Kent County Commissioners Bob Jacob, Tom Mason, Ron Fithian, and County Administrator Shelley Heller

Riverkeepers Zack Kelleher and Tim Trumbauer of ShoreRivers gave the Kent County Commissioners an update on the health of the Sassafras and Chester Rivers at the Commissioners’ meeting Oct. 15.

Kelleher, the Sassafras Riverkeeper, opened the presentation by noting that the two rivers that bound Kent County are “special waterways,” although they are threatened by invasive species, unusually high tides, algae blooms, bacteria, debris from the Susquehanna River, and development along their banks. Climate change is a definite factor in the rivers’ condition, exemplified by the record rainfall – over 70 inches – the area received in 2018. ShoreRivers’ response is intensive monitoring of the waters, with volunteers collecting data from some 150 sites. This data can be used to help find ways to restore the rivers to health.

While monitoring these 150 sites in both rivers, Shore Rivers pays particular attention to nutrients, algae, and bacteria in the water. Kelleher observed that the data show that most pollution originates within the rivers’ watershed, as the rivers typically show the best water quality closest to their mouths on the Chesapeake Bay. But restoration projects clearly help, he said.

Chester Riverkeeper Trumbauer said the Chester River as a whole received a C+. grade, while the Sassafras received a B-, thanks to extensive restoration efforts. But the additional runoff and reduced salinity caused by the record rainfalls contributed to lower quality in both rivers. With less rainfall this year, salinity has gone back up the last few months – a good sign for organisms such as oysters. However, there were a number of algae blooms in late summer and early fall, due in part to runoff caused by the rainfall and by the unusually hot weather late last summer.

Trumbauer pointed to ShoreRivers’ “River-Friendly Yards” program in which homeowners can have a positive effect on rivers by reducing fertilizer use, installing rain gardens and rain barrels, and planting native flowers, shrubs, and trees. The riverkeeper organization is also conducting more than 100 restoration products, and it presents “a loud voice for advocacy in Annapolis.” More information is available on the ShoreRivers website.

Commission President Tom Mason asked what effect the Conowingo Dam has on the health of the rivers. Kelleher said the dam, located where the Susquehanna River enters the Chesapeake Bay, releases debris that primarily affects the main Bay and the Sassafras more than the Chester and other lower rivers. He said the effects depend on whether there have been major storms in Pennsylvania that bring debris and runoff over the dam and into the Bay. He said the impact of the dam and of the Susquehanna can be seen in regional testing.

Also at the meeting, representatives of Choptank Electric requested a letter of support for a grant proposal to bring broadband internet to rural areas of the county. They said the utility has some 54,000 customers, of whom about 2,400 live in Kent County. It operates about 6,000 miles of power lines, mostly in rural areas where there is no other provider. It also maintains about 650 miles of fiber-optic line, currently used for transferring business information. The company’s new CEO has introduced a program to extend fiber to its customers, most of whom are in areas “at the end of the line” where other providers are uninterested in extending their service. Choptank is in the process of proposing legislation in the Maryland General Assembly to facilitate its efforts to add broadband capability to customers.

Val Connelly, Choptank’s Vice President of Government and Public Affairs, said that about a third of state residents, mostly in rural areas, have no internet – including 4,100 in Kent County. She gave examples of the value of internet access to rural customers, including access to telemedicine, agricultural information, and education. Many rural children with no access at home are forced to stay after school to work on assignments, or to “surf” public internet sources, often by parking outside a business after it closes. She said that Choptank can leverage its existing assets, using its easements for electrical power to provide broadband connections. She said the Federal Communication Commission is offering $20 billion in grants for rural broadband – “and we want our share.” She said the utility would be able to provide drafts of a letter of support to local government.

Olin Davis, a member of the Choptank board of directors representing Kent County, compared the project to the electrification of rural America during the 1930s. He said that Choptank’s status as a cooperative gave it an advantage in underserved areas because it already has electrical lines and easements in those areas.

Commissioner Bob Jacob asked how soon Choptank would be able to begin hooking up customers. Connelly said it would depend on the timing of the General Assembly’s approval of the utility’s bill, but it would be as soon as possible once funding is available – possibly January 2021. The bill would be presented at the Assembly’s 2020 session.

Mason asked what the cost would be to rural customers. He said his son was quoted a price of $5,900 for a line to his house. Connelly said the amount of the grant would be a factor, but she believed Choptank would be able to connect most customers at considerable savings over other providers’ going rate.

Mason said that Kent County has been “in the forefront” of broadband service to rural areas, with a $6 million program of laying fiber-optic cable. “We want to work with what we have,” he said. Connelly said that Choptank isn’t looking to compete with existing internet providers, but to provide service to the rural customers those providers can’t or won’t reach. She said she would be happy to meet with Scott Boone, the county’s director of information technology, to find ways for Choptank and the county to work cooperatively.

Commissioner Ron Fithian said he understood how important it is to get internet to underserved areas. However, he said, he would like to see “the real product” before committing to a letter of support.

Mason said he was in favor of seeing broadband extended to “places nobody else would go – like our farm.”

County Director of Finance Pat Merritt receives a certificate of achievement for her work with the county budget. With Merritt are Commissioners Bob Jacob, Tom Mason, and Fon Fithian

In other business, the commissioners read a proclamation recognizing county Director of Finance Pat Merritt for her “consistent excellence” in managing the county’s budget and financing. Merritt gave credit to her staff and to the support and guidance of the commissioners.

Also, Janet Christensen-Lewis and Elizabeth Watson of the Kent Conservation and Preservation Alliance requested a donation of $10,000 to help the organization with a match for a grant from the Maryland Heritage Association. The grant, totaling $50,000, would allow the alliance to produce a documentary video on Kent County’s landscape and heritage. She said the film would appear on Maryland Public Television, at festivals nationwide, and would bring publicity to the county.

The commissioners, after discussion, said they would look into the budget and see if an appropriate source for the funding could be identified. They said they would make a decision by the next meeting, Oct. 29, in time for the granting agency’s deadline for matching funds.

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The Chestertown Council in session, Oct. 7 (from left): David Foster, Linda Kuiper, Mayor Chris Cerino, Town Manager Bill Ingersoll, Rev. Ellsworth Tolliver, and Marty Stetson

The Chestertown Police Department will remain in its current configuration at least until March 2020. The Chestertown Council, in a 4-1 vote at its Oct. 7 meeting, agreed to postpone any decision on restructuring the department until that date. Lt. John Dolgos, the acting chief appointed after the resignation of former Chief Adrian Baker, will remain in command of the department.

Councilman Marty Stetson, a former Chestertown police chief, cast the dissenting vote after providing an extensive critique of the quality of policing in Chestertown over the past two decades. Stetson is retiring as a councilman at the end of this year.

Mayor Presents CPD Options

The vote followed a presentation by Mayor Chris Cerino, in which he laid out the budgetary considerations that led him to suggest the possibility of closing the town police and putting the Kent County Sheriff’s office in charge of public safety within town limits. That suggestion, which Cerino characterized as “the nuclear option,” drew a large crowd to the meeting, which was held in the upstairs meeting room of town hall to accommodate the turnout.

In a PowerPoint presentation, Cerino pointed out that public safety makes up the single largest slice of the town’s annual outlay, amounting to $1.6 million, or 47% of the Fiscal 2020 budget. That figure has increased by 33%, or $462,000, since 2009, while the town’s property tax revenues, which make up 2/3 of the town’s income, remain essentially flat. Because of growing expenses in all areas, the town’s current budget included no raises for town staff, including police officers, and, for the sixth straight year, no funding for capital projects such as street repair. Cerino said the council had consistently “kicked the can down the road” as far as infrastructure repairs, rather than raising taxes.

Cerino made it a particular point to respond to allegations on social media that the cost of the town-owned marina was the main factor in the town’s budget crunch. He said the marina, which the town acquired two years before he became Mayor, was in extremely poor condition and needed a major upgrade if it were to attract boaters and other tourists. The renovations have been paid for almost entirely by federal and state grants, he said, while the annual debt service on the original purchase is about $145,000. The revenue from the marina has come close to matching that amount for the first time this year.

Additional budget pressures Cerino cited include a decline in real estate tax revenues, in part because many property owners successfully appealed their increased assessments. Also, Kent County is one of only two in the state that doesn’t provide local municipalities with a tax differential or rebate to compensate the towns for services such as police protection, planning and zoning, and street repairs that the town provides within its boundaries. “I think we’re getting ripped off,” he said, noting that the town has roughly a quarter of the population of the county and provides a proportionate share of the tax revenues.

The audience at the Oct. 7 council meeting included Sheriff John Price  (right center) and other town and county law officers

Baker Replacement Handled “Very Clunkily”

Following the resignation of Baker, who took a position as head of the Maryland Natural Resources Police, Cerino said he felt it was a good time to reassess the public safety portion of the budget.

As part of that reassessment, he had two conversations with Sheriff John Price to examine the possibilities. He said he went directly to the sheriff because he has “no working relationship” with the county commissioners. Following those conversations, he said, he identified four options: leave the department as it is and cut expenses elsewhere in the budget; find savings within the police department budget, possibly including a cut in the number of officers; merge resources with the Sheriff’s office, at a savings of about $600,000, or close the department entirely and leave policing to the county. Cerino said while he had to consider the latter option, it would be “the worst possible choice,” because the Sheriff’s department is not currently able to handle that responsibility, and “nobody wants it.”

Cerino said the council had responded “very clunkily” to Baker’s resignation, twice going into closed sessions at Stetson’s request. During those sessions, they reportedly discussed bringing in Captain Brian Kirby of the Sheriff’s office as a consultant to oversee the town police force until a permanent chief is appointed. Cerino said it would have been better to address the issue openly from the start. Now, with council elections a month away, at least one and possibly two new council members will be chosen. Because of that, Cerino said the decision on the police department should wait until January when the new council will be seated. He suggested carrying on with the police force as currently constituted through the end of February and setting up a task force in March to examine the long-term options facing the town. He asked the other council members for their views on the suggestion.

Councilman David Foster said he was working with the county commissioners to see if the tax differential could be reinstated, giving the town a less constrained budget. He said the town needs to be able to create a budget reserve to be prepared for future disasters. He noted that with the retirement of Stetson at the end of this year, the council will lose its one member with practical police experience.

Councilwoman Linda Kuiper, whose seat is up for election this fall, said that the council stands to lose as much as 24 years of experience if she and Stetson are both gone after January. She said it would be better for the council to make the decision on the police before the end of the year.

Councilman Ellsworth Tolliver said the town needs to explore ways to increase its revenues. He said the town police need to be maintained at their present level and noted that the town and county have different requirements in terms of law enforcement. He praised the town police for their rapid response to calls for service in the community. “I’m willing to talk to anyone with ideas on how to address the problem,” he said.

Councilman Marty Stetson makes the argument for merging the Chestertown police with the Kent County Sheriff’s office

Quality of Policing v. Budget

Stetson said there would be significant advantages in merging the town police with the county Sheriff. He said the quality of policing in Chestertown was not what it should have been the last 20 years, and that the police “just haven’t had the right direction.” Another issue is that the town does not have up-to-date equipment, such as electronic fingerprinting, while the Sheriff’s office does. “My hope was to get Captain Kirby to come in and take over the police department and see what he could do to straighten it out,” he said.

Stetson said the Sheriff told him the town could save $800,000 annually if it transferred control of the local police to the Sheriff’s office.

“People don’t care what color the uniform is, they just want a competent person to show up” when they have an emergency, Stetson remarked.

He said he had given Cerino names of several people in law enforcement who could corroborate his statements about the police department. He said he was in favor of making a move before the first of the year. There was an audible murmur of dissent from the audience at one point when Stetson appeared to question the commitment of the town police to “doing the job right.”

Cerino said the issue was not the job performance of the police, but the budget. He said he didn’t want to leave Dolgos and the town police “in limbo” while the decision was being made. He suggested keeping the force at its current size with Dolgos in command for 5 to 6 months while the council explored the question. He asked for a motion to that effect, which Foster made, noting that the time could be used to gather advice on possible efficiencies. Tolliver seconded the motion, and it passed by a 4-1 vote. Stetson cast the single opposing vote.

After the vote, Cerino opened the floor to comments from the audience. Allen Schauber of the Kent-Queen Anne’s Rescue Squad praised the town police for their speedy response to emergencies, noting that an officer is almost always on the scene before ambulances arrive. Other residents commented on the need to improve the town’s economy to help increase revenues.

In other business, the council voted to close two downtown streets during the Farmers Market, Saturday mornings until December,  The council also made several appointments to town commissions. Look for a fuller account of these issues in a forthcoming Chestertown Spy article.

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Kay MacIntosh of Main Street Chestertown tells the town council about the organization’s application to form a Keep Chestertown Beautiful chapter

At the Chestertown Council meeting, Sept. 16, Kay MacIntosh of Main Street Chestertown announced that the town has applied to become an affiliate in the Keep America Beautiful program, a national volunteer-based organization that works to involve individuals in improving their communities’ environments.

In a news release distributed at the meeting, MacIntosh said that Keep Chestertown Beautiful will be a new committee under the Main Street Chestertown umbrella, but will have access to the resources and funding of the national organization. She said the program is being promoted by Main Street Maryland, and that Chestertown received a grant from the state organization to cover the town’s $1,000 application fee. The fee has already been paid, she added.

MacIntosh also said that the Keep Chestertown Beautiful organization will be embarking on two activities as part of its application. One is the creation of a “community appearance index,” which will be compiled by groups of volunteers who visit six districts and rate them in terms of visible litter, graffiti, abandoned cars, and similar criteria. “That gives us a baseline, and we’re supposed to come back every year and look at them again, to see if there have been any improvements,” she said. She said the survey would focus on the downtown area, but would extend a bit beyond it – “we are going to go up the rail trail to the roundabout and also drive up High Street to the roundabout, to see whether there is any area of need,” she said,

The second research project related to the application is compiling a summary of the assets already in the community, looking at litter and waste reduction, recycling and beautification efforts such as plantings. MacIntosh said it would be an opportunity to identify which agencies and town departments are working to maintain and improve the town’s appearance, and to encourage cooperation among them.

Mayor Chris Cerino asked whether plantings would include street trees. “It’s something we’d look into,” MacIntosh said, adding that it would depend on funding. She said she had recently had a conversation with Carolyn Grotsky of Curb Appeal about three empty tree wells on High Street.

Councilwoman Linda Kuiper asked whether the town had any money for planting trees. MacIntosh said there is no grant money for that purpose at present, but that it might become available once the town is an affiliate of Keep America Beautiful.

Kuiper asked what the process would be if the survey found an abandoned mattress on a street corner. “Do you contact your resources within the town to come pick it up?” she asked. MacIntosh said that question would be part of the group’s research to determine what’s appropriate. She said she would share the group’s reports with the council when they are done.

In addition to Main Street Chestertown, the town’s Environmental Committee, the Chestertown Garden Club, and the Curb Appeal Committee of the Downtown Chestertown Association have been working to launch the initiative. The group will be chaired by David Sobers and the vice-chair will be Barbara Slocum. Anyone interested in volunteering should contact MacIntosh at manager@mainstreetchestertown.org or call 410-778-2991.

In other business, the council reappointed Cheryl Hoopes, Loretta Lodge and Bob Ortiz to the town’s Board of Supervisors of Elections.

The council also reappointed Ed Minch and Alice Ritchie to three-year terms on the Historic District Commission.

Three members of the Recreation Commission were reappointed by the council. Amy Meeks, Brandt Troup, and Emily Welsh will return to the commission. Also, Cerino nominated Dan Divilio and Emily Genther for positions on the Recreation Commission; the council will vote on the nominations at its next meeting.

Cerino said that the town is seeking members to fill vacancies the Ethics Commission and the Planning Commission. Anyone interested should contact town hall for more information.

Lt. John Dolgos, acting Chief of the Chestertown Police Department, gives the monthly police report for August

Lt. John Dolgos of the Chestertown Police Department delivered his first monthly report as acting Chief. During the month of August, the department made 13 adult arrests on 20 separate charges. There were no arrests of juveniles, defined as anyone under age 18. Officers issued 49 motor vehicle citations and 223 warnings. The Red Speed cameras on Morgnec Road issued 320 speeding citations.

Also at the meeting, the council approved permits for a RiverArts Clay Studio outdoor clay firing demonstration Nov. 9, to be held at the junction of Court Street and Memorial Plaza; for the HP Festival Wizarding Weekend, Oct. 4-5; and for the annual Halloween parade, Nov. 2.

At the end of the meeting, the council conducted a closed session at the request of Councilman Marty Stetson. The stated purpose of the session was to discuss a personnel matter.

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Chestertown Farmers Market manager Sabine Harvey submitted her resignation Saturday, Sept. 14, following a dispute with a vendor. As a result of the incident, the Chestertown Council unanimously voted to expel the vendor for disrespectful conduct toward a customer and Harvey.

Sabine Harvey, Farmers Market Manager, at a previous meeting

Mayor Chris Cerino said the dispute arose because the vendor refused to accept tokens issued by the market to customers who want to use SNAP or WIC coupons. Harvey had launched a program to expand the market’s customer base by getting vendors to accept the tokens, which the vendors could exchange for their cash equivalent. When Harvey tried to persuade the vendor to change his mind, the discussion became heated, continuing after the market closed. Following the incident, Harvey recommended that the vendor be expelled for refusal to accept the tokens and inappropriate conduct toward the customer.  The vendor’s name was not disclosed as this is an ongoing situation.

Cerino said the vendor had no prior transgressions, so he told Harvey to issue a letter of warning, which she did. However, he said, the vendor protested the decision, claiming that Harvey accused him of discriminating against the customer. The vendor said he had been at the market for 12 years without problems. He requested that town manager Bill Ingersoll serve as a mediator between the parties, as specified in the farmers market rules. Ingersoll began to gather the facts, but the process took too long to satisfy the vendor, who circulated Harvey’s warning letter to the other vendors in an effort to win their support.

Cerino said he then got emails from vendors on both sides of the issue, supporting Harvey or the other vendor. “I don’t want to manage the farmers market,” he said, adding that it was “really frustrating for me” to be called into the dispute. He said there are “a lot of big personalities” with different viewpoints on how the market should operate, recalling a meeting last year when vendors crowded into the council chamber to argue over proposed rule changes for the market. He said he anticipated a repeat of that episode at a future meeting.

Town Manager Bill Ingersoll (white shirt) tells the council his decision on an incident involving a farmers market vendor

According to Councilwoman Linda Kuiper, Harvey’s resignation came at the worst possible time, with funds not being collected at the market and families eligible for the food assistance tokens unable to pick them up. Kuiper said she was frustrated because the resignation threatened to undo eight years of progress, with an increased number of vendors and Harvey’s decision to bring the food assistance program to the market. Harvey had obtained a grant to help support the program, and when the grant funds were exhausted, set up a gofundme.com page to keep it going. Kuiper said Harvey felt that the town had not really supported her efforts. Kuiper said the resignation “upset me terribly,” calling the entire situation “inexcusable.” She said the town needs to explain to the families on the SNAP and WIC programs whether the market will continue to support them.

Ingersoll said there were two different issues to consider, the vendor’s refusal to accept tokens and his rudeness to the customer. He said the contract does not compel the vendors to accept the tokens, although most of them did, and the town would be “on shaky legal ground” to require it after the fact. He said the next contract should make that a requirement for vendors who want to participate in the market. He said that his ruling on that issue did not override Harvey’s decision to expel the vendor because of his behavior, but he said the council was free to overrule him.

Cerino said the vendors are “guests of the town,” since the market operates on town property, but some of them see participation in the market as “a god-given right.” He said he trusts Harvey, but there are always two sides to such disputes. He said the decision on how to respond to the incident with the vendor should be a united decision by the council. He said he expected the response to be “ugly either way,” because the vendor also has allies. “I don’t know why we can’t sell fruits and vegetables without any drama,” he said.

Councilman David Foster said the manager should have the authority to expel a vendor because of improper behavior. “I would be prepared to support her on that,” he said.

Ingersoll said he didn’t know if Harvey’s decision was valid if she has resigned, but that the council is the ultimate authority. He said the expulsion should be for a specific period of time. Kuiper said the end of the year would be an appropriate time, at which point the vendor could reapply for membership.

Kuiper said that she would volunteer to manage the market until a permanent replacement for Harvey can be found, on condition that the expulsion of the vendor is upheld. She said vendors should be required to display a sign if they don’t accept SNAP or WIC payments. She said as far as she knew, the expelled vendor was the only one who didn’t accept the payments. Also, she said, the council should support Harvey’s efforts to create a separate limited liability corporation with its own board of directors to oversee the market. She said it could be on the model of the Friends of the Dog Park, which has financed numerous improvements for that facility without cost to the town.

Ingersoll said a community member had contacted him to volunteer to help out with the market until a permanent manager could be appointed. He said he would put Kuiper in touch with the volunteer, who he said would be a real asset in helping her through the situation. “I wish Sabine would reconsider,” he said. He said other vendors would support her. He noted that when the council rewrote the rules for the market last year, it wanted to give the manager more power. However, he said, many of the vendors wanted fewer rules.

Harvey, who was not present at the meeting, said in an email to the Chestertown Spy that she would not reconsider her resignation.  She wrote, “I resigned as market manager because I found myself in a situation that is way beyond anything I am even remotely comfortable with.  The situation is a direct result of the organizational structure of the market.  Most markets are run independently, with a manager that reports to a board.  Our market is overseen by the Town Council, which means that political concerns can enter into decisions.  Ultimately, the manager doesn’t have much actual authority to resolve problems.  I think the best way forward for the Chestertown Market is to adopt a new framework. It should be managed not by the town, but by a group of people consisting of an independent board.”

Harvey is a Maryland Master Gardener who works as an Extension Program Assistant in the Kent County extension office of the University of Maryland College of Agriculture and Natural Resources.  She has also been the chair and a main organizing force behind Chestertown’s Tea Party for several years now.

[UPDATE: Jon Hanley wrote in an email to the Spy that he will be manning the SNAP/WIC booth at the market.]

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