KENT COUNTY, MARYLAND
COUNTY COMMISSIONER'S

PUBLIC HEARING - 3/7/2000

Code Home Rule Bill No. 2-2000

Dulin Rubblefill Closure

March 7, 2000

A Public Hearing was held on Tuesday, March 7, 2000, at 10:00 a.m. in the County Commissioners' Hearing Room, County Government Center, Chestertown, Maryland on Code Home Rule Bill No. 2-2000 which is:

AN ACT to authorize and empower County Commissioners of Kent County to issue sell, upon its full faith and credit, a general obligation installment bond in an aggregate principal amount not to exceed Seven Hundred Thousand Dollars ($ 700,000.00), pursuant to the authority of Section 14 through 19, inclusive, of Article 25B of the Annotated Code of Maryland (1998 Replacement Volume, as replaced, supplemented or amended) and Sections 9-1601, through 9-1622, inclusive, of the Environmental Article of the Annotated Code of Maryland (1996 Replacement Volume, as replaced, supplemented or amended) and to be designated "County Commissioners of Kent County Water Quality Bond, Series 2000", the bond is to be issued and sold and the proceeds thereof to be used and applied for the public purpose of financing or refinancing all or a portion of the cost of closure and capping of Dulin Rubble Landfill, as more fully described herein, determining that the bond be sold to the Maryland Water Quality Financing Administration by private sale, without public bidding; empowering and directing the County to levy ad valorem taxes in rate and amount sufficient to provide funds for the payment of the maturing principal of and interest on the bond and pledging the full faith and credit and unlimited taxing power of the County to the prompt payment of the principal of and interest on the bond; providing that the principal of and interest on the bond may also be paid from any sources of revenue lawfully available to the County for that purpose; authorizing the approval of a loan agreement with the Maryland Water Quality Financing Administration pursuant to a subsequent resolution or resolutions of the Board of County Commissioners; pledging any moneys that the County is entitled to receive form the State of Maryland, to secure its obligations under the loan agreement; authorizing and directing the payment of any fees or costs provided for in the loan agreement which are not payable from bond proceeds , providing not withstanding anything to the contrary contained in this public local law, the County shall use and apply proceeds of the bond only as permitted by the loan agreement, the Clean Water Act (as defined in the loan agreement) and the Act (as defined in the loan agreement); authorizing the adoption of a resolution or resolutions of the Board of County Commissioners to determine and provide for various matters relating to the bond; exempting the bond from the provisions of Sections 9 to 11, inclusive, of Article 31 of the Annotated Code of Maryland (1997 Replacement Volume, as replaced, supplemented or amended); authorizing the issuance of, in one or more series, a general obligation bond anticipation note or notes, in an aggregate principal amount is not to exceed Seven Hundred Thousand Dollars ($700,000.00), prior to and anticipation of the sale of the bond; authorizing and directing officials and employees of the County to take any and all action necessary to complete and close the issuance, sale and delivery of the bond and any notes; repealing Bill No. 5-99 which authorized the County to borrow upon its full faith and credit, not more than Three Hundred Thousand Dollars ($300,000.00) for the closure and capping of Dulin Rubble Landfill; providing that this title be deemed a fair summary of this public local law for all purposes; and otherwise generally relating to the issuance, sale, delivery and payment of and for the bond and the note or notes.

County Commissioners Ronald H. Fithian, Larry B. Beck and W. Michael Newnam were in attendance as well as Ernest S. Cookerly, County Attorney, Charles "Chip" MacLeod, Esq., County's Bond Counsel, Alexander P. Rasin, III, Esq., Carter Stanton, Director of Public Works, Rex Kershaw and members of the media.

Notice of the public hearing was read into the record by Commissioner Newnam.

Mr. Kershaw who questioned the increased borrowed amount from $300,000.00 to $700,000.00 as it relates to the closure project. Commissioner Beck explained that originally the County had anticipated receiving funding assistance from the State, leaving a balance of $300,000.00 to complete the project. However, additional funding did not come to fruition and the full amount of $700,000.00 would be required to be borne by the County to complete the project.

Commissioner Fithian advised Mr. Kershaw that the closure project was mandated by the State and that since the landfill contains tree limbs (organic waste) and construction waste, he did not see the need for the strict regulations which has resulted in a large expenditure for the County. However, the County is obligated to complete the project.

Mr. MacLeod, Bond Counsel, stated that the County was borrowing the money at a very competitive rate (3%).

Mr. Rasin commented that the State Highway Administration initially contributed to the waste that is in the landfill and suggested the State be reminded of its input.

Mr. Kershaw inquired if a record was kept of all waste placed in the landfill. Mr. Stanton addressed that question by reporting that the State inspects the landfill on a monthly basis and continues to do so after the facility has been closed.

This hearing was taped for reference and adjourned at 10:17 a.m.

The third reading of this proposed legislation will be held on March 21, the next legislative day.

THE COUNTY COMMISSIONERS

OF KENT COUNTY, MARYLAND

Janice F. Fletcher

Executive Assistant

Approved:

Ronald H. Fithian, President