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COMMISSIONERS MEETING March 20, 2007 The Board of County Commissioners for Cecil County met in regular session at the County Administrative Building, 107 North Street, Elkton, MD, on Tuesday, March 20, 2007. The following members of the Board were present: William C. Manlove, Commissioner Mark H. Guns, Commissioner Rebecca J. Demmler, Commissioner Brian Lockhart, Commissioner Constituting a majority board. The Board adjourned into a closed session at its March 13, 2007 work session. Motion was made by Vice President Guns and seconded by Commissioner Lockhart to adjourn to closed session and unanimously carried, to consider a matter that concerns the proposal for a business to locate in the County; the acquisition of real property and personnel and contract negotiations pursuant to the Annotated Code of Maryland State Government 10-508 (a) (1), (3), (4) and (14). The Board adjourned into a closed session at its March 20, 2007 work session. Motion was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried, pursuant to personnel matters, obtain legal advice and discuss negotiating strategy pursuant to State Government Article 10-508 (a) 1 (i), (ii); (7), & (14). The meeting of the Board of County Commissioners for Cecil County, March 20, 2007 was called to order by Commissioner Manlove at 7:00 p.m. and opened with the Pledge of Allegiance. The minutes from the March 6, 2007 meeting of the Board of County Commissioners were unanimously approved. The minutes from the March 6, 2007 rezoning hearing were unanimously approved. The minutes from the March 6, 2007 Board of Health were unanimously approved. -COMMISSIONERS' COMMENTS- President Manlove - thanked the Town of Chesapeake City for hosting the meeting. He further commented about the recent hearing in Annapolis concerning Amtrak service to Elkton. Commissioner Lockhart - offered no comment. Commissioner Demmler - offered no comment. Vice President Guns - offered no comment. - TREASURER'S REPORT - Pamela Howard, Treasurer for Cecil County presented the Treasurer's Report for the period ending February 28, 2007. A copy of this report is incorporated into these minutes. - PROCLAMATION - AGRICULTURE WEEK - President Manlove presented a proclamation in honor of Agriculture Week to Joann Young. - CECIL COUNTY PLANNING COMMISSION ANNUAL REPORT FOR 2006 - Eric Sennstrom, Director, Planning & Zoning presented the Annual Report of the Planning Commission. Pursuant to Section 3.09 of Article 66B of the Annotated Code of Maryland this report is prepared and presented to the Board annually. The report covers the development activity that has occurred in Cecil County during the calendar year 2006. This activity includes major and minor subdivisions, rezoning, special exceptions, variances, appeals, historic district designations, agricultural preservation, code violations, building permits, and site plans. - PUBLIC HEARINGS - - RESOLUTION ALTERING THE CURRENT RATE OF REDEMPTION ON PORPERTIES SOLD AT TAX SALE FROM 6% TO 12% (1% PER MONTH), EFFECTIVE ON JUNE 1, 2007 - Pamela Howard, Treasurer presented a resolution that would alter the current rate of redemption on properties sold at tax sale from the current 6% to 12% (1% per month), effective on June 1, 2007, and to apply this rate to all properties sold at tax sales thereafter. The change is more reflective of current economic conditions with respect to the "tax sale" process. This resolution will be presented to the Board for consideration and adoption at the April 3, 2007 meeting of the Board of County Commissioners. COMMENTS SUPPORT/OPPOSTION: None - TEXT AMENDMENT - ZONING ORDINANCE - Amend Article II, Part I, Section 12 Definitions of Basic Terms Summary - Proposing to define developer in the Chesapeake Bay Critical Area, define program amendment, and define program refinement Amend Article XI, Part 1, Section 205 Growth Allocation Summary - Proposing to add language relative to the location of new Intensely Developed Areas and new Limited Development Areas Amend Article XI, Part 1, Section 203 Amendments in the Critical Area District Summary - Proposing to add language relative to information required to be sent to CBCAC and the Chairman's action thereon Director Sennstrom presented the following text amendments to the Cecil County Zoning Ordinance in accordance with the State's Critical Area Commission. [Addition] {Deletion} ARTICLE II, PART I, SECTION 12. Definitions of Basic Terms Developer. A person who is responsible for any undertaking that requires a zoning permit, conditional use permit, sign permit, site plan or subdivision approval. [In the Chesapeake Bay Critical Area, a developer means a person who undertakes development activity as defined in this ordinance; or a person who undertakes development as defined in the criteria of the commission.] [Program Amendment. Any change or proposed change to an adopted program that is not determined by the Chairman of the Critical Area Commission to be a program refinement.] [Program Refinement. Any change or proposed change to an adopted program that the Chairman of the Critical Area Commission determines will result in a use of land or water in the Chesapeake Bay Critical Area in a manner consistent with the adopted program, or that will not significantly affect the use of land or water in the Critical Area. Program refinement may include: A change to an adopted program that results from state law;
ARTICLE XI, PART I, SECTION 205. Growth Allocation (GA) District [9. When locating new Intensely Developed or Limited Development areas, the County shall use the following guidelines: (a) Locate new Intensely Developed Area in a Limited Development Area or adjacent to an existing Intensely Developed Area; (b) Locate a new Limited Development Area adjacent to an existing Limited Development Area or an Intensely Developed Area; (c) Locate a new Limited Development Area or an Intensely Developed Area in a manner that minimizes impacts to a habitat protection area as defined in COMAR 27.01.09 and in an area and manner that optimizes benefits to water quality; and (d) Locate new Intensely Developed Area or a Limited Development Area in Resource Conservation Area at least 300 feet beyond the landward edge of tidal wetlands or tidal waters. (e) New Intensely Developed Areas should be located where it will minimize impacts to the defined land uses of the Resource Conservation Area. When the County submits a request for the Commission to review and approve the use of growth allocation, the request shall state how the local jurisdiction has applied the preceding guideline. The Commission shall ensure that the guidelines set forth in this section have been applied in a manner that is consistent with the purposes, policies, goals, and provisions of the Critical Area law and all criteria of the Commission.] ARTICLE XI, PART I, Section 203. Amendments in the Critical Area District [4. When the County submits a request for review and approval of any changes to any element of the County's Critical Area program including, but not limited to, the zoning ordinance, subdivision regulations, or Critical Area maps, the request shall include all relevant information necessary for the Chairman, and as appropriate, the Commission, to evaluate the changes. The Chairman, and as appropriate, the Commission, shall determine if the requests for program changes are consistent with the purposes, policies, goals, and provisions of the critical Area law and of the Commission. In accordance with the determination of consistency as outlined above, the Chairman, or as appropriate, the commission shall: (a) Approve the proposed program refinement or amendment and notify the local jurisdiction; (b) Deny the proposed program refinement or amendment; (c) Approve the proposed program refinement or amendment subject to one or more conditions; or (d) Return the proposed program refinement or amendment to the local jurisdiction with a list of changes to be made.] The amendments will be presented for consideration and adoption at the Board of County Commissioner's Meeting on April 3, 2007. - PROGRAM OPEN SPACE - TOWN OF CHESAPEAKE CITY, LITTLE LEAGUE COMMUNITY PARK, BASIL AVE., INSTALLMENT 2 - Ed Slicer, Office of Parks & Recreation presented a request for funding reimbursement through the Department of Natural Resources Program Open Space, for the Town of Chesapeake City, Little League Community Park on Basil Ave. The total project cost is $45,000, local funding in the amount of $11,250.00; reimbursement request is for $33,750.00. There is no county funding associated with this project. This action will be submitted for approval at the Board's April 3, 2007 meeting. - PUBLIC COMMENT- Michael Burns, Elkton, MD - restated his opposition to the location of the County Administrative Building. He further commented in support of hiring local contractors for county projects to keep the tax base within the county. - ACTION ITEMS - President Manlove announced that the action item on the agenda relating to the Cherry Hill Wastewater Treatment Plant has been rescheduled to the April 3, 2007 meeting. - APPOINTMENTS - Motion was made by Commissioner Guns, seconded by Commissioner Lockhart and unanimously carried to approve the re-appointments of the following members to the Board of Directors of Cecil Partnerships for Children, Youth & Families for a two-year term to expire on 3/1/09: Douglas Sommers Carl Roberts Nick Ricciuti Stephen Pannill Rich Bayer Ken Lewis Betty Johnson Motion was made by Commissioner Demmler, seconded by Commissioner Lockhart and unanimously carried to appoint Joe Janusz to fulfill the remainder of the term of Robert Knutsen who resigned effective April 1, 2007, term to expire 8/1/08. Motion was made by President Manlove, seconded by Commissioner Demmler and unanimously carried to appoint Michael Burns to the Ethics Commission, to fulfill the vacancy of Stephen Davis, term to expire on 1/1/11. Motion was made by Commissioner Guns, seconded by Commissioner Lockhart and unanimously carried to approve the following appointments to the EMS Advisory Board for a four-year term to expire on 3/1/11: Gary Bott - Charlestown Don Briscoe - Chesapeake City Mollie Gramham - Elkton William D. Murr - Water Witch Karl Reichenbach - Rising Sun John Hamilton, IV - North East John Paolontonio - Cecilton Karen Jones - Perryville George Kennedy - Hack's Point Members at Large: Gary Griffith - Elkton Ron Graybeal - Rising Sun/Calvert Karen Reinhart - North East - REZONING DECISION - FILE NO. 2007-01 STEVEN & DANA FERSCH - The rezoning decision relating to application 2007-01 filed by applicants Steven and Dana Feresch and heard by the Board on March 6, 2007 was delayed and scheduled to be heard at the next meeting of the Board of County Commissioners. The Planning Staff as well as the Planning Commission recommended approval based upon change since the last comprehensive rezoning. Motion to approve the rezoning was made by Commissioner Guns, seconded by Commissioner Lockhart based upon change since the last comprehensive rezoning. Commissioner Demmler commented relating to her decision not to approve the request of the applicants. The motion was carried by a majority vote. Manlove - Y Guns - Y Demmler - N Lockhart - Y County Administrator Wein presented an agreement between the Board of County Commissioners and Loyola Spatial Systems as introduced at the March 6, 2007 meeting, to install a GPS reference station at the Seneca Point Waste Water Treatment Plant. Motion to approve the agreement was made by was made by Commissioner Demmler, seconded by Commissioner Lockhart and unanimously carried to approve. - DEPARTMENT OF PUBLIC WORKS - W. Scott Flanigan, Director of Public Works presented the following DPW items for consideration: - BID AWARD NO. 07-50 - CHAIN LINK SAFETY FENCE, DR. JACK ROAD BRIDGE - Upon the recommendation of Mr. Flanigan, motion was made by Commissioner Lockhart, seconded by Commissioner Demmler and unanimously carried to award Bid No. 07-50 for chain link fencing at the Dr. Jack Road Bridge to Able Fence, LLC in the amount of $9,250.00. - BID AWARD NO. 07-49 - 20 TON TRAILER - Upon the recommendation of Mr. Flanigan, motion was made by Vice President Guns, seconded by Commissioner Lockhart and unanimously carried to award Bid No. 07-49 for a 20-ton trailer to North East Enterprises in the amount of $14,230.00.
- BUDGET AMENDMENT NOS. - 98 - 109 - Motion was made by Vice President Guns, seconded by Commissioner Demmler, and unanimously carried to approve Budget Amendments Nos. 98-109. 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 3, 2007 at 7:00 p.m. at the County Administration Building, 107 North Street, Elkton, MD 21921. There being no further business of the County Commissioners, the meeting concluded.
_____________________________ Alfred C. Wein, Jr. County Administrator
Approved: ____________________________ William C. Manlove, President > |