MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS MEETING
March 21, 2006
The Board of County Commissioners for Cecil County met in regular session at the Chesapeake City Town Hall, 109 Bohemia Ave., Chesapeake City, MD, on Tuesday, March 21, 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 March 2, 2006 public informational meeting of the Board of County Commissioners were unanimously approved.
The minutes from the March 7, 2006 meeting of the Board of County Commissioners for the purposes of a rezoning hearing were unanimously approved.
The minutes from the March 7, 2006 meeting of the Board of Health were unanimously approved.
The minutes from the March 7, 2006 Board of County Commissioner regular meeting were unanimously approved.
-COMMISSIONERS’ COMMENTS-
Commissioner Guns – commented about the on-going budget process that is currently underway.
Commissioner Manlove – declined comment.
Commissioner Kilby – referenced a brochure available at the Cecil County Public Library for small business owners.
Vice President Hepbron – declined comment.
President Bolender – commented about an Eagle Scout ceremony he attended the past weekend.
Pamela Howard, Treasurer for Cecil County presented the Treasurer’s Report for the period ending February 28, 2006. A copy of this report is incorporated into these minutes.
President Bolender presented a proclamation to members of the Cecil County Arts Council, proclaiming the month of May “Cecil County Art’s Month”.
Eric Sennstrom, Director, Planning, Zoning, Parks & Recreation presented the Board with the Planning Commission’s 2005 Annual Report. The report prepared by the Cecil County Office of Planning, Zoning, Parks & Recreation for the Planning Commission covers the development activity that has occurred in Cecil County during calendar year 2005. This activity includes major and minor subdivisions, rezonings, special exceptions, variances, appeals, historic designations, agricultural preservation, code violations, building permits, and site plans.
The Planning Commission recommended approval of this report at their February 21, 2006 meeting.
PUBLIC COMMENT:
None
Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve the Planning Commission’s 2005 Annual Report.
2004 MASTER WATER & SEWER PLAN – TOWN OF RISING SUN – WASTEWATER SYSTEM UPGRADES –
Mr. Sennstrom presented a request by Town of Rising Sun to amend the 2004 Master Water & Sewer Plan, Chapters 3 and 4 to reflect upgrades the town is engaging in concerning their water treatment supply operation as well as their wastewater treatment and collection process.
The Planning Commission recommended approval at their February 21, 2006 meeting.
PUBLIC COMMENT:
None
Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve the amendment to the 2004 Master Water & Sewer Plan pursuant to the request of the Town of Rising Sun. A copy of the amendment is attached hereto and incorporated into these minutes.
Mr. Sennstrom presented a request by the Town of Cecilton to amend the 2004 Master Water Sewer Plan, Chapter 4, Section 4.1.1.B to reflect the Towns plans to upgrade their wastewater treatment plant.
The Planning Commission recommended approval at their February 21, 2006 meeting.
PUBLIC COMMENT:
Chris Rogers, URS, on behalf of the Town of Cecilton advised the changes are necessary due to the town’s inability to acquire the necessary land for their previous lagoon treatment and spray irrigation system plan.
Motion was made by Commissioner Manlove, seconded by Vice President Hepbron and unanimously carried to approve the amendment to the 2004 Master Water & Sewer Plan pursuant to the request of the Town or Cecilton. A copy of the amendment is attached hereto and incorporated into these minutes.
Mr. Sennstrom presented a request by the Town of Chesapeake City to amend the 2004 Master Water Sewer Plan Chapters 3 and 4 to reflect the Town of Chesapeake City’s plans to upgrade their water and wastewater facilities.
PUBLIC COMMENT:
Chris Rogers, URS, on behalf of the Town of Chesapeake City advised that the Town is anticipating the purchase of bulk water from Artesian Water Company and will require the extension of a Town water main from the Delaware state line to the town limits of Chesapeake City. In addition the erection of a 300,000 gallon water storage tank.
Mayor Rob Bernstine – commented in support of the request for amendment.
Motion was made by Commissioner Kilby, seconded by Vice President Hepbron and unanimously carried to approve the request for amendment of the 2004 Master Water and Sewer Plan by the Town of Chesapeake City.
Matt Carter, Capital Improvement Facilities, introduced a resolution to the Board establishing the Sanitary Sewer Benefit Assessment for the North East Sanitary Subdistrict, pursuant to a public hearing on April 18, 2002. This assessment is for the cost incurred extending sanitary sewer services within the Town of North East, known as the Mauldin Avenue project. The benefit assessment in the amount of One Thousand Two Hundred Seventy Five Dollars ($1,275.00) will apply to new and expanded users only. The benefit assessment is based upon 1800 equivalent living units.
The Board will take action on this resolution at their April 4, 2006 Board meeting.
Eric Shertz presented four applications filed for the establishment of Agricultural Preservation Districts by the Garren Family Real Estate Partnership for the following properties:
Middleneck Road, Warwick, MD; Tax Map 53, Grid 13, Parcel 43 & 44; Election District 2; consisting of 100 acres; zoned: Southern Agricultural Residential (SAR)
Middleneck Road, Warwick, MD; Tax Map 53, Grid 13, Parcel 45; Election District 2; consisting of 50 acres; zoned: Southern Agricultural Residential (SAR)
Middleneck Road, Warwick, MD; Tax Map 53, Grid 13, Parcel 24, Lot 5; Election District 2; consisting of 50 acres; zoned: Southern Agricultural Residential (SAR)
Middleneck Road, Warwick, MD; Tax Map 53, Grid 13, Parcel 24, Lot 6; Election District 2, consisting of 50 acres; zoned: Southern Agricultural Residential (SAR)
All criteria has been met relative to soil class and woodland classifications.
The Agricultural Preservation Committee recommended approval on March 3, 2006 and the Planning Commission recommended approval at their March 20, 2006 meeting.
PUBLIC COMMENT:
Louisa Pleasanton spoke on behalf of herself and her brother, William Price, in support of the request.
Motion was made by Commissioner Manlove, seconded by Commissioner Kilby and unanimously carried to approve the request for the establishment of a Maryland Agricultural Land Preservation District for the above properties.
Dr. Stephen Pannill, on behalf of the Arts and Entertainment Council presented a resolution supporting the designation of the Elkton Arts and Entertainment District. The Elkton Chamber and Alliance has applied to the Secretary of Business and Economic Development of the State of Maryland for designation within certain boundaries located within the Town of Elkton. The designation will increase community development and revitalization by attracting both tourists and residents, stimulating business activity in the evening and on weekends, and supplementing educational and recreational programs. The designation will further provide income tax subtraction modifications for qualifying participants as well as property tax credits for construction or renovation of buildings.
PUBLIC COMMENT –
Tim Smith, 74 Willow Oak Court, Elkton – commented in support of the proposed resolution for the Elkton Arts and Entertainment District.
Tom McWilliams, 245 Plum Point Road, Elkton – commented in support of the proposed resolution for the Elkton Arts and Entertainment District.
Janae Lynn McElwee, 80 Woodall Road, Perryville – commented in support of the proposed resolution for the Elkton Arts and Entertainment District.
John Styer – 118 Irishtown Road, North East – commented in support of the proposed resolution for the Elkton Arts and Entertainment District.
Motion was made by Vice President Hepbron, seconded by Commissioner Kilby and unanimously carried to approve the resolution as presented for approval of an Arts and Entertainment District within the Town of Elkton.
PUBLIC COMMENT –
Ron Francis, Chesapeake City, MD – on behalf of the Town Commissioners for Chesapeake City, welcomed the Board to Chesapeake City.
Tom McWilliams, 245 Plum Point Road, Elkton – commented relative to the proposal for the former Elk Neck Landfill and recommended that Raintree Airpark be awarded the proposal.
Mayor John Bunnell, Town of Cecilton – commented relative to a proposal by the Delaware Department of Transportation and the Federal Highway Administration for a traffic diversion plan that would divert traffic through Cecilton.
Motion was made by Commissioner Guns, seconded by Vice President Hepbron and unanimously carried to appoint re-appoint Cynthia Pease to the Cecil County Mental Health Partnership, Core Advisory Board for a three-year term to expire on March 1, 2009.
Motion was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to re-appoint the following to Cecil Partnerships for Children, Youth and Families Board for a two-year term to expire on March 1, 2008:
Gary Sawyer Nancy Heinhold
Susan Twigg Darrell Hamilton
Motion was made by Commissioner Guns, seconded by Commissioner Kilby and unanimously carried to re-appoint the following to the Adult Public Guardianship Board for a three-year term to expire on March 1, 2009:
Robert Churnside
Susan Twigg
Alfred C. Wein, Jr. County Administrator presented the Former Elk Neck Landfill Property proposals to the Board for a decision. Three proposals were submitted at a public hearing on March 2, 2006 relating to the purchase of approximately 50.83 acres which the County owns, known as the former Elk Neck Landfill. Proposals were received by Joseph P. Martinuk, Robert D. Powell, Raintree Corporation and John Kelly.
Vice President Hepbron made a motion to accept the proposal of Robert D. Powell, Raintree Corporation, conditioned upon the following: well maintenance and monitoring continued and acceptable to MDE; the property be restricted to airport use; and there be no disturbances of the former landfill without MDE approval.
The motion was seconded by President Bolender and unanimously carried to approval.
Mr. Wein, on behalf of the Office of Economic Development, presented a resolution to the Board authorizing the Office of Economic Development to make application for and acceptance of a $50,000 Economic Growth Study Grant from the Department of Business and Economic Development and the Maryland Economic Development Assistance Authority and Fund to develop a strategic plan for the economic growth for Cecil County. The County will provide $45,000 in matching funds.
Motion was made by Commissioner Manlove, seconded by Vice President Hepbron and unanimously carried to approve the resolution authorizing application for the grant.
- DEPARTMENT OF PUBLIC WORKS - DEEDS
Deed of Easement between Donald H. Wolfe, Grantor and The Board of County Commissioners of Cecil County, Grantee, to construct, improve, and maintain Blue Ball Road Bridge over North East Creek –
Deed of Easement between Ira Cecil Cornett and Marsha A. Cornett, Grantors and The Board of County Commissioners of Cecil County, Grantee, to construct, improve, and maintain Blue Ball Road Bridge over North East Creek
Deed of Easement between Todd M. Hudson and Laura A. Hudson, Grantors and The Board of County Commissioners of Cecil County, Grantee, to construct, improve, and maintain Red Toad Road Bridge over Principio Creek
Deed of Easement between Dale M. Smith, Grantor and The Board of County Commissioners of Cecil County, Grantee, to construct, improve, and maintain Red Toad Road Bridge over Principio Creek
Deed of Easement between Gene P. Bannon and Cynthia M. Bannon, Grantors and The Board of County Commissioners of Cecil County, Grantee, to construct, improve, and maintain Frist Road Bridge over Basin Run -
W. Scott Flanigan, Director of Public Works presented the above six (6) deeds to the Board for approval. All of the deeds are for easement of right-of-ways for various road and bridge repairs throughout the County.
Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve the deeds as presented by Mr. Flanigan.
Motion was made by Vice President Hepbron, seconded by Commissioner Kilby and unanimously carried to approve Budget Amendments No. 95 - 100.
The next regular meeting of the Board of County Commissioners will be held on Tuesday, April 4, 2006 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:
____________________________
Nelson K. Bolender, President