MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS MEETING
March 7, 2006
The Board of County Commissioners for Cecil County met in regular session in the County Administrative Building, on Tuesday, March 7, 2006. The following members of the Board were present:
Nelson K. Bolender, President
Harry A. Hepbron, Vice President
Phyllis Kilby, Commissioner
William C. Manlove, Commissioner
Mark H. Guns, Commissioner
Constituting a full Board.
The meeting was called to order by President Bolender at 7:00 p.m. and opened with the Pledge of Allegiance.
The minutes from the February 21, 2006 meeting of the Board of County Commissioners meeting were unanimously approved.
The minutes from the February 21, 2006 meeting of the Board of Health were unanimously approved.
President Bolender announced that the Public Hearing relative to 2004 Master Water and Sewer Plan for the Town of Rising Sun will he heard at the March 21, 2006 Board of County Commissioners meeting, pursuant to request by the Town of Rising Sun.
-COMMISSIONERS’ COMMENTS-
Commissioner Guns – commented on the fundraiser event at the Wellwood Club he recently participated in.
Commissioner Kilby – declined comment.
President Bolender – announced that a decision relative to the former Elk Neck Landfill is expected to take place at the March 21, 2006 Board of County Commissioners meeting in Chesapeake City.
Vice President Hepbron – introduced his grandson, who was present in the audience.
Commissioner Manlove – commented about the meeting he attended at Washington College relating to the “Stream Waders” project.
President Bolender presented a proclamation to John Lee on behalf of the Board of County Commissioners, proclaiming the week of March 19 – 25 Agriculture Week in Cecil County.
President Bolender presented a proclamation to Bob Palsgrove on behalf of the Board of County Commissioner, in honor of Red Cross Month.
Eric Sennstrom, Director of Planning, Zoning, Parks and Recreation presented the Board with a request to amend the plan and include language to establish facilities to serve the area of the west side of Elkton and east of North East for service within the next ten years.
The proposed language reads as follows:
There are no proposed improvements to the Meadowview/Highlands, Harbour View, or Pine Hills water systems.
Cecil County Government plans to develop treated water sources to serve the eastern portion of the designated growth area. Ultimately, the Urban Growth Boundary Plan and Arro Water resources study project that some 2.8 mgd will be required to serve the commercial, industrial and residential growth planned for the area. The County anticipates that these sources will be a combination of initiatives. Working with private developer, the County anticipates MDE approval for a surface water treatment plant and reservoir on Zeitler Road with an average daily capacity of at least 1.4 mgd. The County will likely explore groundwater allocation on the upper Elk Neck peninsula; possible allocation is expected between .05 mgd and 1.0 mgd, but actual yields will not be known until actual exploration starts. The County also anticipates a future arrangement with private water companies in Delaware and Pennsylvania (e.g. United Water, Artesian Water, Chester Water) to close the remaining deficit and provide backup supply for low flow periods
Figure 3-1 shows the location of the various service area categories.
The County is in the process of designing for upgrades to Meadowview treatment plant. The design will provide for a 1.0 mgd activated sludge WWTP that will meet BNR standards. The plant design also includes common facilities and design elements to expand the permitted capacity to 1.5 mgd.
The County is in the process of upgrading the North East River Advanced WWTP. The upgrades, which will not increase its current design capacity, involve new oxidation ditches, improved solids handling facilities, new ultra-violent disinfection units along with biological nutrient removal.
The County is planning to evaluate the build-out flow need for the North East River WWTP, which is expected to show a need for as much as 4.5 mgd to 6.0 mgd in a 20-year planning period in order the meet the goals of the Comprehensive Plan for targeted growth. Until this service district study is complete, the best available information suggests a likely flow demand of 2.0 mgd by 2009 and a demand of 3.0 mgd by 2014.
In an effort to continue the implementation of the Comprehensive Plan, Cecil County Government plans to develop a regional wastewater treatment facility to serve the eastern portion of the designated growth area. Reflecting the projected long term demand, the treatment plant will be designed for phased construction to an ultimate average daily flow of approximately 3.0 mgd, anticipating a likely long term incorporation of existing, aging, smaller wastewater facilities that are not capable of the very stringent treatment levels anticipated for this regional plant. This Enhanced Nutrient Removal (ENR) plant would likely be constructed on Zeitler Road.
Figure 4-1 shows the location of the various service categories.
Mr. Sennstrom advised the Board the Planning Commission recommended adoption of the amendment at their February 21, 2006 meeting.
COMMENT SUPPORT/OPPOSITION: None
Motion was made by Commissioner Guns, seconded by Vice President Hepbron for approval of the proposed amendment to the Master Water and Sewer Plan.
Commissioner Kilby commented relative to her vote on this amendment, and stated that until such a time when the superfund site is cleared, she was opposed to this amendment.
The motion for approval passed with a majority vote.
VOTE: Bolender – Y Hepbron – Y Kilby – No Manlove – Y Guns – Y
Mr. Sennstrom presented a text amendment to the Cecil County Zoning Ordinance, Article V, Part II, section 85 relating to Conference Centers to include the following language:
[4. In the NAR, SAR, SR, DR, BG, BI, MD, M1 and M2 zones, conference centers may provide food and beverages (both non-alcoholic and alcoholic) to guests of the center attending functions, meetings, conferences and other events at the facility. Service of food and beverages shall only be provided to guests of the center and not to the general public. Conference centers in the NAR, SAR, SR and DR zones that have received special exception approval previous to the enactment of this language will need to obtain Board of Appeals approval to provide alcoholic beverages to their guests.
5. All conference center structures in which alcoholic beverages are being served to guests shall be located a minimum of 1,000 feet from any structure on an adjoining parcel that is being used as a hospital, church, or school.]
Mr. Sennstrom advised the Board that the Planning Commission recommended disapproval of the text amendment in its current form at their February 21, 2006 meeting and encouraged a provision for youth camps.
COMMISSIONER COMMENTS:
Commissioner Guns – spoke relative to comments that the Board has received concerning the amendment.
PUBLIC COMMENT:
Robert Jones, 157 East Main Street, Elkton – counsel for the Wapiti Retreat Center, commented relative to the need in Cecil County for full-service convention centers, and recommended approval of the amendment with the additional language.
Greg Joseph, Executive Director, Camp Sandy Hill, 3380 Turkey Point Road, North East, MD – read a letter that was forwarded to the Board requesting additional language relating to Board of Appeals approval, consumption of alcoholic beverages and the proximity to facility that serve youth.
Janet McKenna, 5696 Turkey Point Road, North East, MD, Chesapeake Isles Civic Association – commented relative to regulating the consumption of alcohol by a county agency and tax base.
Lynn Campbell, 752 Mechanics Valley Road, North East – commented in favor of the 1000 ft. buffer included in the amendment, specifically for shared waterfront situations.
Commissioner Guns consulted Mr. Thomey about the proposed changes in the language submitted by Mr. Gregory and if these changes will accomplish what they are suggesting, that a liquor license will have to be granted.
Mr. Thomey advised that these language changes will allow the conference center to serve upon the application of a special exception, however, the Liquor Board will have to make the final determination.
Commissioner Guns thanked Mr. Joseph and Mr. Retz for their suggestions. He further made a recommendation for the inclusion identifying a “youth facility” and read the proposed inclusion.
Commissioner Kilby made a motion to approve the amendment with revised language. Commissioner Guns seconded the motion with the revised language, as follows:
[4. In the NAR, SAR, SR, DR, BG, BI, MB, M1 and M2 zones, conference centers may provide food and beverages (both non-alcoholic and alcoholic) to guests of the center attending functions, meetings, conferences and other events at the facility. Service of food and beverages shall only be provided to guests of the center and not the general public. Conference centers in the NAR, SAR, SR and DR zones that have received special exception approval previous to the enactment of this language will need to obtain Board of Appeals approval to provide alcoholic beverages to their guests.
5. All conference center structures in which alcohol beverages are being served to guests and areas where alcoholic beverages are being consumed by guests shall be located a minimum of 1,000 feet from any structure on an adjoining parcel that is being used as a hospital, church or school or facility that serve youth.
Youth Camp. A facility, either publicly or privately owned, that provides indoor or outdoor activities for children, including activities such as sports, arts & crafts, entertainment, recreation, educational activities, swimming, fishing and horseback riding. The camp may include buildings, structures and sanitary facilities designed for the recreation and education of youth.]
The motion was carried to approval by a unanimous vote
Eric Shertz, Office of Planning & Zoning presented three applications for Maryland Agricultural Land Preservation Foundation.
Paul A. and Barbara G. Raech for 288 acres located at 1415 Grove Neck Road, Earleville, Tax Map 61, Grid 5, Parcel 20 which is located in the Sassafras Rural Legacy Area. It is requested that 287 acres will be included in the request. The Planning Commission recommended approval of this request at their January 17, 2006 meeting.
Motion was made by Commissioner Manlove, seconded by Commissioner Kilby and unanimously carried to approve the request for Agricultural Preservation Designation for applicants Paul A. and Barbara G. Raech.
Charles H. Herzog for 22.56 acres located at 56 McCush Drive, Conowingo, MD, Tax Map 16, Grid 12, Parcel 291. The property is adjacent to a current MALPF designation; therefore, the 50- acre minimum requirement is not required. The Planning Commission recommended approval of this request at their January 16, 2006 meeting.
Motion was made by Commissioner Kilby, seconded by Commissioner Manlove and unanimously carried to approve the request for Agricultural Preservation Designation for applicant Charles H. Herzog.
Robert A. Magness for 81.04 acres located on 127 Philipe Lane, North East, MD, Tax Map 19, Grid 14, Parcel 111. The Planning Commission recommended approval of this request at their January 16, 2006 meeting.
Motion was made by Commissioner Kilby, seconded by Commissioner Guns and unanimously carried to approve the request for Agricultural Preservation Designation for applicant Robert A. Magness.
- PUBLIC COMMENT:
Rebecca Demmler, Childs, MD – made an inquiry relative to status of the Deaver Road Bridge.
Scott Flanigan, Director of Public Works responded at the request of the Board. He indicated that the repair/replacement is in the CIP for FY 06. A contract is anticipated spring 06 with completion by December 06.
John Williams, 2 Woodbine Circle, Elkton – resigned his position on two Commission Boards, the Canal Banks Study Committee and Citizens’ Advisory Committee, stating irreconcilable differences with the Board.
Owen Thorne, 20 Hillwood Rd., Elkton – offered suggestions to effect policy changes within the county government including information dissemination, procedures for Planning Commission meetings and public notices.
Tom McWilliams – commented in favor of the proposed resolution for discounted annual county property tax payments.
County Administrator Alfred C. Wein, Jr., presented a Resolution proposing upon payment in full of a county property tax bill in the month of July, and on the first semi-annual installment payment of a county property tax bill in the month of July, a discount of two percent (2%), as introduced at a Public Hearing on February 21, 2006.
Motion to approve the proposed Resolution was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve.
Eric Sennstrom presented an application to name a private road submitted by Stewart Associates for two roads within the Principio Business Park. The request is for Principio Parkway East and Principio Parkway West.
Motion was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to approve.
Mr. Wein presented a Resolution affirming the previous designation of the Cecil County Partnerships for Children, Youth and Families, Inc., as Cecil County’s local management board, pursuant to an Executive Order issued by the Governor’s Office.
Motion was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to approve.
The Sheriff and Purchasing Agent recommend that RFP #06-06 for Cecil County Corrections Facility Food Service be awarded to Aramark Correction Services for a three-year contract for an estimated total cost of $1,197,382.
Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve RFP 06-06 to Aramark Correction Services.
Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve Budget Amendment Nos. 94 & 94.
The next regular meeting of the Board of County Commissioners will be held on Tuesday, March 21, 2006 at 7:00 p.m. at the Chesapeake City Town Hall, 108 Bohemia Ave., Chesapeake City, MD 21915.
There being no further business of the County Commissioners, the meeting concluded.
_____________________________
Alfred C. Wein, Jr.
County Administrator
Approved:
_____________________________
Nelson K. Bolender, President