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COMMISSIONERS MEETING August 21, 2007 The Board of County Commissioners for Cecil County met in regular session at the County Administrative Building, 107 North Street, Elkton, MD. The following members of the Board were present: William C. Manlove, Commissioner Mark H. Guns, Vice President Rebecca J. Demmler, Commissioner Brian Lockhart, Commissioner Wayne L. Tome, Sr., Commissioner Constituting a full Board. The Board adjourned into a closed session at its August 14, 2007 work session. Motion was made by Vice President Guns, seconded by Commissioner Lockhart to adjourn to closed session and unanimously carried, pursuant to the Annotated Code of Maryland State Government 10-508 (a) (1) (8) and (14). The meeting of the Board of County Commissioners for Cecil County, August 21, 2007 was called to order by Commissioner Manlove at 7:00 p.m. and opened with the Pledge of Allegiance. The minutes from the July 17, 2007 meeting of the Board of County Commissioners were unanimously approved. The minutes from the July 17, 2007 meeting of the Board of Health were unanimously approved. -COMMISSIONERS' COMMENTS- Due to the lengthy agenda all Commissioners declined comment. TREASURER'S REPORT - The Treasurer's Report will be presented on September 4, 2007. - CERTIFICATE OF ACHIEVEMENT - FIRST CLASS SCOUTS - President Manlove and the Board presented local Boy Scouts of Troop 144 certificates of achievement for reaching the rank of First Class Scout. - CERTIFICATE OF RECOGNITION- HANNA SANFORD-CRANE - The Board and Tanya Adams presented a Certificate of Recognition to Hanna Sanford-Crane for her program presented at the Cecil County Fair relating to recycling. - PRESENTATION - FRIENDS OF MILL LANE - Phil Pierce and members of the "Friends of Mill Lane" appeared and introduced Mary Andres of the NOAA Restoration Center and the potential restoration plan of the Scotchman Creek. Members of the committee, Pamela Bailey and Mr. Zook spoke in favor of the repair/replacement of the Mill Lane Bridge for public passage. - PUBLIC HEARINGS - - NOMINATION FOR HISTORIC DESIGNATION - GILPIN FALLS COVERED BRIDGE - Eric Sennstrom, Director of Planning & Zoning presented a nomination for Historic Designation for the Gilpin Falls Covered Bridge, located E/S Maryland Route 273 north of Bayview, Tax Map 19, parcel 570, Owner: Cecil County Commissioners.
Having met all the criteria for a local historic designation, the Historic Designation Committee as well as the Planning Commission has recommended approval of this nomination. COMMENT- OPPOSITION/SUPPORT: Earl Simmers, Chairman, Gilpin Falls Covered Bridge Committee, spoke in favor of Historic Designation. Ed Cairns, Chairman, Historic Designation Committee, spoke in favor of Historic Designation. Dianna Broomell, spoke in favor of Historic Designation. The request will be presented for consideration at the September 4, 2007 meeting of the Board. - TEXT AMENDMENT - CECIL COUNTY ZONING ORDINANCE - AMEND ARTICLE V, PART XI, SECTION 135 - MOTOR VEHICLE FILLING STATION- Director Sennstrom conducted a public hearing relating to a proposed text amendment to the Cecil County Zoning Ordinance to amend Article V Part XI, Section 135 as follows: Section 135. Motor Vehicle Filling Station (11.02.000) Motor vehicle filling stations shall be permitted in the BL, BG and BI zones, provided: Pump location: Each pump shall be at least 30 feet from any street line and 50 feet from any residential property line; No canopy over a pump island shall project within 15 feet of a street line. In the BL zone the gasoline sales shall be accessory to a permitted use and no service, repair or storage of motor vehicles shall take place on the premises. Lighting shall be designed and controlled so that any light source, including interior of a structure, shall be so shaded, shielded or directed that the light intensity or brightness shall not adversely affect safe vision of operators of vehicles moving on public or private roads, highways or parking areas. Such lighting shall not shine into residential structures. Any outdoor storage or refuse area shall be fenced or screened from view and must be approved as to location and design. The establishment shall provide a minimum of three (3) spaces for each grease rack or working bay, plus one (1) space for each employee on duty, plus a separate parking space for each accessory vehicle, such as tow trucks. [6. A motor vehicle filling station shall only be permitted if all adjoining properties adjacent to the filling station are served by public water.] [Addition] The Planning Commission recommended approval of the proposed text amendment at their August 16, 2007 meeting. The proposed amendment will be presented to the Board at their September 4, 2007 meeting for consideration. cOMMENT - OPPOSITION/APPROVAL - Roman Grypka - spoke in favor the text amendment and gave a brief history and objective of the text amendment. Tom McWilliams - spoke in favor of the text amendment. Alice Arbuckle - spoke in support of the text amendment. Owen Thorne - spoke in support of the text amendment. Diana Broomell - spoke in support of the text amendment. Robert Hodge - commented that the proposed text amendment as written would prohibit gas stations within the growth corridor and recommended that "tweaking" of the amendment be considered. John Bunnell, Mayor of Cecilton - commented that the text amendment will allow for gas stations to be located only within the municipalities and that it is important to have these types of businesses located within the growth areas as well. - AMENDMENT - MASTER WATER & SEWER PLAN - Amend Chapter 4, Section 4/1/9 to include Tax Map 14, Parcel 7 Lots 1 & 2 as a discharge point for treated effluent from the Meadowview Waste Water Treatment Plant to irrigate golf course. On behalf of the applicant Aston Development Group, Inc., appeared Richard Bechtel, Attorney, William Stritzinger and Paul Scott to present the request for amendment. Pursuant to a letter forwarded to County Attorney McCool on August 6, 2007, Mr. Bechtel requested that Commissioner Demmler be disqualified from hearing and/or deciding any future matters regarding the development of the Aston Point and Wohner properties. Commissioner Demmler made a statement in response to the request for disqualification and would not recuse herself from these matters. Findlay M. McCool stated that upon his review of Chapter 166 of the Cecil County Code, it is his opinion that there are no ethic code violations. Mr. Bechtel proceeded with the request for an amendment to the Master Water & Sewer Plan for Lots 1 & 2 as a discharge point for treated effluent form the Meadowview Waste Water Treatment Plant to irrigate a golf course. Aston Pointe Development, Inc., is actively pursuing a discharge permit through the Maryland Department of the Environment to irrigate the golf course turf with treated effluent from the Meadowview Wastewater Treatment Plant. The source is reclaimed water that will be pumped from the site to the treatment plant, thus eliminating the amount of groundwater. The treated effluent will be stored in ponds located throughout the golf course, and the developer is exploring the possibility of purchasing a strip of land from the county for the location of the pumping station at the Waste Water Treatment Plant. The developer will be responsible for the costs of the pumping system and will maintain and monitor the pumping system until such a time that the Newark Country Club relocates to the facility. At that time it will be the responsibility of the Newark County Club to maintain and monitor the equipment to ensure compliance with the Maryland Department of the Environment. COMMISSIONER'S COMMENTS: President Manlove inquired as to the capacity of the holding ponds. Mr. Stritzinger responded that the pond would be an average of 3-5 million gallons. Commissioner Demmler requested clarification as to why both lots 1 & 2 were included in the request. Mr. Bechtel responded that both ots are owned by the same entity and that in the future, Lot 2 could be used as a "chipping green". Commissioner Demmler requested information relating to the drafting of the text amendment. Mr. Bechtel stated that he drafted the text amendment in accordance with direction of the Attorney General's Office. Director Senntrom advised that text amendments to the Master Water & Sewer Plan are at the request and brought forward by private entities. COMMENTS IN OPPOSITION/SUPPORT: Ed Cairns - inquired as to Commissioner Lockhart recusing himself from this proceeding. Commissioner Lockhart deferred the request to the advice of the County Attorney. Mr. Cairns proceeded with this comment and ARCA's position in this matter. They are concerned that they are too few golfers to support all of the courses in the area. They are concerned with the safety and health concerns of treating the golf course with effluent and suggested that the Board place a "denied access" clause on the property. Hugh Campbell addressed concerns financial and operational aspects of the pumping station, costs being passed on to taxpayers. He also expressed health and environmental concerns, such as noise, odor issues and plugging of soil. Owen Thorne commented that ARCA is not in opposition to the golf course or the use of reclaimed groundwater, but with the monitoring of the process and future use of the land as housing. Steven Wohner - spoke in opposition to the proposed text amendment. Richard Boyce - commented about compliance of the monthly testing that is required and the monitoring. Alice Arbuckle - commented relative to "grey water" and covering the ponds. Dianna Broomell - commented about her concerns for the monitoring the discharge permit and the fact the Maryland Department of the Environment ability to enforce regulations. Ken Wiggins - made derogatory comments about the counsel for Aston Pointe. Commissioner Demmler requested that the opposition of Anne Long be placed on the record. Director Sennstrom advised the Board that the Planning Commission recommended approval of the amendment to the Master Water & Sewer Plan at their August 20, 2007 meeting. This matter will be placed on the September 4, 2007 Board of County Commissioner's agenda as an action item. - Amend Water Service Area Map to include Stewarts Landing, Tax Map 37, Parcels 12,13, and 551 as a W-1 service area - Fred Scheckles, Morris Ritchie Assoc., presented a request for an amendment to the Master Water & Sewer Plan for the area known as Stewarts Landing subdivision as a W-1 service area. COMMENTS SUPPORT/OPPOSITION: None This matter will be placed on the September 4, 2007 Board of County Commissioner's agenda as an action item. - ANNUAL PROGRAM FOR PARK LAND ACQUISITION AND RECREATION FACILITY DEVELOPMENT - Ed Slicer, Manager, Parks & Recreation presented the Board with the Preliminary Draft Report for the Cecil County's Park Land Acquisition and Recreation Facility Development with the two major projects being the County Regional Park and Elk Landing. The Planning Commission recommended approval of this draft at their August 20, 2007 meeting. This matter will be placed on the Board of County Commissioner's agenda at the September 4, 2007 meeting as an action item. - PUBLIC COMMENT - Dianna Broomell, Colora, MD - commented about the Comprehensive Rezoning Committee representatives. The importance of funding park programs and the University of Maryland proposal regarding Charter Government, and her opposition to this proposal. Owen Thorne, 20 Hillwood Drive, Elkton, MD - commented about the Comprehensive Rezoning Committee and the importance of citizen input. He also commented about the lack of public notice for hearings. - INTODUCTION ITEMS - - RESOLUTION - GRANTS TO FIRE COMPANIES WITHIN CECIL COUNTY TO BE USED FOR THE PURCHASE OF REPLACEMENT VEHICLES & EQUIPMENT - Craig Whiteford, Budget Manager introduced a Resolution for the donation/financial assistance in the acquisition of fire company equipment in the amount of up to One Million Dollars to fire companies in the fiscal year July 1, 2007 through June 30, 2008 as set forth in the Resolution. This Resolution will be placed on the Board of County Commissioners September 4, 2007 meeting agenda for consideration. - RESOLUTION - CECIL COUNTY DEFERRED COMPENSATION PLAN - Alfred C. Wein, Jr., County Administrator, introduced a Resolution appointing Met Life Associates LLC Group-Trust as the provider for the County's Deferred Compensation Plan. This Resolution will be placed on the Board of County Commissioners September 4, 2007 meeting agenda for consideration. - ACTION ITEMS- - RESOLUTION - POLITICAL ACTIVITY - Alfred C. Wein, County Administrator the Resolution introduced at the Board's July 17, 2007 meeting, upon adoption, will prohibit county departments from promoting, participating in or facilitating "political candidate forums" with respect to future primary and general elections. Motion to approve the Resolution was made by Commissioner Lockhart, seconded by Commissioner Tome and unanimously carried to approve. A copy of the Resolution is attached hereto and made part of these minutes. - MEMORANDUM OF AGREEMENT BETWEEN THE CECIL COUNTY SHERIFF'S OFFICE AND THE MARYLAND TRANSPORATION AUTHORITY- Administrator Wein presented a Memorandum of Agreement on behalf of the Cecil County Sheriff's recommendation, between the Cecil County Sheriff's Office and the Maryland Transportation Authority that provides for law enforcement jurisdictional boundaries and the coordination of services between the MTA and the Sheriff's Office. Motion to approve the agreement was made by Commissioner Tome, seconded by Vice President Guns and unanimously carried to approve. - CONTRACT AMENDMENT WITH FIRST VEHICLE SERVICES - Administrator Wein presented Amendment No. 5 to the Fleet Management and Maintenance Contract between Cecil County and First Vehicle Services Inc., for a total amount of $774,379. Motion to approve the amendment was made by Vice President Guns, seconded by Commissioner Demmler and unanimously carried to approve. - DEED - MARYLAND MATERIALS - MECHANICS VALLEY ROAD- Administrator Wein presented a Deed wherein, Maryland Materials, Grantors convey unto the Board of County Commissioners, Grantees 5.6378 acres to be used as Cecil County park land, commonly known as "Johnnies Field". Motion to accept the Deed was made by Commissioner Guns, seconded by Commissioner Demmler and unanimously carried to approve. - GIS DATA PARTNERSHIPS - MD DEPARTMENT OF PLANNING AND CECIL COUNTY GOVERNIMENT - Director Sennstrom presented an agreement for introduction that, upon execution would provide the County with the CAD (Computer Aided Drafting) files used by the Maryland Department of Planning to maintain and update the roughly 106 tax maps in the County. In exchange the County would provide the 2005 digital orthophotos of Cecil County that were flown by Axis Geospatial as part of the Department of Emergency Services' 911 mapping upgrade. This agreement was introduced at the Board's July 21, 2007 meeting. Motion to approve the agreement was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried. - AMENDMENT MASTER WATER & SEWER PLAN - WATER SERVICE AREA MAP TO INCLUDE WHITAKER WOODS, FINEBURG VILLAGE, AND MEADOW RUN SUBDIVISION AS A W-2 SERVICE AREA- Director Sennstrom presented the amendment to the Master Water & Sewer Plan to include Whitaker Woods, Fineburg Village and the Meadow Run Subdivison as a W-2 Service Area, as presented at public hearing on July 17, 2007. Motion was made by Commissioner Demmler, seconded by Commissioner Lockhart and unanimously carried to approve the amendment to the Master Water & Sewer Plan. - TEXT AMENDMENT - CECIL COUNTY ZONING ORDINANCE ADD ARTICLE V, PART XII, SECTION 160 - NEIGHBORHOOD ESSENTIAL SERVICES - Director Sennstrom presented the proposed text amendment to the County Zoning Ordinance adding Article V Part XII, Section 160 Neighborhood Essential Services that proposes to add language relative to the placement of water and sanitary sewer pump stations, shared water systems, sewage treatment facilities and/or wastewater treatment plants that was presented to the Board at a public hearing on July 17, 2007. Motion to approve the amendment to the County Zoning Ordinance was made by Vice President Guns, seconded by Commissioner Lockhart and unanimously carried to approve. A copy of the text amendment is attached hereto and incorporated into these minutes. - TEXT AMENDMENT - SUBDIVISION REGULATIONS - AMEND ARTICLE III, SECTION 3.9; AMEND Article IC, SECTION 4.0.4.1.4.2; ADD APPENDIX A FEE SCHEDULE; AMEND APPENDIX B- SUBMITTAL SCHEDULE - Director Sennstrom presented the proposed text amendments to the County Zoning Ordinance amending Article III, Section 3.9, Article IC, Sections 4.0.4.1.4.2 and adding Appendix A Fee Schedule and Amend Appendix B Submittal Schedule that proposes to amend existing language relative to review of concept, preliminary, and final plats, revise and establish fee schedule, and revise and establish submittal deadlines that was presented to the Board at a public hearing on July 17, 2007. Motion to approve the amendment to the Cecil County Zoning Ordinance with the amendments as recommended by the Planning Commission was made by Commissioner Demmler, seconded by Vice President Guns and unanimously carried to approve. A copy of the text amendment is attached hereto and incorporated in these minutes. - DEPARTMENT OF PUBLIC WORKS - W. Scott Flanigan, Director of Public Works presented the following DPW items for consideration: - BID NO. 08-09 - REAR BOOM MOWER - Upon the recommendation of Mr. Flanigan, motion was made by Commissioner Tome, seconded by Commissioner Lockhart and unanimously carried to award Bid No. 08-09 to Finch Services, Inc., in the amount of $10,900. - APPOINTMENTS - Motion was made by Commissioner Tome, seconded by Vice President Guns and unanimously carried to approve the following appointments: Planning Commission - Wyatt Wallace for a three-year term to expire on 8/1/10 Board of Appeals - William Jeanes, reappointment, for a three-year term to expire on 8/15/10 Mechanical Board - David Wherry, reappointment, for a five-year term to expire on 9/21/12 Bainbridge Development Corporation - Joseph Brant - four year term to expire on 10/18/11 - BUDGET AMENDMENT NOS. - 5 - 18 Motion was made by Commissioner Demmler seconded by Vice President Guns, seconded by Commissioner Tome, and unanimously carried to approve Budget Amendments Nos. 1-4. 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, August 21, 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 > |