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COMMISSIONERS MEETING March 18, 2008
The Board of County Commissioners for Cecil County met in regular session at the County Administrative Building, Chesapeake City Town Hall, 108 Bohemia Ave., Chesapeake City, MD. The following members of the Board were present: William C. Manlove, President Mark H. Guns, Vice President Rebecca J. Demmler, Commissioner Brian Lockhart, Commissioner Wayne L. Tome, Sr., Commissioner Constituting a full Board.
The meeting of the Board of County Commissioners for Cecil County, March 18, 2008 was called to order by Commissioner Manlove at 7:00 p.m. and opened with the Pledge of Allegiance.
The minutes from the March 4, 2008 meeting of the Board of County Commissioners were unanimously approved. The minutes from the March 4, 2008 Board of Health were unanimously approved. The minutes from the March 4, 2008 rezoning hearings were unanimously approved. -COMMISSIONERS' COMMENTS- President Manlove - commented about the trip to Annapolis to present testimony regarding the Special Taxing District legislation. Commissioner Tome - declined comment. Vice President Guns - declined comment. Commissioner Demmler - thanked the Town of Chesapeake City for hosting the meeting. Commissioner Lockhart - declined comment. - TREASURER'S REPORT - The Treasurer's Report for the period ending 1/31/08 was presented by Lisa Saxton, Accounting Manager, in the absence of Ms. Howard. A copy of this report is attached hereto and incorporated as part of these minutes. - 2007 PLANNING COMMISSION ANNUAL REPORT - Eric Sennstrom, Director of Planning and Zoning, presented the Board with the 2007 Planning Commission Annual Report, pursuant to Section 3.09 of Article 66B of the Annotated Code of Maryland. This report covers the development activity that has occurred in Cecil County including major and minor subdivisions, rezonings, special exceptions, variances, appeals, historic district designations, agricultural preservations, code violations, building permits, and site plans. - PROCLAMATION - AGRICULTURE WEEK - President Manlove presented a proclamation to John Lee, President of the Agricultural Board in honor of Agriculture Week, March 16 - 22nd. - TEXT AMENDMENT, SUBDIVISION REGULATIONS - AMEND ARTICLE II, SECTION 3.4 PENALTIES - Director Sennstrom presented the revised text amendment to the Cecil County Subdivision regulations, Article II, Section 3.4 Penalties as directed by the Board and recommended by the Planning Commission in January. The text amendment reads as follows: [The following penalties and remedies shall apply for the transfer or sale of lots in an unapproved subdivision:] If the owner or agent of the owner of any land located within a subdivision transfers or sells or agrees to sell or negotiates to [or advertises to sell] sell any land by reference to or exhibition of or by other use of a plat of a subdivision , before the plat has been approved by the Planning Commission and recorded or filed in the office of the appropriate county clerk, the owner or agent of the owner shall forfeit and pay a civil penalty of not less than $200 and not more than $1,000 in the discretion of the court, for each lot or parcel so transferred or sold [or advertised to sell] or agreed or negotiated to be sold; and the description of the lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from the penalties or from the remedies herein provided. The County or municipal corporation may enjoin the transfer or sale or agreement by action for injunction brought in any court or equity jurisdiction or may recover the penalty by civil action in any court of competent jurisdiction. [Addition] COMMENTS SUPPORT/OPPOSITION: None. Mr. Sennstrom advised the Board that the Planning Commission recommended disapproval of the proposed text amendment. This matter will be placed on the Board's agenda as an action item at the April 1, 2008 Board of County Commissioner's meeting. - TEXT AMENDMENT, 2004 MASTER WATER & SEWER PLAN - THE WILNA FARM - Brian Morgan of KCI Technologies on behalf of Lee and Elizabeth Larson presented a request to amend the 2004 Master Water & Sewer Plan to include a property located at 1200 Blue Ball Road, Elkton, MD, known as the Wilna Farm and to revise the plan to W-3 and S-3 for water and sewer respectively. This property is currently separated from the W-3 and S-3 service areas by the I-95 right-of-way. This request was previously denied by the Board with an opinion that the benefit to the County at that time was not significant enough to merit approval. Since that time, additional testing has occurred resulting in evidence of a substantial increase in well yield. In addition to an existing artesian well producing 0.58 mgd, a second well has been installed with MDE's authorization capable of producing a combined yield in excess of 0.2 mdg. At a maximum yield, this would be equivalent of 916 ELU'S. Mr. Senntrom advised the Board that the Planning Commission has recommended approval of the amendment. This matter will be placed on the Board's April 1, 2008 Board of County Commissioners agenda as an action item. - PUBLIC COMMENT - Rose Brown, 350 Frenchtown Road, Elkton, MD - commented about the historical aspects of the property population and about the water problems that have plagued the area over the years. She spoke in opposition to the reclassification and development of the area. Ronald Rae, 4 St. Pat's Circle, Elkton, MD - commented about trans-fats health issues and awareness. Robert Aiken, 35 Irwin Ave., Elkton - commented in opposition to the re-designation of the critical area as requested by the Town of Elkton, referencing the wild life habitats that exist on the property and a cemetery that is on the property. Chuck Gregg, 18 Pine Valley Road, Elkton - commented in opposition to the proposed text amendment, Article II, Section 3.4 Penalties and stated that the current state statue regulates the sale of unapproved lots. Gary Collins, 105 Irwin Ave., Elkton - commented in opposition to the re-designation of the critical area for intensely developed purposes. Tom McWilliams, 245 Plum Point Road, Elkton - commented about the ecological impacts the re-designation may cause to the waterways. Susie Campbell, 734 Mt. Nebo Road, Chesapeake City - commented in opposition to the re-designation of the critical area. Gwen Clayton, 716 Mt. Nebo Road, Chesapeake City - commented in opposition to the re-designation of the critical area. Patrick Sypolt, 287 Principio Road, Port Deposit, MD - commented in opposition to the rezoning request by York Building Products. He stated his concerns for the environment and the impact on property values. Owen Thorne, 20 Hillwood, Elkton - commented about the Planning Commission's Annual Report and the number of building permits issued outside of the designated growth area. He further commented in opposition to the re-designation of the critical area as requested by the Town of Elkton. Christopher Diebold, 131 Old Bayview Road, North East - commented in opposition to the proposed text amendment, Article II, Section 3.4. Dottie Walker, 48 River Lane, Chesapeake City - commented in opposition to the proposed text amendment, Article II, Section 3.4. Dwight Thomey, 18 Lake Forest Drive, Elkton - commented in opposition to the proposed text amendment, Article II, Section 3.4 and suggested that the Board consider amending the text to include a clear disclaimer that no lot may be contracted/sold until final plat approval by the Planning Commission. - REQUEST FOR CHESAPEAKE BAY CRITICAL AREA GRWOTH ALLOCATION FROM THE TOWN OF ELKTON; TAX MAP 323, PARCELS 79,91, & 454, SOUTHSIDE LLC, 64.22 ACRES FROM RESOURCE CONSERVATION AREA (RCA) TO INTENSELY DEVELOPED AREA (IDA) - Commissioner Demmler made a motion to disapprove the request for re-designation and stated that she has too many unanswered questions, and without being able to review a plan for the area she will not support it. Vice President Guns, seconded the motion and commented that an ordinance needs to be in place relating to critical area re-designations. President Manlove stated that he supports Vice President Guns, however, must support the Town's request in this matter. The motion was not passed. VOTE: Manlove - N Guns - Y Demmler - Y Lockhart - N Tome - N Commissioner Lockhart made a motion to approve the re-designation as requested by the Town of Elkton. Commissioner Tome seconded the motion and it was carried by a majority vote. VOTE: Manlove - Y Guns - N Demmler - N Lockhart - Y Tome - N - REZONING DECISION - FILE NO. 2008-02 & 03 YORK BUILDING PRODUCTS - Commissioner Demmler made a motion to disapprove the rezoning request of York Building Products, based on no substantial change to the area. Commissioner Tome seconded the motion. The motion was not carried. VOTE: Manlove - N Guns - N Demmler - Y Lockhart - N Tome - Y Vice President Guns made a motion to approve the rezoning request based on a mistake in the comprehensive rezoning of 1993. Commissioner Lockhart seconded the motion. The motion carried by a majority vote. VOTE: Manlove - Y Guns - Y Demmler - N Lockhart - Y Tome - Y - REZONING DECISION - FILE NO. 2008-04 GARFIELD CARGILL - Commissioner Demmler made a motion to approve the request for rezoning based upon mistake in the 1993 Comprehensive Rezoning. The motion was seconded by Vice President Guns and unanimously carried to approve. - CRITICAL AREA MAP AMENDMENT - REQUEST FROM ANCHOR MARINA, TAX MAP 31, PARCEL 1104, BUFFER EXEMPT AREA - Motion to approve the request from Anchor Marina, for a buffer exempt area was made by Vice President Guns, seconded by Commissioner Lockhart and unanimously carried to approve. - EMERGENCY PROCUREMENT - GENERATORS - Director Richard Brooks presented a request to the Board for the procurement of emergency generators, pursuant to a grant in the amount of $140,000. These generators will be distributed to local police agencies for emergency use in the instance of mass casualty and/or hazmat situations. Motion to approve the request was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried to approve.
- DEPARTMENT OF PUBLIC WORKS -
W. Scott Flanigan, Director of Public Works presented the following DPW items: - ROAD WIDENING DEED OF EASEMENT - JOHN & RHONDA FUTTY -
Upon the recommendation of Mr. Flanigan, motion to approve the deed granting a 5-ft. road widening easement on Hances Point Road, between the Board of County Commissioners and John & Rhonda Futty was made by Vice President Guns, seconded by Commissioner Lockhart and unanimously carried to approve. - BID AWARD NO. 08-27-54008 - PINE HILLS AC PIPE REPLACEMENT - Upon the recommendation of Mr. Flanigan, motion was made by Commissioner Lockhart, seconded by Commissioner Tome and unanimously carried to award Bid No. 98-27-54008 to Crouse Brothers, in the amount of $178,000. - BID NO. 07-58 - EMS PARAMEDIC EQUIPMENT - Upon the recommendation of the Department of Emergency Services and the purchasing agent, motion to cancel Bid 07-58 was made by Commissioner Lockhart, seconded by Vice President Guns and unanimously carried. - BUDGET AMENDMENT NOS. - 78 - 79 - Motion was made by Commissioner Lockhart, seconded by Vice President Guns, and unanimously carried to approve Budget Amendment Nos. 78-79. A copy of these budget amendments are attached hereto and made part of these minutes. The next regular meeting of the Board of County Commissioners will be held on Tuesday, April 1, 2008 at 7:00 p.m. at the County Administrative Building, 200 Chesapeake Blvd., Elkton, MD. There being no further business of the County Commissioners, the meeting concluded.
_____________________________ Alfred C. Wein, Jr. County Administrator
Approved: ____________________________ William C. Manlove, President > |