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COMMISSIONERS MEETING
March 16, 2010
The Board of County Commissioners for Cecil County met in regular session at the Cecil County Administration Building, 200 Chesapeake Blvd., Elkton, MD. The following members of the Board were present:
Brian L. Lockhart, President Rebecca J. Demmler, Vice President Wayne L. Tome, Commissioner Robert J. Hodge, Commissioner James T. Mullin, Commissioner
Constituting a full Board.
The Board adjourned into a Closed Session at its work session on March 9, 2010 at 10:20 A.M., motion was made by Commissioner Tome, seconded by Commissioner Hodge and unanimously carried pursuant to MD Annotated Code – State Government 10-508 (a) (1) Personnel matters; (3) Consider the acquisition of real property for a public purpose and matters directly related thereto; (7) Consult with counsel to obtain legal advice; (9) Conduct collective bargaining negotiations or consider matters that relate to the negotiations. Present: Commissioners Lockhart, Demmler, Tome, and Hodge; H. Norman Wilson, Counsel; Administrator Wein; Director Donna Nichols, Director Scott Flanigan; Budget Manager Whiteford. Topics of Discussion: Personnel matters: request to fill position; consult with counsel to obtain legal advice: contractual matters relating to wastewater operations agreement; wastewater treatment plant proposed property acquisition; collective bargaining discussion. Actions Taken: Directed Director Flanigan to review proposed revised operations agreement. Director Nichols discussed with Board various personnel issues relating to Relay of Life – casual Mondays and specific employee retirement concerns. Board decided to seek guidance from G.S. Proctor relating to current collective bargaining legislative matters. Meeting adjourned at 11:31 A.M. The Board reconvened at 12:00 Noon, motion was made by Commissioner Demmler and seconded by Commissioner Tome and unanimously carried pursuant to MD Annotated Code – State Government 10-508 (a) (7) Consult with counsel to obtain legal advice; (9) Conduct collective bargaining negotiations or consider matters that relate to the negotiations. Topics of Discussion: Conference call to discuss legislation for Wednesday and Thursday with G.S. Proctor. Meeting adjourned at 12:45 P.M.
The Board adjourned into a Closed Session at its work session on March 16, 2010 at 11:30 A.M. motion was made by Commissioner Lockhart, seconded by Commissioner and unanimously carried pursuant to MD Annotated Code – State Government 10-508 (a) (1) Personnel matters; (9) Conduct collective bargaining negotiations or consider matters that relate to the negotiations. Present: Commissioners Lockhart, Demmler, Hodge & Mullin; Administrator Wein; Director Nichols, and Gale Dempsey. Topics of Discussion: Discussion with employee regarding health coverage eligibility at time of retirement; request for waiver of 5 year health plan coverage requirement in order to be eligible for same at retirement. Discussion relating to March 15, 2010 proposal from Senators Pipkin and Jacobs relating to amendment to SB 726 – Collective Bargaining – Representation of Deputy Sheriffs Arbitration – Referendum – non-binding arbitration. Actions Taken: Consensus of Commissioners was to oppose March 15, 2010 proposal (SB 726) relating to amendments to SB 726 which would result in collective bargaining with non-binding arbitration. Board also indicated continued opposition to original SB 726 by consensus. Meeting adjourned at 12:00 Noon.
The meeting of the Board of County Commissioners for Cecil County, March 16, 2010 was called to order by Commissioner Lockhart at 7:00 p.m. and opened with the Pledge of Allegiance.
The following minutes were unanimously approved by the Board:
February 23, 2010 Worksession Minutes February 23, 2010 Closed Session Minutes March 2, 2010 Worksession Minutes March 2, 2010 Regular Board Minutes March 2, 2010 Board of Health Minutes March 9, 2010 Rezoning Hearing Minute
- PUBLIC HEARINGS –
- MASTER WATER & SEWER PLAN TEXT AMENDMENT 3.2.4 & 4.1.4. CHESAPEAKE CITY –
Eric Sennstrom, Director of Planning & Zoning presented a text amendment pursuant to the request of the Town of Chesapeake City proposing to extend the Town's 8" water line 5,000 linear feet to serve the Bohemia Manor School complex.
The Cecil County Planning Commission at their meeting on March 15, 2010 forwarded a recommendation of approval of the proposed amendment.
The text amendment will be placed on the Board's agenda for consideration at the April 6, 2010 Board of County Commissioners meeting.
COMMENTS SUPPORT/OPPOSITION:
Sharon Weygand, Town Administrator, Chesapeake City – spoke on behalf of the town of Chesapeake City, Mayor, Frank Hill, also present and in support of the proposed text amendment, that will address water quality issues at Bohemia Manor.
- MASTER WATER & SEWER PLAN TEXT AMENDMENT – TABLE 8 – PRIVATE COMMUNITY SEWERAGE SYSTEMS –
Director Sennstrom presented an amendment to the Master Water & Sewer Plan, Table 8, Private Community Sewerage Systems at the request from Maple Hill Trailer Park to update the tables to reflect upgraded discharge permits.
The Cecil County Planning Commission at their meeting on March 15, 2010 forwarded a recommendation of approval of the proposed amendment.
The proposed amendment to the Water & Sewer Plan will be placed on the Board's agenda for consideration at the April 6, 2010 Board of County Commissioners meeting.
COMMENTS SUPPORT/OPPOSITION –
John Benjamin, Maple Hill Trailer Park – spoke in support of the proposed amendment.
- DRAFT – CECIL COUNTY COMPREHENSIVE PLAN, PLANNING COMMISSIONS' COMPENDIUM OF CHANGES, PLANNING COMMISSIONS RECOMMENDATIONS –
Director Sennstrom introduced Anthony Di Giacomo, Principal Planner, Office of Planning & Zoning and Clive Graham, Consultant, Environmental Resources Management, Inc., who will be presenting the draft of the Citizens Oversight Committee Recommended Plan of the Cecil County Comprehensive Plan forwarded to the Board of County Commissioners with a compendium of changes from the Cecil County Planning Commission.
Mr. Di Giacomo reviewed the changes between the land use maps (page 3-8 contained in the draft Comprehensive Plan crafted by the Citizen's Oversight Committee and that revised by the Planning Commission.
· On Map 3.3, Future Land Use, change the designation for the Residential Low Density area north of Elkton, area bounded by a line parallel to and 1,200 east of Cat Swamp Road, a line parallel to an 1,200 feet south of Jackson Hall School Road, the Delaware state line, and Barksdale Road, to Residential Medium Density, with the two 1,200 feet buffers to serve as low density transition zones.
· On Map 3.3, Future Land Use, for the balance of the area bounded by Appleton Road in the west, MD 273 on the North, the Delaware state line to the east, and Barksdale Road on the south, that area is to remain Low-Density Residential.
· On Map 3.3, Future Land Use, Change the designation for the Medium High Density residential area south of Elkton and Frenchtown Road, and east of MD 213 to Low Density residential.
· On Map 3.3, Future Land Use, change the designation for the areas north and south of Chesapeake City consistent with the changes requested by the Town in their December 14, 2009 Cecil County Comprehensive Plan comment letter.
Insofar as policy is concerned, Mr. Di Giacomo explained that the Planning Commission – crafted draft Comprehensive Plan recommends expanding the 25 foot setback to a buffer of 75 feet only outside the Designated Growth Area and only for non-tidal wetlands greater than 5,000 feet in size, whereas the previous draft recommended expanding the 25 foot non-tidal wetland buffer to 75 feet for all non-tidal wetlands outside the Designated Growth Area.
Clive Graham, Environmental Resources Management, commended the Citizen's Oversight Committee's dedication under the strong leadership of Dr. Diane Lane for this project which lasted two and one half years. This plan addressed not only land use, but transportation, economic development, water and natural resources, community facilities and housing, in an effort to craft a document that reinforces the plan to keep growth within the growth corridor and to maintain the rural character of the county. The plan has a very strong emphasis on the Route 40 corridor and of find new water sources to serve this area.
COMMENTS:
Jason Allison, Attorney, 157 East Main Street, Elkton – representing residents Arthur and Leslie Hill of 2 Harvest Lane, Elkton, MD, commented in opposition to the proposed reclassification of zoning from SR to NAR of property they own consisting of 20.28 acres. The Hill's purchased the property in 1991 as an investment property and has a plan to develop the acreage as permissible with the SR zoning.
Ron Hamlin, 9 Lochcarron Drive, Elkton – commented in support of low density zoning within the Fair Hill area.
Eric Amon, Haynes & Kibblehouse and Red Hill, Ltd – requested that the Board consider that a contiguous parcel identified as Map No. 2, Grid 14, parcel 110 owned by Hayes & Kibblehouse, located on the west side of the intersection of US 222 and Quarry Road, consisting of 53.3995 acres be included in the Mineral Extraction "A" Zoning District in the 2010 Comprehensive Plan for future expansion of mineral extraction.
Dan Derr, Conowingo, MD – commented on behalf of the Cecil County Farm Bureau and their recommendations for agricultural land preservation within Cecil County.
Sue Fuhrman, Lochcarron Drive, Elkton – commented in support of low density zoning in the northeastern portion of the county.
Ken Wiggins – commented in support of the recommendations of the Cecil County Farm Bureau for the 2010 Comprehensive Plan. Harlan Williams, Elkton – commented in opposition to the down zoning in the northeastern portion of the county.
Tony Nunn, Elkton – commented against lowering the density area and spoke of the devaluation of his property should a down-zoning occur.
William Stritzinger – commented in opposition to lower density in the northeastern portion of the county and of the rights of the property owners in that area. He also commented about the compromises of the Planning Commission in reaching their final recommendations.
Corby Sharp, Elkton – commented in opposition to down-zoning of her property located on Barksdale Road.
Greg Hatfield – commented in opposition to down-zoning of his properties located on Jackson School House Road.
- PUBLIC COMMENT –
Ron Lobos, 10 Academy Drive, Elkton – thanked Commissioner Hodge for his attendance and input at several public meetings over the last several weeks. He further commented about the Board's fiscal responsibility and encouraged the Board to be creative in the budget process.
- ACTION ITEMS –
- TEXT AMENDMENT – SUBDIVISION REGULATIONS, ARTICLE IV, SECTION 4.2.6; ARTICLE IV, SECTION 4.2.15 –
Eric Sennstrom, Director of Planning & Zoning presented the text amendment to the Cecil County Subdivision Regulations, Article IV, Sections 4.2.6 & 4.2.15 that would amend the present language to allow for the utilization and execution of subdivision agreements as presented during a public hearing at the Board's meeting on March 2, 2010.
Motion to approve the text amendment to Article IV, Section 4.2.6 & Section 4.2.15 was made by Commissioner Hodge, seconded by Commissioner Tome and unanimously carried to approve. A copy of the text amendment is attached hereto and incorporated into these minutes.
- TEXT AMENDMENT – ZONING ORDINANCE, ARTICLE IX, SECTION 180 –
Director Sennstrom presented the text amendment to the Zoning Ordinance, Article IX, Section 180 amending language to allow for the utilization and execution of subdivision agreements as presented during a public hearing at the Board's meeting on March 2, 2010.
Motion to approve the text amendment to Article IX, Section 180 was made by Commissioner Hodge, seconded by Commissioner Tome and unanimously carried. A copy of the text amendment is attached hereto and incorporated into these minutes.
- TEXT AMENDMENT – MASTER WATER & SEWER PLAN, AMEND SECTION 4.1.9 B -
Director Sennstrom presented a text amendment to the Master Water & Sewer Plan, Section 4.1.9B that proposes to add language relative to a denied access force main that will be constructed for the purpose of serving five properties west of Carpenter's Point Road that are outside of the designated Priority Funding area as presented during a public hearing on March 2, 2010.
Motion to approve the text amendment to the Master Water & Sewer Plan 4.1.9.B was made by Commissioner Hodge, seconded by Commissioner Tome and unanimously carried to approve. A copy of the amendment is attached hereto and incorporated into these minutes. - AMENDMENT TO THE CECIL COUNTY CODE, CHAPTER 265 THROUGH ORDINANCE 2010-02, CECIL COUNTY WATER & SEWER MAIN STANDARD SPECIFICATIONS & DETAILS, SECTION 0100 A –
Director Flanigan presented Ordinance 2010-02 amending the County Code, Chapters 265, section 0100 10.A and Chapter 242, section 11.02 amending language in those sections to allow for the utilization and execution of subdivision agreements.
Motion to adopt Ordinance 2010-02 was made by Commissioner Hodge, seconded by Commissioner Mullin and unanimously carried. A copy of this ordinance is attached hereto and incorporated into these minutes.
- AMENDMENT TO CECIL COUNTY CODE, CHAPTER 242 THROUGH ORDINANCE 2010-03, CECIL COUNTY ROAD CODE & STANDARD SPECIFICATIONS –
Director Flanigan presented Ordinance 2010-03 amending the County Code, Chapter 242, Section 11.02 amending language to allow for the utilization and execution of subdivision agreements.
Motion to adopt Ordinance 2010-03 was made by Commissioner Hodge, seconded by Commissioner Tome and unanimously carried. A copy of this ordinance is attached hereto and incorporated into these minutes.
- REZONING DECISION – FILE NO. 2010-01 CYNTHIA MONGER –
Administrator Wein presented File No. 2010-01 a request to rezone 3.5781 acres from Suburban Residential (SR) to Business General (BG), located at the corner of Little Egypt Road & New London Road, Elkton, MD; property owners: Cynthia L. Monger and Eric S. Sennstrom.
This rezoning hearing was heard by the Board on March 9, 2010 and is before the Board for a decision.
Motion to disapprove the rezoning request was made by Commissioner Demmler, seconded by Commissioner Hodge and carried by a vote of 4-0. Commissioner Mullin abstained from the vote. - DEPARTMENT OF PUBLIC WORKS -
- APPLETON ROAD BRIDGE REPLACEMENT OPTION CONTRACT & ENTRY AGREEMENT WITH MILBURN LIMITED PARTNERSHIP -
Upon the recommendation of Director Flanigan, motion to approve the Option Contract & Entry Agreement with Milburn Limited Partnership was made by Commissioner Hodge, seconded by Commissioner Tome and carried by a majority vote. Commissioner Demmler was not in favor of the action.
BID NO. 10-24 ARRA REHABILITATION OF VARIOUS CECIL COUNTY ROADWAYS –
Upon the recommendation of Director Flanigan, motion to award Bid No. 10-24 ARRA Rehabilitation of Cecil County Roadways to American Infrastructure in the amount of $1,389,555.60 was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried.
- WEED CONTROL – MEMORANDUM OF UNDERSTANDING –
Upon the recommendation of Director Flanigan, motion to approve the Weed Control Memorandum of Understanding between the Maryland Department of Agriculture and Cecil County was made by Commissioner Hodge, seconded by Commissioner Demmler and unanimously carried to approve. A copy of the memorandum is attached hereto and incorporated into these minutes.
The next regular meeting of the Board of County Commissioners will be on April 6, 2010 at 7:00 p.m. at the Cecil County Administration Bldg., 200 Chesapeake Blvd., Elkton, MD 21921.
There being no further business of the County Commissioners, the meeting was adjourned. > |