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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS MEETING
April 17, 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, April 17, 2007. The following members of the Board were present:
William C. Manlove, Commissioner Rebecca J. Demmler, Commissioner Brian Lockhart, Commissioner Wayne L. Tome, Sr., Commissioner
Constituting a majority board.
The Board adjourned into a closed session at its April 17, 2007 work session. Motion was made by Commissioner Lockhart, seconded by Vice President Guns to adjourn to closed session and unanimously carried, to discuss negotiating strategy and obtain legal advice regarding the MVLLC, Inc., recoupment agreement and associated public works agreement, pursuant to the Annotated Code of Maryland State Government 10-508 (a) (7), and (14).
The meeting of the Board of County Commissioners for Cecil County, April 17, 2007 was called to order by Commissioner Manlove at 7:00 p.m. and opened with the Pledge of Allegiance.
The minutes from the April 3, 2007 meeting of the Board of County Commissioners were unanimously approved.
The minutes from the April 3, 2007 Board of Health were unanimously approved.
-COMMISSIONERS' COMMENTS-
President Manlove - on behalf of the Board, thanked the Town of North East for hosting the meeting.
Commissioner Lockhart - offered no comment.
Commissioner Demmler - offered no comment.
Commissioner Tome - offered no comment.
- TREASURER'S REPORT -
Alfred C. Wein, Jr., County Administrator presented the Treasurer's Report for the period ending March 31, 2007. A copy of this report is incorporated into these minutes.
- CECIL COUNTY HERO PRESENTATION-
President Manlove presented a certificate to Eric Mack for the heroic act in saving the life of Officer Dennis Wood of the North East Police Department.
- PUBLIC HEARINGS -
Cecil County Zoning Ordinance Text Amendments, Eric Sennstrom, Director, Planning & Zoning Amend Article II, Part I, Section 12 - Storage Trailer definition Summary: Insert container into storage trailer definition Add Article V, Part XII, Section 159 Storage Trailer or Container Summary: Add language concerning conditions by which a storage trailer or container can be located in the residential zones Amend XVII, Part IV, Section 324.1.a. - Hearing Required; Notice Summary: Clarifies language regarding withdrawal of applications to amend, supplement or modify Amend Article XVII, Part II, Section 313.7 - Approval of Special Exceptions Summary: Provides clarity on withdrawal of special exception applications Amend Article XVI, Part II, Section 298.7.b - Board of Appeals Established Summary: Provides specificity as to withdrawal of applications before the Board of Appeals Amend Article II, Part I, Section 12 - Campground definition Summary: Revises language relative to what defines a campground Amend Article V, Part IV, Section 101 - Campgrounds Summary: Revises language as to the number of days a campground may be used
Director Sennstrom presented the proposed zoning ordinances as follows:
Amend Article II, Part I, Section 12 [ADDITION] {DELETION}
Storage Trailer [and container]. A trailer [or container], not designed for human habitation, that is located for the storage of items and materials[.] {That are permitted in the zone in which it is located.} Manufactured homes shall not be considered storage trailers.
[Section 159.Storage Trailer or Container]
Storage trailers or containers shall be permitted in the NAR, SAR, RR, SR, DR, VR,TR,RM and MH zones provided the following conditions are met:
1. The storage trailer or container is placed on the property due to new construction, remodeling, or emergencies such as fire, flood or other natural disasters; 2. Storage trailers or containers shall be permitted for an initial one year period, renewable for additional six month periods provided the construction or remodeling is continuing or the natural disaster repairs are still occurring; 3. The Office of Planning and Zoning shall issue a certificate of zoning to an applicant prior to the placement of a storage trailer or container on their property. 4. Storage trailers or containers shall be in good repair and shall not be a hazard to the community; 5. The maximum number of storage trailers or containers on a property shall be the minimum necessary to accommodate the immediate need for temporary storage identified in the certification of zoning. 6. Storage trailers or containers shall not be placed closer than the ten (10) feet to side or rear property line.]
The Planning Commission recommended approval of this amendment at their April 16, 2007 meeting.
COMMENT/SUPPORT/OPPOSITION -
Robert Hodge - spoke in favor of the amendment.
Motion to approve the amendment to Section 159 was made by Commissioner Lockhart, seconded by Commissioner Demmler and unanimously carried to approval.
Amend XVII, PART IV, Section 324.1.a. - Hearing Required; Notice; Amend Article XVII, Part II, Section 313.7 - Approval of Special Exceptions; Amend Article XVI, Part II, Section 298.7.b - Board of Appeals Established -
AMEND ARTICLE 17, PART 4, SECTION 324.1.A to read as follows:
Section 324.1.A: The County shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established, and enforced, and from time to time amended, supplemented, modified, or repealed. However, a regulation, restriction, or boundary may not become effective until at least one public hearing in relation thereto, at which parties in interest and the citizens shall have the opportunity to be heard and the decision with regard to said matter has been signed by the County Commissioners. Notwithstanding the foregoing, once a hearing has begun with regard to said amendment, supplementation, or modification, said request for amendment, supplementation or modification may not be withdrawn.
AMEND ARTICLE XVII, PART 2, SECTION 313.7 to read as follows:
The decision of a Board on a special exception shall be effective as of the date such a decision is signed by the Chairman of the Board of Appeals or his designee; provided, however, that no application may be withdrawn once a hearing has begun before he Board with regard to any application submitted to the Board.
AMEND ARTICLE XVI, PART 2, SECTION 298.7.b. to read as follows: Section 298.7.b: The Board of Appeals shall then decide the matter within thirty-five days from the time of the hearing, such decision to become effective as of the date the decision is signed by the Chairman of the Board of Appeals or his designee; provided, however, that no application may be withdrawn once a hearing has begun before the Board concerning any such application.
The Planning Commission recommended approval at their April 16, 2007 meeting.
COMMENTS SUPPORT/OPPOSITION - None.
Motion to approve the amended articles was made by Commissioner Lockhart, seconded by Commissioner Demmler and unanimously carried to approve.
AMEND ARTICLE II, PART I, SECTION 12 - CAMPGROUND DEFINITION; AMEND ARTICLE V, PART IV, SECTION 101 CAMPGROUNDS -
AMEND ARTICLE 2, PART 1, SECTION 12, DEFINITIONS OF BASIC TERMS AS FOLLOWS: CAMPGROUNDS.
Any area or tract of land owned by a single entity, or any area or tract of land subdivided as a campground prior to 1980 whereby units could be transferred to various owners to be used as a campground, on which accommodations for temporary and not year round occupancy are located or may be placed, including cabins, tents, recreational vehicles, and campers which are primarily used for recreational purposes and retains an open air or natural character.
AMEND ARTICLE 5, SPECIFIC SUPPLEMENTARY USE REGULATIONS, PART 4, INSTITUTIONAL USES, SECTION 101 CAMPGROUNDS AND RECREATIONAL VEHICLES, ITEM 15 to read as follows:
No camp patron shall be permitted to maintain and/or use the camping site or facilities of any camp or campground permitted under this Ordinance for a period longer than 100 days in succession or for a total of more than 150 days within any one calendar year.
The Planning Commission recommended disapproval at their April 16, 2007 and made recommendations as to language clarification and the impact of current litigation relating to Indian Acres.
COMMENTS SUPPORT/OPPOSITION:
George Perreta - commented in opposition to the proposed ordinance and is a resident of Indian Acres.
Thomas Derrone - commented in opposition to the proposed ordinance and is a resident of Indian Acres.
Robert Hodge - commented in opposition to the amount of days for use of the camp site proposed, and suggested at least, 180 days.
Dianna Broomell - commented in opposition to the proposed ordinance and is concerned for the citizens of Indian Acres.
There was discussion between the Board members relative to the introduction of this Ordinance and voting on it at the next Board of County Commissioner Meeting.
After discussion and consultation from the County Attorney, a motion was made by Commissioner Demmler, seconded by Commissioner Lockhart to vote on the Ordinance at the Board's May 1, 2007 meeting.
President Manlove rescinded the votes taken on the previous text amendments, and stated that they would be voted on at the Board of County Commissioners Meeting on May 1, 2007.
- PUBLIC COMMENT-
Gene Price, 402 S. Caroline Ave., North East, MD - spoke about the importance of the County to continue funding the Fireman's Association Vehicle Acquisition program.
Ed Ellison, 27 Red Pump Road, Rising Sun, MD - commented about a project on Red Pump Road that would require him to grant easements to a developer. He requested information and assistance from the county.
James Kyte, 545 Pearl Street, Rising Sun, MD - spoke in support of the County's continuation of funding the Fireman's Association Vehicle Acquisition program.
Robert Holmes, 240 Cherry St., Chesapeake City, MD - spoke in support of the County's continuation of funding the Fireman's Association Vehicle Acquisition program.
Donald Briscoe, 322 Lindsey Ave., Chesapeake City, MD - spoke in support of the County's continuation of funding the Fireman's Association Vehicle Acquisition program.
Ken Jenkins, 1115 Colora Road, Colora, MD - spoke on behalf of Mr. Ellison and the acquisition of an easement for a project on Red Pump Road. He further requested a meeting with the Department of Public Works to discuss this matter.
Diana Broomell, 1000 Nesbitt Road, Colora, MD - commented in support of public safety; emergency services; establishment of an Adequate Public Facilities Ordinance; and a recent zoning recommendation supported by the Zoning Administrator, Mr. Houston.
- INTRODUCTION OF ACTION ITEMS -
- AGREEMENT - BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND AXIS GEOSPATIAL, LLC -
County Administrator Wein introduced an agreement between the Board of County Commissioners and Axis Geospatial, LLC to act as the County's spatial data manager, as part of the Cecil County Department of Emergency Services' 911 mapping upgrade.
This agreement will be presented for consideration at the Board of County Commissioners May 1, 2007 meeting.
- ACTION ITEMS -
- APPOINTMENT -
Motion was made by Commissioner Demmler, seconded by Commissioner Lockhart and unanimously carried to approve an employment agreement and appointment of Findlay M. McCool, Esquire to the position of County Attorney, pursuant to the terms outlined in the agreement.
- RESOLUTION - MARYLAND WATER QUALITY FINANCING ADMINISTRATION LOAN FOR THE IMPROVEMENT TO THE WASHINGTON STREET PUMP STATION, CARPENTER'S POINT SEWER PROJECT AND THE SEPTAGE RECEIVING FACILITY -
County Administrator Wein presented the resolution previously introduced at the Board's meeting on April 3, 2007, that rescinds the February 6, 2007 resolution for the Washington Street, Pump Station. This resolution combines the Washington Street Pump Station and the Carpenter's Point Phase II project in the amount of $2,750,000 and the Septage Facility in the amount of $800,000 in an effort to save issuance costs relating to the transactions by combining them.
Motion to approve was made by Commissioner Tome, seconded by Commissioner Lockhart and unanimously carried to approval.
DEPARTMENT OF PUBLIC WORKS -
W. Scott Flanigan, Director of Public Works presented the following DPW items for consideration:
- BID AWARD NO. 07-56 - CONCRETE BOX CULVERT -
Upon the recommendation of Mr. Flanigan, motion was made by Commissioner Tome, seconded by Commissioner Lockhart and unanimously carried to award Bid No. 07-56 for the replacement of a concrete box culvert to Terre Hill Concrete Products in the amount of $59,243.00.
- BID AWARD NO. 07-57 - GRASS CUTTING, WWTP SITES -
Upon the recommendation of Mr. Flanigan, motion was made by Commissioner Tome, seconded by Commissioner Lockhart and unanimously carried to award Bid No. 07-57 to Bruce's Lawn Service in the amount of $18,387.49.
- BUDGET AMENDMENT NOS. - 114 - 117 -
Motion was made by Commissioner Lockhart, seconded by Commissioner Tome, and unanimously carried to approve Budget Amendments Nos. 114-117. 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, May 1, 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 > |