL MAKE A MOTION. WE APPROVE THE CONSENT AGENDA FOR JULY 9TH, 2024.
[County Administrator’s Report]
I DO NOT HAVE A REPORT TODAY.I THINK WE ALREADY TALKED ABOUT WHAT I NEEDED TO TALK ABOUT.
COMMISSIONER BARTZ. I HAVE A FEW THINGS ON MY LIST.
YOU TOUCHED ON EARLIER, BUT THE DAYSPRING OR TESTING TODAY? YES, SIR. TODAY. OKAY.
[County Commissioners Open Discussion Period]
BRIAN, HE LEFT.SO ZION ROAD, YOU KNOW, IF THEY'RE UP THERE WORKING ON THE TREE TRIMMING AND ALL THAT.
ROBIN SAID YOU'RE SUPPOSED TO BE UP THERE THIS WEEK.
I DO NOT KNOW. THAT'S NOT A WORD THAT THEY'VE MENTIONED TO ME, BUT I CAN FOLLOW UP WITH.
[02:35:03]
OKAY. THERE IS ONE ROAD WE NEED TO ADDRESS.I GOT A COUPLE CALLS ABOUT THAT IS GILPIN POINT AND DOWN TO BELL CREEK FOR TREE TRIMMING.
I'M SURE THERE'S MORE, BUT IT'S JUST ONES THAT ARE PEOPLE ARE CALLING ABOUT.
YEP, AND NEXT MONTH IS FOUR H.
THIS IS COMMISSIONER BREEDING ASKED THEM TO FIX THAT LANE.
I WAS JUST TOUCHING BASE ON IF THEY'RE GOING TO GET THAT LANE FIXED.
I CAN ASK HIM, AND THE NEXT QUESTION IS THE PHOTOS UP IN DENTON? I MEAN, OLD DENTON ROAD IN MELVILLE, RIGHT? YES.
WHERE ARE WE AT ON THAT? YEAH.
SO MELVILLE DID TRANSFER OWNERSHIP TO THE NEW OWNER THAT WAS SET TO INHERIT THE PROPERTY.
WE HAVE REACHED OUT TO HER AND HAVE EXPRESSED OUR INTENT TO NEGOTIATE SOME TYPE OF PURCHASE.
HONESTLY, JUST YESTERDAY, LESLIE AND I HAD A CONVERSATION, AND SURPRISINGLY, MOST OF THE PROPERTY THERE AT THE MELLVILLE LOCATION DOES FALL IN A DELINEATED WETLANDS AREA. SO WE'RE HONESTLY SURPRISED THAT THE LOCATION THAT'S EVEN THERE WAS PERMITTED TO BEGIN WITH. SO ROBIN HAD FLOATED AN IDEA ABOUT POSSIBLY DOING AN EXPANDED DROP OFF TYPE OF DRIVE THROUGH, BUT IN OUR OPINION, THAT DOESN'T LOOK LIKE IT'S GOING TO BE POSSIBLE BASED OFF OF THE WETLANDS.
SO I KNOW AGAIN, ROBIN IS OUT THIS WEEK, SO I WAS WAITING TO REGROUP WITH HIM AND ESSENTIALLY DISCUSS IF THE CURRENT FOOTPRINT IS ALL WE WANT TO LOOK AT OR WHETHER THERE'S ANY OTHER PART OF THAT PROPERTY WE MAY WANT TO OBTAIN TO TRY TO DO SOME TYPE OF EXPANDING OF THAT [INAUDIBLE].
SO THE PERIMETER OF IS ALL PRETTY MUCH.
YEAH. THERE'S WHEN YOU ARE, I'M GOING TO SAY GOING NORTH UP MELVILLE.
THERE'S A SMALL PIECE THAT IS NOT THAT'S ROAD FRONT NEXT TO THE HOME THERE, BUT I, MY GUESS IS THEY WOULD NOT BE TOO INCLINED TO HAVE IT PUT RIGHT NEXT TO THEIR, THEIR HOME.
SO THAT'S WHERE WE'RE AT WITH MELVILLE.
WE DID I DID HAVE A CONVERSATION WITH HIM ABOUT THE FEDERALSBURG [INAUDIBLE].
THEY ARE LOOKING AT A DESIGN THAT A COMPANY DID IN ACCOMACK COUNTY.
HE ACTUALLY SHARED THE DESIGN TO ME, AND IT'S REALLY NICE.
SO THAT COMPANY WAS SHARING THE ENGINEERED PLANS WITH HIM.
SO HOW MUCH FUNDS DO WE HAVE FOR THE FEDERALSBURG LOCATION? WE SET ASIDE 150,000 FOR THAT LOCATION.
YEP. SO AND THAT ALL THOSE DISCUSSIONS HAD HAPPENED LATE LAST WEEK.
SO I KNOW THEY'RE WORKING ON THAT NOW.
I THINK IT WAS DONE VERY WELL.
THANK EVERYONE WHO PARTICIPATED.
WE ARE GOING TO HAVE A DISCUSSION HERE PRETTY SOON ABOUT APPOINTMENTS TO THE CHESAPEAKE BOARD OF TRUSTEES.
I'LL HAVE A LITTLE BIT MORE INFORMATION ON THAT, AND.
I THINK IT'S. YEAH, PROBABLY AS MUCH AS I CAN AS I'LL SAY AT THIS POINT I WILL BE VIRTUAL FOR THE NEXT MEETING, WHICH I COULD BE HERE, BUT I CAN'T.
SO WE'LL GET THAT SET UP SO THAT I CAN, YOU KNOW, DO IT FROM FROM WHERE I'M GOING TO BE.
[02:40:01]
[INAUDIBLE] FOR CARNIVAL TONIGHT.WHAT TIME DOES IT START? IT STARTS WHEN I GET THERE.
[CHUCKLING] AUTOGRAPHING. REQUIRED ATTENDANCE FOR ALL.
YEAH. SO OTHER THAN THAT,THAT'S ALL I HAVE.
ANYBODY ELSE FOR THE GOOD OF THE COUNTY? REVEREND DUNN, THANK YOU FOR COMING.
ARE YOU ASKING FOR PUBLIC COMMENT? I AM, YES.
GO AHEAD. THAT PRIORITIES LIST FOR OIL CITY.
FOR FOUR YEARS NOW, THEY'VE BEEN SAYING THE LIGHT'S GOING TO GO UP THIS YEAR.
I DON'T KNOW WHAT THE STATE'S WAITING ON.
I DON'T KNOW WHAT PRESSURE YOU CAN PUT ON THEM, BUT WELL, YOU DISCUSSED IT A LITTLE BIT WITH BRIAN WAS HERE, BUT SOMEBODY NEEDS TO DO SOMETHING THERE OR THERE'S GOING TO BE SOME MORE DEATHS.
313 YESTERDAY YOU COULD HARDLY GET OUT ON IT ALL THE WAY TO GREENSBORO.
SO I JUST WANTED TO MAKE THAT COMMENT.
NOTICED A POLICE PRESENCE ON CLARK ROAD AND ON THE BEECHAM ROAD TOO.
THERE'S BEEN A POLICE PRESENCE THERE.
I'M SURE THAT COULD SLOW THE TRAFFIC DOWN.
OKAY, AND WE APPRECIATE THAT, AND I APPRECIATE THE DETOUR ROAD BEING OPENED BACK UP AGAIN.
OKAY. ANYBODY ELSE? THERE'S NOT THE EFFORT ALL YOUR GROUP PUTS TOGETHER TO BRING FORTH THIS MEETING, BUT WE ALWAYS APPRECIATE THAT A LOT OF WORK, A LOT OF WORK GOES ON WHILE WE'RE JUST HANGING AROUND UP HERE.
WITH THAT, I THINK WE HAVE A CLOSED SESSION.
DO I HEAR A MOTION TO GO TO CLOSED SESSION? I'LL MAKE A MOTION WE GO TO CLOSED SESSION SECOND.
AYE.
* This transcript was compiled from uncorrected Closed Captioning.