August 15, 2000

The Board of County Commissioners of Cecil County met in regular session at the Cecil County Library, Elkton Branch, 301 Newark Avenue, Elkton, Maryland, on Tuesday, August 15, 2000. The following members of the Board were present:

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 2:00 p.m. and opened with the Pledge of Allegiance.

- MINUTES - JULY 18 AND AUGUST 2, 2000 -

The minutes of July 18 Board of Health and Commissioners meeting and August 2 Commissioners meeting were approved as written.

- PUBLIC HEARING - FY01 EASEMENT CYCLE - MARYLAND AGRICULTURAL LAND PRESERVATION FOUNDATION

A public hearing was held on the fiscal year 2001 Agricultural Easement prioritizations to be submitted to the Maryland Agricultural Land Preservation Foundation (MALPF).

Ms. Sandra Edwards of the Office of Planning and Zoning advised that a total of 22 landowners in Cecil County applied to sell an easement to the MALPF during their fiscal year 2001 easement acquisition cycle. As in the past, the MALPF Board of Trustees has set a cap on the number of applications they will accept. Thus, they are requiring each participating county to rank their applications and submit only the top 80% (of 18 applications out of 22 submitted) for consideration by the state.

Ms. Edwards stated that the each application is ranked according to specific criteria. Formal approval of the recommended prioritization is required in order to submit the list to the state for consideration for easement sale.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the FY2OO1 Agricultural Easement Prioritizations for submission to the Maryland Agricultural Land Preservation Foundation.

- PUBLIC HEARING - DU PONT PRICKETT - ESTABLISHING FOUR (4) AGRICULTURAL PRESERVATION DISTRICTS

A public hearing was held on the application of Caroline duPont Prickett to establish four (4) Agricultural Preservation Districts that are six (6) acres each, located at 284 Great House Lane, Chesapeake City, Maryland, Second Election District, Tax map: 53, Part of Parcels: 20 and 23, zoned Southern Agricultural Residential (SAR).

Ms. Sandra Edwards, Office of Planning and Zoning, presented before the Commissioners the request by Mrs. Prickett. Mrs. Prickett current has 515 acres in the MALPF program. She is proposing to terminate from the program a total of 28 acres which is made of four (4) separate 7-acre areas of which 24 acres will be placed back in the program as four (4) separate 6-acre districts. Mrs. Prickett is requesting this action as part of her estate planning and her desire to provide lots on the farm for her grandchildren.

Ms. Edwards informed the Commissioners that by putting 24 acres back in the program, the owner will be able to ensure that the four (4) separate 7-acre areas cannot be further subdivided, which is most desirable as it prevents the acreage from being subdivided to its maximum potential.

Ms. Edwards stated that this recommendation is supported by the Planning and Zoning Staff and has been approved by the Agricultural Advisory Board. This request has not been before the Planning Commission by the Board can give approval dependent on the Planning Commission approval.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the application of Caroline duPont Prickett for an Agricultural Preservation District.

- PUBLIC HEARING - CRITICAL GROWTH ALLOCATION FOR RICHMOND'S MARINA

A public hearing was held on the request by Kenneth and James Richmond of Richmond's Marina for Critical Area Growth Allocation. Mr. Kenneth Richmond represented the applicants. The property is located on Glebe Road Bridge over Scotchman's Creek, Hack's Point community, 1500 Glebe Road, Earleville, Maryland, tax map: 52, parcels: 365, 377, and 12. The request would change 4.52~ acres from Limited Development Area (LDA - land use designation) to Intensely Developed Area (IDA - land use designation).

The public notice of the hearing was read by Mr. Alfred Wein, County Administrator and all witnesses were sworn.

Susan Lynch, 55 Somerset Court, Elkton, Maryland 21921, took a verbatim transcript of this public hearing.

Mr. Barry Griffith, Senior Planner with Lane Engineering Inc., a private firm in Cambridge Maryland, provided his credentials for providing testimony on this project. Mr. Griffith developed the plan to expand Richmond Marina which led to the application for Growth Allocation provisions in the Critical Area program from Limited Development Area (LDA) to Intensely Developed Area (IDA). The IDA designation is required because the proposed project increases the impervious coverage beyond the 15% allowed in LDA. The IDA designation focuses on improving water quality of the drainage into the bay area by 10%.

Mr. Griffith provided a drawing which outlines the project and a number of improvements to the existing marina. One improvement would be to remove the existing boat storage and ramp and replace it with a covered boat rack storage known as a ~~high and dry". This enclosed environment requires loading into the water not by trailer as in the current system, but by use of a forklift. A second improvement would be the removal of fixed piers and replacing them with floating piers. The plan calls for the conversion of the existing properties to a restaurant and detached bar/tavern facility and to replace one two-story dwelling with a lighthouse style office structure similar to the Thomas Point Lighthouse.

Lastly, Mr. Griffith explained that the storm water management and grading plan will be revised to have all drainage collected into a holding tank for pre-treatment and to be recycled for fresh water spray down and to establish a shallow retention pond for water drainage. Mr. Griffith shared that the plans did not call for elaborate landscaping due to concerns for blocking the vision of drivers operating vehicles in and around the marina property. Mr. Griffith reiterated that this plan is not the final site plan as this plan as proposed does not fit in the required parking spaces. The group proposes retaining the parking in the grassy areas and not creating more paved areas so as to not contribute to the increase in impervious coverage.

Mr. Griffith stated that as the plan was developed, he submitted and sought the input of the Technical Advisory Committee (TAC) of the Office of Planning and Zoning. He submitted a narrative description of the proposal, overall planning argument and how the project would comply with the current scoring system. The points scoring system is defined in the County Code and states the criteria and ranking process to determine whether a project is suitable for Growth Allocation. A total of 90 points is required to meet the minimum threshold for Growth Allocation. Examples of the criteria include the type and location of development, whether the project includes protection of forests, woodlands and habitats, improvements to water quality and whether the project was water dependent. The self-scoring by project managers of Richmond Marina indicated a score of about 60 points, 30 points short of the minimum requirement.

The current point system, according to Mr. Griffith, does not take into consideration nonresidential development so the project is penalized if using the current system. Mr. Griffith stated that the process for determining Growth Allocation varies for each local jurisdiction. For example other jurisdictions view whether the property under consideration is located to an existing IDA, such as the Richmond Mari, a, as a bonus or positive criteria, which is not the case in Cecil County.

Mr. Griffith reviewed the current point system and described how the proposed project could not ever meet the requirements for Growth Allocation as the system currently exists. Mr. Griffith argued that the project could meet the statutory requirements which are a net reduction of 10% of the water pollution run oft~ or 10% less phosphorous loadings into the water tributaries.

Mr. Griffith reported that he followed the process for submitting the application which included the TAC review. It is at this time that Mr. Griffith reports that he became aware of the required point system for determining Growth Allocation which appears to prohibit any growth or development of the Richmond Marina. According to Mr. Griffith, further growth or redevelopment of Richmond Marina will always be limited due to restrictions regarding land use. The codes require that only 15% of the total property can be impervious and the proposed project would create 51% of the area to be covered due to the need to move boats and vehicles around. Through Mr. Richmond's direction, Mr. Griffith stated that the Growth Allocation process was developed by legislators as a mechanism to accommodate the 15% rule. In Cecil County, according tp the state formula, there are approximately 996 acres available for Growth Allocation and this project would reduce that total amount by only 4.5 acres.

This ended Mr. Griffith's testimony and the following questions were presented. Commissioner Kilby requested clarification on who was confused in the interpretation of the regulations. Mr. Griffith stated he felt it was mutual confusion by t~e application process, all parties, and the fact that the current point system does not address re­development of existing commercial development sites. Commissioner Kilby inquired as to whether this project takes into account the storm water management code revisions that the state is imposing in the future and there was debate and discussion as to whether the 10% rule will still apply as there will be less reliance on pond collection and increase requirements for ground infiltration.

President Bolender stated to Mr. Griffith that his testimony indicated that he became aware of the 90-point system during the TAC consultations and he inquired as to why Mr. Griffith continued with the application process knowing the project failed the point system scoring. Mr. Griffith responded that in his initial consultations with Office of Planning and Zoning staff, they offered no alternative for plans that I focus on redevelopment of commercial system and were not sure how this project relates to the current point system. Mr. Griffith answered President Bolender's question that he had not worked with any other marinas in Cecil County.

Commissioner Hepbron asked if Mr. Griffith had checked with any other counties and how their point system operated. Mr. Griffith responded that not a] other counties have this system and used the example of Talbot county that requires II ~ designation to be contingent upon being attached to an existing IDA.

Mr. James Richmond of 1500 Glebe Road presented testimony about the proposed project. He stated he purchased the property in the early 1 98( 5. The new project proposes to accommodate a maximum of 240 boats which will vary according to the size of the individual boats. He stated that he plans to convert existing residences into a restaurant operation with detached par to create the development as a destination for tourists. He is acquiring the liquor license from the Fire Side Inn restaurant. Mr. Richmond stated there is a sense of urgency as the owner of the Fire Side Inn has given a deadline of September for decisions to be made since the existing restaurant must either refurbish the existing site or transfer the license to another site.

Mr. Richmond described how the current property is being used and focused on his ongoing efforts through the years to expand and enhance the site. He began as far back as 2.5 years ago when he had a swimming pool put in and he attained property from across the river for a sewage easement for the swimming pool and this current project. Mr. Richmond stated that he believed the staff of the Cecil County Health Department and the TAC have possibly obstructed the development of this project as they have recommended the purchase of additional property for sewage and the purchase of rights of way on roads whose county rights have been extinguished.

Commissioner Kilby asked about the number of additional boats that the marina will house. Mr. Richmond responded that the proposed project would reduce the number of boats in the water by 5% which would reduce the amount of pollution caused by paint chipping off the boats who are moored in the water. Mr. Richmond stated he purchased the additional property in1993 from the Hacks Point Fire Company and he was not aware of the Critical Areas zoning at that time.

Mr. Tony DiGiacomo provided testimony on behalf of the Office of Planning and Zoning serving as the principal planner for that county department. Mr. DiGiacomo stated that the Technical Advisory Council reviewed the proposal on 7/5/00 and the Planning Commission reviewed this on 7/17/00. He stated that the county codes provide a process for determining Growth Allocations and there are no exemptions to the use of the point system. Mr. DiGiacomo stated that the Planning Office did not score the project since the Richmond's self-score of 66 points were well below the 90 points required to proceed. A review of the current system and the points allocated ensued. Mr. DiGiacomo also stated that the Chesapeake Bay Critical Area Commission provided written correspondence on 7/7/00 which outlines their review of the site plan with comments. The Commission clearly stated areas of concern to be addressed by the County before the project should be approved, which focused on areas included in the point system scoring.

Commissioner Hepbron asked for a direct response that the Marina project fell short on the scoring system which Mr. DiGiacomo affirmed.

Mr. Richmond directed questions to Mr. DiGiacomo establishing his credentials for serving as a reviewer on behalf of the Office of Planning and Zoning for this project. In response to questions asked by Mr. Richmond, Mr. DiGiacomo affirmed that nothing in the scoring system relates to the expansion or redevelopment of a commercial development property.

Mr. Paul Seefeldt of Earleville provided testimony opposed to the development of the Richmond Marina expansion as it disrupts the quiet and serenity of the community.

Ms. Joan Mangnan presented testimony opposing the Growth Allocation, representing residents of the Hacks Point, Long Point, Scotchman's Creek and the surrounding areas. Ms. Mangnan focused on the need to not disrupt the village character of the community, the negative impact on transportation, traffic patterns, the existing ecosystem and threat to the water and septic systems that are already fragile. Ms. Mangnan further stated the she believes the proposed development is incompatible with the Comprehensive Plan, the special designation of the Village of Hacks Point. The failure to meet the 90-point threshold for approval and disapproval by the Planning Commission should also be considered.

Mr. Gary Curl of Glebe Road in Earleville stated his opposition to the proposed project. He sited the incompatibility of the project with existing and proposed developments in the areas. The project will bring an increase in motor and boat traffic creating hazards, noise, and damaging the rural nature of the community.

Mr. John Pennington of Earleville spoke out against the proposed project stating the project is not consistent with the comprehensive plan for Cecil County. The area is zoned Village Residential and according to Section 54 of the Zoning Ordinance and Subdivision Regulations, restaurants and taverns are not permitted in VR zoning.

Ms. Mikki Senn, 14 Wallamsey Lane in Greenbriar stated opposition to the project based on the failure to meet the scoring threshold of 90 points on the screening process.

Ms. Mangnan concluded testimony from residents of the surrounding area by highlighting a recent article published in the Chesapeake Bay Magazine which credited the community for sustaining the peaceful and tranquil environment compatible with nature.

Mr. Richmond concluded with a summation as to how the project will provide benefits to the community such as reduction of boat trailers, fees and taxes collected on boat storage, employment opportunities for those who tend to the boats and storage units, and the potential for community water and sewer at a time when the aquifers are low and polluted.

President Bolender called for closing of the testimony.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to deny the applicants request for Growth Allocation.

- REPORT - TREASURER'S OFFICE -

Ms. Pamela Howard, Treasurer, appeared and presented the monthly report of the Treasurer's Office as of July 31, 2000. A copy of the report is incorporated as a part of these minutes.

- PUBLIC COMMENTS -

No public comment was presented.

- BOARD APPOINTMENTS - SUSQUEHANNA WORKFORCE NETWORK

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to appoint the following persons as members of the Susquehanna Workforce Network previously known as the Susquehanna Region Private Industry Council):

 

- PERSONNEL ITEMS -

Ms. Linda Anguish, Director of Human Resources, appeared before the Board. Upon recommendation by Mrs. Anguish, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to accept the following resignations:

(1) Irene E. Commodore, DOH: 5/5/97, Lead Janitor, Facilities Management, effective 7/21/00,

(2) Dina Mayberry, DOH: 7/5/00, Program Eligibility Analyst (contractual), Department of Social Services, effective 8/22/00,

(3) Robert A. Horton, Jr., DOH: 7/10/00, Water and Wastewater Operator I, effective 8/2/00,

(4) Kevin K. Haley, DOH: 7/3/00, Equipment Operator 1, Roads, effective 8/15/00,

(5) Falena L. Small, DOH: 10/06/99, House Manager/Substitute.

Upon recommendation by Ms. Anguish, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the following appointments:

(1) Eugene R. Spencer, Security Guard, Facilities Management, $8.69 per hour,

(2) Leonard Miller, Laborer, Roads, $18,075.00 (grade 3), required to get CDL-B within six (6) months of hire,

(3) James E. Patrick, Jr., Laborer, Roads, $18,075.00 (grade 3), required to get CDL-B within six (6) months of hire,

(4) Tracey Edwards, part-time House Manager, Domestic Violence Shelter, $8.69 per hour (grade 3)

(5) Appoint the following to on-call positions in the Emergency Services:

- Andrea Larson-Jankowski to the position of Paramedic at $14.86 per hour, grade 7P,

- Brian Kozminski and Gary Peterson to the position of Medic at $13.76 per hour, (grade 6P).

Upon recommendation by the Department of Human Resources, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to appoint the following promotions, transfers, and/or reclassifications:

(1) Ruth A. Horn, DOH: 7/21/99, Office Services Assistant in Accounting, transfer to Information Systems retroactive to 7/31/00 at same salary/grade -$18,430.46 (grade 3),

(2) Joel L. Richardson, DOH: 11/12/96, Assistant Transfer Station Operator, Solid Waste Management at $21,363.87 (grade 3) promoted to Transfer Station Operator at $22,984.00 (grade 5),

(3) Charles E. Richardson II, DOH: 3/15/00, Laborer in Solid Waste Management transfer to Assistant Transfer Station Operator at same salary/grade - ~l 8,075.00 (grade 3),

(4) Patton H. Roark Sr., DOH: 9/2/98 Parts Clerk in Central Garage at $21,545.68 (grade 4), voluntary transfer to Van Driver, Department of Aging at $18,792 (grade 3)

(5) Brian D. Bennett, DOH: 10/25/99, Water and Wastewater Operator Trainee transfer to Equipment Operator Trainee in Roads at same salary -$20,918.14 (grade 3),

(6) Each of the following employees in the Department of Emergency Services will be eligible for promotion to the level of Dispatcher H at a salary of$25,100.00 (grade 5P) on the dates listed below if otherwise eligible:

- Paula J. Ball August 24, 2000

- Robert F. Muller August 28, 2000

- Christina M. Kane August 30, 2000

(7) Transfer Richard W. Aro, DOH: 7/7/99, Facilities Management Department, part-time Security Guard at $8.86 per hour to full-time Janitor at $18,428.80 (grade 3).

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve a waiver of 20 hours of annual leave to be carried into FY01 and to be used by 8/15/00 for Jane E. Meekins, Sheriff's Office, Sergeant.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to revise the County Personnel Policies and Procedures:

Article 277-80 Status of Benefits and Pay for Employees on Suspension

B. Health Insurance - add reference that suspension beyond this period (end of the month) should be handled the same way as a personal leave of absence without pay.

- BID - #2001-06, ½ TON PICKUP TRUCK FOR MOSQUITO CONTROL -

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to award the bid for a ½ Ton Pickup Truck for the Mosquito Control Department in the amount of$19,549.00 to Sturgill Chrysler-Plymouth-Dodge­Jeep-Eagle.

- PERPETUAL ROAD MAINTENANCE AGREEMENTS

Mr. Fred Orr, Deputy Director of Public Works, appeared before the Board and presented a Perpetual Road Maintenance Agreement between this Board, the Estate of Pearl Philhower and Carol Philhower. Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Perpetual Road Maintenance Agreement.

- PUBLIC WORKS AGREEMENT - MEADOW RUN, SECTION III

Mr. Fred Orr, Deputy Director of Public Works, appeared before the Board and presented two Public Works Agreements as follows:

(1) Agreement between this Board and Gray's Hill Development Co., Inc. and Raymond B. Weed, Jr. for Roads and Storm Drains for a County Road in the proposed subdivision known as Meadow Run, Section III, located in the Fifth Election District on the east side of Fineburg Road

(2) Agreement between this Board and Gray's Hill Development Co., Inc. and Raymond B. Weed, Jr. for Sanitary Sewer for a County System in the subdivision known as Meadow Run, Section III. Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Public Works Agreements.

- PUBLIC WORKS AGREEMENT - WHITAKER WOODS

Mr. Fred Orr, Deputy Director of Public Works, appeared before the Board and presented three Public Works Agreement as follows:

(1) Agreement between this Board and Lambdin Development L.L.C. for Roads and Storm Drains for a County Road for Phase(s) III, IV, and V of Whitaker Woods located in the Fifth Election District, on the southwest side of Red Toad Road

(2) Inspection and Maintenance Agreement of Private Stormwater Management Facilities between this Board and Lambdin Development, L.L.C. for Whitaker Woods, Tax Map 24; Parcels 76 and 659

(3) Agreement between this Board and Lambdin Development, L.L.C. for Sanitary Sewer for a County System; Whitaker Woods; Phases Ill, IV, and V

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Public Works Agreements.

- INSPECTION AND MAINTENANCE AGREEMENT - FAIRVIEW SENIOR HOUSING, RISING SUN, MONTGOMERY BROTHERS

Mr. Fred Orr, Deputy Director of Public Works, presented an Inspection and Maintenance Agreement of Private Stormwater Management Facility. The Agreement is between the Board and H. Barry Montgomery and Montgomery Brothers, Inc. for property known as Tax Map 10, Parcel 103, Fairview Senior Housing located in Rising Sun, Maryland.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Inspection and Maintenance Agreement.

- PERPETUAL ROAD MAINTENANCE AGREEMENT - WILLIS

Mr. Fred Orr, Deputy Director of Public Works, presented the following Perpetual Road Maintenance Agreements before the Board:

(1) Agreement between this Board, Samuel Drew Willis and Pauline Willis (parents) and Karen W. (daughter) and John C. Reynolds, for property located at 6191 Telegraph Road, Elkton, MD 21921, and

(2) Agreement between this Board, Samuel Drew Willis and Pauline Willis (parents) and Rodney D. Willis (son) for property located at 6191 Telegraph Road, Elkton, MD 21921

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Perpetual Road Maintenance Agreement.

- INSPECTION AND MAINTENANCE AGREEMENT - LANDS OF NOTTINGHAM DEVELOPMENT, NOTTINGHAM DEVELOPMENT COMPANY

Mr. Fred Orr, Deputy Director of Public Works, presented the following Inspection and Maintenance Agreement of Private Stormwater Management Facilities between this Board and Nottingham Development Company, Inc. for property known as Lands of Nottingham Development Company, Inc., Tax Map 2: Parcel 122.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Inspection and Maintenance Agreement.

- INSPECTION AND MAINTENANCE AGREEMENT - OLDE TOWNE LAND COMPANY, THE COURTYARDS AT OLDE TOWNE

Mr. Fred Orr, Deputy Director of Public Works, presented the following Inspection and Maintenance Agreement of Private Stormwater Management Facilities between this Board and Old Towne Land Company for property known as The Courtyards at old Towne, Tax Map 801; Parcels 391 and 834.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Inspection and Maintenance Agreement.

- BID - PERFORMANCE FOOD GROUP

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to award the contract for a water tower, installation of sanitary sewer main, pumping station, and all associated equipment in the amount of $378,260 to Kinsley Construction, Inc. This is a CDBG funded project at the Performance Food Group site on MD Rte. 279.

- ADMINISTRATORS ITEMS

Mr. Alfred Wein, County Administrator announced that the next meeting will be September 5, 2000 7:00 p.m. at the County Office Building, 129 E. Main Street in Courtroom 1.

- BUDGET AMENDMENTS 6-22 -

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve Budget Amendments 6-22 as presented by Mr. Al Wein. Copies of the Budget Amendments are incorporated as 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