Nelson K. Bolender, President
Harry A. Hepbron, Commissioner
Phyllis Kilby, 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.
- MINUTES – APRIL 27, 1999 –
The minutes of April 27, 1999, were approved as written.
- PUBLIC HEARING – AMENDMENT TO ZONING ORD. –
A public hearing was held on the following amendment to the Zoning Ordinance: Amend by addition [ ]. Amend by deletion {-}.
ARTICLE XI, PART I, SECTION 196, SUBSECTION 1.a. through l.b.(3)(d) and Section 198
SECTION 196. Buffer Requirements
1. Tidal Waters, Tidal Wetlands, and Tributary Streams no-disturbance Buffer (see Article II, Section 12 for the definition of Buffer)
a. Where a tract of land bordering tidal water, tidal wetlands, or tributary
streams in the Critical Area is proposed for development or redevelopment and {a
buffer exemption has not been granted by the Cecil County Commissioners} [a
Buffer Exemption Area has not been mapped and designated by the County
Commissioners and approved by the Critical Area Commission], a Buffer of at
least one hundred and ten (110) feet shall be established [landward of the
mean high water line of tidal waters, tributary streams, and tidal wetlands]
in natural vegetation (except areas of the Buffer which are planted in
vegetation where necessary to protect, stabilize, or enhance the shoreline).
[b.] No development including septic systems, impervious surfaces,
parking areas, roads, or structures, are permitted in the Buffer. {However,
approved development or expansion of water dependent facilities, as provided in
Section 198 are excepted from these Buffer Provisions.} [Except for
new development or the expansion of existing development associated with
water-dependent facilities, As provided in Section 198.]
{b. The Buffer shall be expanded to include contiguous sensitive
areas on the parcel whose development or disturbance may impact streams,
wetlands, or other aquatic environments unless the applicant can prove that
the development or disturbance of these areas will not adversely impact streams,
wetlands or other aquatic environments.
(1) Sensitive areas have the following Features: 1) Hydric soils and soils with Hydric properties as designated by the Soil Conservation Service; 2) Highly Erodible soils; and 3) Slopes greater than fifteen (15) percent.
(2) This expansion will occur whenever new Land development or other land Disturbing activities, such as clearing Natural vegetation for development, are proposed.
(3) The Buffer expansion, when required, Shall meet the following standards:
(a) The Buffer shall be expanded four (4) feet for every percent of slope over fifteen (15) percent or to the top of slope.
(b) The Buffer shall be expanded to the upland limit of adjacent hydric soils, soils with hydric properties, and highly erodible soils, within the Critical Area.
(c) The Buffer will be expanded to include those soils lying in the drainage area between the proposed land disturbance and the Buffer.
(d) The expanded Buffer must be shown on plans required for such development.}
[2.] [Buffer Expansion]
[a. The Buffer shall be expanded to include contiguous sensitive areas, such as steep slopes, hydric soils, or highly erodible soils, whose development or disturbance may impact streams, wetlands, or other aquatic environments.
e. In the case of steep slopes fifteen (15) percent or greater contiguous to the Buffer, the Buffer shall be expanded four (4) feet for every one (1) percent of slope or to the top of the slope, whichever is greater in extent.
f. When Buffer expansion is required for hydric and/or highly erodible soils, because development or disturbance may impact streams, wetlands, or other aquatic environments, expansion shall be to the upland limit of contiguous hydric and/or highly erodible soils.]
{2.}[3.] Existing sand and gravel operations should
establish a Buffer to the greatest extent possible.
Section 198. Water Dependent Facility Requirements
1. Proposed new or expanded water dependent facilities [may be permitted
in the Buffer in IDA and LDA provided they] {shall}
demonstrate the following:
A verbatim transcript of this public hearing was taken by Susan Lynch, 55 Somerset Court, Elkton, Maryland 21921.
Mr. Eric Sennstrom, Director of Planning and Zoning, advised that the amendment deals with the section of the Zoning Ordinance relative to buffer requirements in the Chesapeake Bay Critical Area. The amendment was initiated by the Critical Areas Commission.
Mr. Sennstrom stated the main change is changing language that was discretionary concerning buffer expansion to make it more mandatory.
The Planning Commission recommended approval of the amendment. The Critical Areas Commission has advised that the amendment is in accordance with State regulations.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the amendment to the Zoning Ordinance.
- PUBLIC HEARING – CAPITAL IMPROVEMENT PROGRAM –
A public hearing was held on the proposed six-year Capital Improvement Program for FY99-2004.
Mr. Al Wein, County Administrator, advised that the emphasis has shifted from water and sewerage expansion projects to improvement of existing facilities and enhancements. The Plan reflects projects from the following different segments of County government: Board of Education, Cecil Community College, Emergency Services, Maintenance Department, Planning and Zoning, Department of Public Works (Solid Waste, water and sewerage, and bridges), and the Detention Center.
Mr. Wein advised that $1.9 million is allocated in paygo funds for FY2000 capital projects in the proposed budget. These projects include $218,907 for improvements to the Cecil Community College entrance and parking lot. The State is providing over $400,000 to assist with this project. $173,000 is programmed for Emergency Services for a communications infrastructure upgrade to purchase and install 300 watt, 300 amp transmitters at the 911 central communications center and the repeater site located at Route 155 and I-95. The State will provide tower space. $100,000 is programmed for the Maintenance Department for various upgrades to the Court House. $200,000 is provided to Planning and Zoning for a local match to a State grant that was approved by the General Assembly for dredging of the Elk River. $350,000 is provided to the Detention Center for HVAC improvements.
Mr. Wein stated the County anticipates utilizing bond proceeds on several bridges, including the two Wheatley Road bridges and Razor Strap Road in the amount of $1,230,000.
Board of Education projects in the amount of $9,740,535 include the completion of Holly Hall Elementary, Cecilton Elementary and Rising Sun Middle addition/renovations and the commencement of Bainbridge and North East Elementary addition/renovation projects. There are also some roof replacement and HVAC projects at various schools. The Board will be reviewing the Board of Education's CIP this summer.
Also in FY2000 the County is investigating alternative funding sources for the construction of Cell 5, Phase 2, in the amount of $2,750,000.
In regard to the Department of Public Works Water and Sewer Department, biological nutrient removal is planned, among other improvements, for the North East River Advanced Wastewater Treatment Plant. Mr. Orr is investigating funding opportunities through the Maryland Department of Environment for this project. Funds are also programmed for certain improvements to the Cherry Hill Wastewater Plant in FY2000. Funding sources have yet to be determined, as well as the scope of the project. This will be further defined through the execution of a consent order between the Board and MDE.
Mr. Wein advised that the Planning Commission recommended approval of the CIP.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Capital Improvement Program for FY1999-Fy2004. A copy of the Resolution is incorporated as a part of these minutes.
- COMMISSIONER COMMENTS –
Commissioner Hepbron reported that he attended the dinner for Bill Manlove, who was recognized as an outstanding citizen.
Commissioner Hepbron also attended the North East Fire Company banquet on May 1.
President Bolender announced that a public hearing on the constant yield rate will be held on May 11 at 1:00 p.m. There will be a public hearing on the proposed budget at 1:30 p.m. These hearings will be held in the Commissioners' Office. There will also be a public hearing on the proposed budget on May 11 at 7:00 p.m. at the Cecil Community College Technical Building.
President Bolender advised that everyone will be given five minutes to speak. There is no yielding of time to another party. Anyone who has not signed in will speak at the end. Written comments will be accepted.
- PROCLAMATIONS –
The Board presented the following Proclamations: May 2-8, 1999, as Correctional Officers' Week, Correctional Officers of the Year – Michael Cunningham and James O'Cain, May, 1999, as Teen Pregnancy Prevention Month, and May, 1999, as Sickle Cell Anemia Month.
- CERT. OF RECOGNITION – PV. HIGH DEBATE TEAM –
The Board presented a certificate of recognition to the Perryville High School Debate Team for taking first place in the John's Hopkins University Model United Nations conference.
- REPORT – DOMESTIC VIOLENCE/RAPE CRISIS CTR. –
Ms. Dianna Detwiler, Director of the Domestic Violence/Rape Crisis Center, appeared to give a report on the Center. She advised that the Domestic Violence Program as been in existence since 1986 and is part of the Department of Social Services. They are grant funded.
Anyone who needs assistance can get most services free of charge. They have the only 24-hour crisis hotline available in the County. Ms. Detwiler advised that they offer crisis counseling for both individual and groups. They have an attorney on staff, a children's counselor, and a shelter for victims. They accept referrals from the community at large. Outreach services are coordinated with Chesapeake Family Practice, the Health Department, and the Sheriff's Office. An advocate does follow-up for every family. Ms. Detwiler advised that they are doing intensive outreach to familiarize the community that there are services and how to access them.
- ADMINISTRATOR ITEMS –
Mr. Al Wein, County Administrator, reported that there will be a regular session on May 11 immediately following the two budget hearings. It will be held at approximately 2:00 p.m.
- PUBLIC COMMENT –
Mr. Joe Carabetta asked about transfer of money in regard to the lease with Cecil Community College for the Economic Development Office and was advised that there will only be a monthly telephone bill.
He advised that a case has been filed in Circuit Court in regard to Whitaker Woods.
Mr. Carabetta also inquired about the hearing on the constant yield rate and about the Commissioners' schedule for meetings during the Summer.
Ms. Diane Carabetta thanked the Board for helping with Christmas in April.
Mr. Ronald Rae questioned why the SPCA has a contract with the County and why the County provides health insurance and vehicle repairs.
Ms. Rebecca Demmler asked about the SPCA's budget, if the legislative items on the agenda were advertised, and the change of meeting times for the Summer.
- PERSONNEL ITEMS –
Ms. Linda Anguish, Director of Human Resources, appeared before the Board. Upon recommendation by Ms. Anguish, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to accept the resignations of Estel H. Cook, Operator Trainee, effective May 7, 1999, and Teresa A. Oravitz, part-time Program Associate, effective May 13, 1999.
Upon recommendation by Ms. Anguish, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to appoint James R. Heverin as Temporary Van Driver in the Department of Aging at an hourly rate of $8.35 (Grade 3).
Upon recommendation by Ms. Anguish, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the reclassification of Robert A. Horton, Jr. to Operator I in Water and Wastewater, $24,294.40 (Grade 6) from Operator Trainee, $20,346.14 (Grade 4), as he obtained his permanent license for this position.
- HOUSING AGENCY – ADM. PLAN CHANGES –
Mr. David Mahaney, Director of Housing and Community Development, appeared before the Board. He advised that the Department of Housing and Urban Development is merging their certificate and voucher program. The $50.00 minimum rent policy will be eliminated. Families reporting "zero income" must report this monthly, in person, at the Housing Office and avail themselves of employment opportunities.
Mr. Mahaney advised that when a tenant desires to relocate they must verify household composition, income, and deductions. They must properly notify the present landlord and the Housing Office, in writing, as to the last day of tenancy. There must be a minimum of one month notice. Also, they must submit a dated letter to the Housing Office from the current landlord stating that there are no current tenant damages, that the current tenant is in good standing, and that there are no violations of the lease. They must also obtain a letter from the current utility provider that they are in good standing.
The fair market rents and payment standards will be merged and become the same as those that the Department of Housing and Urban Development establishes for the County.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the administrative plan changes for the Housing Office.
- BID – BASEBALL FIELD LIGHTING EQUIPMENT –
Mr. Edward Slicer, Parks and Recreation Manager, appeared and recommended that the bid for baseball field lighting equipment be awarded to United Electric Supply in the amount of $35,358.52.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to award the bid as described above.
- LEASE – CECIL COMMUNITY COLLEGE –
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the lease between Cecil Community College and this Board for the Economic Development Office.
A copy of the Lease is incorporated as a part of these minutes.
- RD. RENAMING – OSPREY COVE LANE -
Mr. Eric Sennstrom, Director of Planning and Zoning, appeared and advised that the Office of Planning and Zoning received a request from co-owners Michael Lehnkering and the Maryland Department of Natural Resources to rename a private road. The subject lane is currently named "Camp Brisson Road", and they are proposing the new name of "Osprey Cove Lane". This lane is located off of Turkey Point Road in the Fifth Election District.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the road renaming as described above.
- REQUEST FOR PROPOSALS – WELLHEAD PROTECTION PROGRAM –
Mr. Eric Sennstrom advised that the Office of Planning and Zoning has received the following responses to their Request for Proposals to create a Wellhead Protection Program for the County:
Advanced Land & Water, Inc. - $86,580
Geo-Technology Assoc., Inc. - $143,000
Mr. Sennstrom recommended that Advanced Land & Water, Inc. be selected to develop the Wellhead Protection Program.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the recommendation of Mr. Sennstrom.
- INSP. & MAINT. AGREEMENT OF PRIVATE STORMWATER MANAGEMENT FACILITIES –
Mr. Fred Orr, Deputy Director of Public Works, appeared and presented an Inspection and Maintenance Agreement of Private Stormwater Management Facilities between this Board and Lamdin Development, L.L.C. pertaining to Whitaker Woods, Phase I, II, and III.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Inspection and Maintenance Agreement.
- PUBLIC WKS. AGREEMENT – WHITAKER WOODS –
Mr. Orr presented a Public Works Agreement between this Board and Lambdin Development L.L.C. pertaining to 699.44' of Whitaker Avenue, 2,300.30' of Watson Way, and 595.23' of Forge Court in the subdivision known as Phase I and II of Whitaker Woods in the Fifth Election District of Cecil County.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Public Works Agreement.
- AMENDED AGREEMENT – CHES. STORAGE, L.L.C. –
Mr. Orr presented an Amended Agreement between this Board and Chesapeake Storage, L.L.C. for the Brantwood Golf Course sanitary drain field.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Amended Agreement.
- PUBLIC WKS. AGREEMENT – PERSIMMON CREEK –
Mr. Orr presented a Public Works Agreement between this Board and Persimmon Partners pertaining to 385.26' of Persimmon Lane and 990.39' of Mule Deer Court in the subdivision known as Section II of Persimmon Creek located in the Fourth Election District of Cecil County.
- DEED – MONTGOMERY BROTHERS, INC. –
Mr. Orr presented a Deed with Montgomery Brothers, Inc. to accept Colonial Way in Section 1 of Tower Hill into the County road system.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to execute the Deed.
- BUDGET AMENDMENT NO. 4 – BD. OF EDUCATION'S CONST. BUDGET
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve Budget Amendment No. 4 to the Board of Education's FY99 Construction Budget in the amount of $4,368.
- BUDGET AMENDMENT NOS. 166-175 –
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve Budget Amendment Nos. 166-175.
Copies of the Budget Amendments are incorporated as a part of these minutes.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to adjourn.
Alfred C. Wein, Jr.
County Administrator
APPROVED:
Nelson K. Bolender, President