MINUTES OF THE BOARD OF

COUNTY COMMISSIONERS

September 19, 2000

            The Board of County Commissioners of Cecil County met in regular session at the Elkton Town Hall, Elkton, Maryland, on Tuesday, September 19, 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 7:00 p.m. and opened with the Pledge of Allegiance.

-         MINUTES – SEPT. 5, 2000 –

The minutes of September 5, 2000, were approved as presented.

-         PUBLIC HEARING – AMENDMENTS TO ZONING ORD. –

A public hearing was held on the following amendments to the Zoning Ordinance:  1) Add New:  SECTION 157 – Convenience Stores (9.10.000); and ARTICLE IV – SECTION 54.4 Table of Permissible Uses – Convenience Stores (Section 157) Subsection 9.10.00 2)  Add New:  ARTICLE XI, PART IV, SECTION 245 – Historic District and 3)  Amend:  ARTICLE I, SECTION 4 – Right to Farm Ordinance

A verbatim transcript was taken by Susan Lynch, 55 Somerset Court, Elkton, Maryland.

Mr. Eric Sennstrom, Director of Planning and Zoning, read the first amendment  - Add New: SECTION 157 – Convenience Stores (9.10.000); and ARTICLE IV – SECTION 54.4 Table of Permissible Uses – Convenience Stores (Section 157) Subsection 9.10.00, which is incorporated as a part of these minutes.

He advised that the Planning Commission recommended disapproval of the amendment as written and made the following recommendations:

Item 7 – Request the Office of Planning and Zoning to review and quantify by number of pumps, total sales, or by some other means, to define the term accessory or subordinate use;

Item 4 – Strike sentence, “Pole lighting shall not be permitted unless required for safety reasons at points of ingress and egress.”

Item 10 – Change the word “village” to “area”.

Mr. Ronald Rae spoke in favor of the amendment.

Mr. Harry Welcher spoke in opposition to the amendment and is concerned about polluted wells since motor fuel sales may be used as an accessory to convenience stores in BL zoning.  He also is concerned about enforcement measures.

Ms. Judy Green stated she is pleased that adjoining property owners would be notified.  However, she is concerned about Item 10 stating she feels the word “village” should be removed.

Mr. Dave Green stated BL was meant to serve the local community; it was not meant to attract outside people.  He referred to Item 9 concerning a traffic impact study and feels it should be bid.  Mr. Green stated he favors  the requirement for submitting a lighting plan.

Ms. Marsha Biddle spoke in opposition stating she doesn’t see much improvement in the suggested changes; it contains vague language.  She is concerned about Items 7, 8, and 10.

Ms. Debbie Klenk spoke in opposition and is concerned about convenience stores coming into the neighborhood.  She stated this needs to be a special exception.  There needs to be criteria and rules that can be followed and evaluated.

Mr. Robert Calehuff  spoke in opposition stating the amendment needs to be rewritten with specifics.  He feels that gas stations should not be allowed in small neighborhoods.  Mr. Calehuff stated he would like to see small communities preserved.

Mr. David Mahaney stated it should be defined as to what a traffic control study will entail.

Mr. Richard Snyder stated with an operation such as High’s provisions should be made for people who walk to the store from the neighborhood.

Motion was made by Commissioner Kilby, seconded by President Bolender, and carried to request the Office of Planning and Zoning to address the items that were suggested by the Planning Commission and the audience and to make the amendment more explicit with more definitions.  In particular, to look at the number of pumps that constitute an accessory, changing the language from “village” to “area”, and to review the pole lighting question.  Commissioner Hepbron is opposed.

Commissioner Hepbron feels the Comprehensive Plan should be followed.  He suggested the establishment of a committee in two years to review the 1990 Comprehensive Land Use Plan..

Mr. Sennstrom described the second amendment – Add New: Article XI, Part IV, Section 245, Historic District, which is incorporated as a part of these minutes.  He stated it is specific to establishing a Historic District Ordinance.  Mr. Sennstrom advised that the Board adopted the Historic Preservation Plan in April, and one of the recommendations was that a Historic District Ordinance be established and an amendment be made to the Zoning Ordinance. 

Mr. Sennstrom further stated the Ordinance is designed as being voluntary on behalf of the property owner.  A property can only be nominated to be designated as a historic site if the owner nominates the property.  It will then be reviewed by the Historic District Commission and the Planning Commission, and they will recommend to this Board.  Only the Board of County Commissioners can designate the property as a Historic District. 

Mr. Sennstrom stated the Ordinance sets up guidelines for the establishment of a Historic District Commission and proposes powers and duties.  The Commission will review permits for exterior renovations and issue certificates of appropriateness.  They can also rescind district designation.

The Planning Commission recommended approval of the amendment.

Mr. Ron Edwards, Chairman of Cecil Historic Trust, applauded the Office of Planning and Zoning and this Board for the work that has been done on this program.  He stated it is very favorable from an economic standpoint.  Mr. Edwards stated in other counties it has increased tourism and real estate values.

Mr. Patrick Ulrich spoke in opposition stating an ordinance cannot be voluntary, and sometime in the future it will become mandatory.  He feels it is not needed in the County since the state and federal government currently promote historic sites through tax credits and other incentives.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the amendment as presented.

Mr. Sennstrom read the third amendment – Amend: Article I, Section 4, Right to Farm Ordinance, which is incorporated as a part of these minutes.  The proposal is to add language to existing language in order to create a Right to Farm Ordinance.  It was originated in the Comprehensive Plan and was also recommended by the Ag Task Force. 

Mr. Sennstrom stated the Planning Commission recommended approval of the amendment.

Mr. Harlan Williams spoke in favor of the amendment.  He commented in regard to the disclosure statement, as well as what would constitute a contiguous property.

Mr. Al Miller spoke in favor of the amendment stating it will provide protection against establishment of large hog farms and will provide for the continuation of best management practices on farms.

Ms. Paula Gilley, of the Board of Realtors, spoke in favor of the amendment.  She stated Item 5 needs to be rethought because there is no space for additional information on a recorded plat.  Ms. Gilley also has concerns about enforcement of Item 6. 

Mr. Vance Fields spoke in favor of the amendment stating he feels it will prevent corporate hog farms from coming into the County.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the amendment as presented.

-         PUBLIC HEARING – AMENDMENT TO CODE –

A public hearing was held on the following amendment to the Cecil County Code:  Add New:  Section 258-4 of Article II, Chapter 258 – Historic Property Tax Credit, which is incorporated as a part of these minutes.

Mr. Sennstrom stated the amendment proposes to add language for a tax abatement for properties that are proposed in accordance with Title 9, Section 204, of the Tax-Property Article of the Annotated Code of Maryland.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the amendment as presented.

-         PROGRAM OPEN SPACE PROJECT – NORTH EAST COMMUNITY PK. –

Mr. Ed Slicer, Parks and Recreation Manager,  and Mrs. Melissa Cook-MacKenzie , Town Administrator of North East, appeared and presented a Program Open Space project for North East Community Park – Upper Bay Museum Walkway.    Mr. Slicer  stated the request is to obtain funding for improvement of facilities near the Museum.  About a year ago, flooding damage was done to the structure. 

The total cost of the project is $309,502.00 with $72,000.00 being requested from Program Open Space.  Mr. Slicer advised that Mrs. Cook-MacKenzie has obtained funds from a number of sources.  The project will include engineering, lamp posts, benches, grading, boardwalk, and bulkhead. 

Mrs. Cook-MacKenzie stated the balance of funding was secured through grants, FEMA, funds that were raised locally, and funds raised by the Museum.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the project as presented.

-         PROGRAM OPEN SPACE PROJECT – CECILTON TOWN PARK –

Mr. Ed Slicer presented a Program Open Space project for continuation of Cecilton Town Park.  The project will include two new ball fields, excavation and turf establishment, and two backstops.  The total cost of the project is $50,000.00 with $37,500 being requested from Program Open Space and $12,500 being provided by the Town of Cecilton. 

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the project as presented.

-         PROGRAM OPEN SPACE PROJECT – ACQUISITION OF  “HEAD OF ELK SPORTS PK.” & ENTRANCE TO ELK LANDING –

Mr. Ed Slicer presented a Program Open Space project for the acquisition of “Head of Elk Sports Park” and the entrance to Elk Landing.  The project is for the acquisition of 10 acres.  The total cost is $890,000.00 and will be funded over a ten-year period. 

Mr. Slicer advised that this acquisition will provide a site for an indoor sports facility which will include an ice rink, field hockey facility, gym, and climbing wall.

The Board advised that they will table this matter until October 3, 2000, since they just received the appraisals and have not had an opportunity to review them.

-         PROGRAM OPEN SPACE PROJECT – ELK LANDING ACQUISITION – INSTALLMENT II –

Mr. Ed Slicer presented a Program Open Space project for Elk Landing Acquisition – Installment II.  He advised that this project is to request funding for the second of five installments for the acquisition of the Elk Landing property.  The cost for this installment is $68,000.00.  The project will include the development of a historic area and extension of Greenways.

Mr. Slicer advised that the project has the support of the Planning Commission and Board of Parks and Recreation. 

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

-         COMMISSIONERS’ COMMENTS –

Commissioner Kilby reported that several people attended the Cecil’s Most Beautiful event to honor a large group of volunteers in the County.  She stated she hopes there will be more nominations next year.

Commissioner Kilby advised that Sunday is Family Day at the Spry farm on Appleton Road.

Commissioner Hepbron reported that he and President Bolender recently attended the Perryville Fire Company banquet.

President Bolender reported that he recently attended a Department of Social Services conference and learned that the number of people on welfare is decreasing.

Also, he advised that he attended the 50^th anniversary of the Elkton Baptist Church and a POW meeting at the VFW.

-         TREASURER’S REPORT –

Mr. Al Wein, County Administrator, presented the Treasurer’s report as of August 31, 2000.  A copy is incorporated as a part of these minutes.

-         PROCLAMATION – CONSTITUTION WK. –

The Board proclaimed September 17-23, 2000, as Constitution Week.

-         PRESENTATION – ELKTON/NEWARK BUS SERVICE –

Mr. Dave Gula, of the Delaware Transit Corporation, appeared to give a presentation on the Elkton/Newark bus service.  He presented a summary of the marketing plan and described the route.  Service will begin at 6:00 a.m. at Singerly Fire Station and will continue until 8:00 p.m.  The bus frequency will be every 40 minutes and will serve as a link between Elkton and Newark.  They hope to assist seniors and people who need to get to their jobs.  There will be three trips from Elkton to the Newark train station.  The service will begin on December 4. 

Mr. Gula further advised that in October the Department of Aging will link with their buses that they operate from Peoples Plaza.

-         ADMINISTRATOR ITEMS –

Mr. Al Wein, County Administrator, advised that the next Board meeting will be on October 3 at 7:00 p.m. in Courtroom 1.

-         PUBLIC COMMENT –

Mr. Roland Wills commented on houses sinking into the ground in Montgomery Oaks and suggested that qualified inspectors be hired in Permits and Inspections.

He also asked who is responsible for making developers do what they are supposed to do.

Mr. Ronald Rae stated he has problems with the waiver of formal bid process.

He also commented on Emergency Services and the Sheriff’s Department stating if they are combined that there be one person who is in charge.

Mrs. Rebecca Demmler inquired about the waiver of formal bid process that is on the agenda for tonight.  Mr. Al Wein responded by stating in order for the formal bid policy to be altered a vote has to occur to waive the formal bidding process.  There was a purchase order for less that $10,000.00; however, the work performed exceeded $10,000.00.  The work was for replacement of box culverts on Ed Moore and Fairview Roads.  A Roads Department employee authorized the work to occur, and the work was performed by W. C. Logan for the sum of $19,920.00.  Mr. Wein advised that the Department of Public Works has instituted safeguards to prevent this from reoccurring.

Mrs. Demmler also suggested that the Board meet on a weekly basis.

Ms. Anita Puglisi, of the Public Advisory Committee of WILMAPCO, commented in support of the transit between New Castle County and Cecil County.

-         PERSONNEL ITEMS –

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

1)     Walter E. Trego, Equipment Operator II in Solid Waste Management, effective September 22, 2000;

2)     Sharon K. Fredriksen, on-call House Manager at the Domestic Violence Shelter;

3)     Brian Bennett, Equipment Operator Trainee in Roads, effective September 28, 2000;

4)     Erin Burley, temporary employee in Parks and Recreation, effective August 17, 2000.

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

1)     Linda N. Coates, Parks and Recreation, Instructor of Native American Camp, to be paid by class registration fees;

2)     Neil D. Wilson, Equipment Operator II, Roads Division, $22,984.00 (Grade 5).

-         GRANT – STATEWIDE SPECIAL TRANSPORTATION ASSISTANCE PROGRAM –

Mr. Al Wein, County Administrator, presented a Mass Transit Administration Fiscal Year 2001 Statewide Special Transportation Assistance Program grant to provide transportation services to elderly persons and/or persons with disabilities.

These funds will be utilized by the Department of Aging for operating costs of approved transportation services.  The net project cost is $194,669 (State funds - $102,082 and local funds - $92,587).

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

-         WAIVER OF FORMAL BID PROCESS  - DPW –

Mr. Al Wein, County Administrator, stated in accordance with Chapter 183, Section 3, Paragraph F, of the Cecil County Code, it is recommended that Invoice Nos. 18861, 18859, and 18856 for culvert replacements performed by W. C. Logan be deemed an emergency.  The total for these invoices equals $19,920.  This work consisted of culvert replacements on Ed Moore Road and Fairview Road.

Mr. Wein advised that the Department of Public Works has instituted safeguards to prevent this from reoccurring.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to deem the work as an emergency.

-         DEED – B. PATRICK & SUZAN F. DOORDAN –

Mr. Matt Carter, of the Department of Public Works, appeared and presented a Deed with B. Patrick Doordan, Jr. and Susan F. Doordan to accept Kermagrin Way in Heron Place into the County road system.

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

-         DEED – RIGHT-OF-WAY – NEW CUT RD. BR. –

Mr. Matt Carter presented a Deed between Ronald N. and Patricia S. Dudkewitz  and this Board for right-of-way acquisition relative to construction of the New Cut Road Bridge. 

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

-         INSP. & MAINT. AGREEMENT – FAIR HILL, L.L.C. –

Mr. Matt Carter presented an Inspection and Maintenance Agreement of Private Stormwater Management Facilities between this Board and Fair Hill, L.L.C.

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the Inspection and Maintenance Agreement of Private Stormwater Management Facilities.

-         BUDGET AMENDMENT NOS. 32-35 –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve Budget Amendment Nos. 32-35.  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