December 29, 1998

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The Board of County Commissioners of Cecil County met in regular session in Courtroom 3 at the County Office Building, Elkton, Maryland, on Tuesday, December 29, 1998. The following members of the Board were present:

Nelson K. Bolender, President
Phyllis E. Kilby, Commissioner
Harry A. Hepbron, Commissioner

constituting a full Board.

The meeting was called to order by President Bolender at 6:45 p.m. and opened with the Pledge of Allegiance.

- MINUTES – DEC. 22, 1998 –

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the minutes of December 22, 1998, as presented.

- PUBLIC HEARING – AMENDMENT TO ZONING ORD. – INDUSTRIAL AUCTION HOUSE –

A public hearing was held on the following proposed amendment to the Cecil County Zoning Ordinance:

[ADDITION]

ARTICLE II,PART I,SECTION 12, DEFINITIONS OF BASIC TERMS

[Industrial Auction House. An establishment for the public sale of industrial related equipment, including but not limited to trucks, backhoes, bulldozers, tractors, graders, lifts, rollers, compressors, fork lifts, loaders and other construction related equipment to the highest bidder. Accessory uses to the Industrial Auction House may include merchandise display area and equipment refurbishing facilities (including washing, painting, maintenance, repair and sandblasting).]

ARTICLE IV, SECTION 54.4, TABLE OF PERMISSIBLE USES

USES DESCRIPTION ZONES M1 M2

[10.06.100 Industrial Auction Houses P P ]

The public notice was read by the County Administrator, and all witnesses were sworn.

A verbatim transcript of this public hearing was taken by Michelle Carroll, 129 East Main Street, Elkton, MD 21921.

Mr. Eric Sennstrom, Director of Planning, Zoning, Parks and Recreation, advised that this is a text amendment to the Zoning Ordinance, specifically involving Article II, Part I, Section 12 and Article IV, Section 54.4. The definition of "Industrial Auction House" is being added as 10.06.100 in Section 54.4. Mr. Sennstrom stated, if approved, the amendment will allow for industrial auction houses as defined in Section 12 in the Light Industrial M-1 zone and the Heavy Industrial M-2 zone.

Mr. Sennstrom advised that the Planning Commission recommended approval of the amendment. He further advised that this amendment was initiated by the Office of Economic Development. They felt there was a need to have this type of use in the Zoning Ordinance.

Mr. Joe Carabetta asked if there is a proposed business, and Mr. Sennstrom stated the Economic Development Office was approached by someone with this type of business who is interested in locating in the County.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the amendment to the Zoning Ordinance. A copy is incorporated as a part of these minutes.

- COMMISSIONER COMMENTS –

Commissioner Kilby stated the Board is open for invitations to different community groups.

Commissioner Hepbron reported that the Board took a tour of Montgomery Oaks today.

President Bolender wished everyone a Happy New Year.

- REPORT – PLANNING, ZONING, PARKS & RECREATION –

Mr. Eric Sennstrom, Director of Planning, Zoning, Parks and Recreation, appeared to give a report on the activities of his department. He stated the Planning and Zoning Office is responsible for implementing the goals and objectives of the Comprehensive Plan. The main process is through the Zoning Ordinance and Subdivision Regulations. Other areas of responsibility are as follows: act in advisory capacity to Board of Appeals through special exception applications and variance requests, review minor and major subdivisions, review site plan process, issue zoning certificates, implement Critical Area Program, Floodplain Program, and Forest Conservation Program, coordinating agency for Agricultural Land Preservation Foundation, enforce requirements for Zoning Ordinance, administer addressing authority, and act in advisory role to Board of Commissioners and Board of Parks and Recreation.

Mr. Sennstrom advised that he is seeking certification for agricultural preservation through the Maryland Office of Planning.

They have received a grant from MDE to initiate a Well Head Protection Plan. Presently all County systems and a majority of municipal systems receive drinking water from wells. Mr. Sennstrom stated the County has received a grant in the amount of $100,000, which requires $20,000 from the County, to develop a plan to protect well head protection areas.

They have applied for a grant for historic preservation.

Mr. Sennstrom advised that his office is engaged in the rural legacy application process. Two applications have been proposed for Cecil County, one in the southern area and one in the northern area. These will come before the Board for prioritization.

The tax credit Ordinance was approved by the prior Board and will come before this Board for revision.

A text amendment for the Critical Area portion of the Zoning Ordinance pertaining to buffer requirements will be forthcoming.

Mr. Sennstrom advised that the State is engaged in the "Welfare Work" initiative. Monies should be available at the end of April to aid people who need to get to work sites to get off of welfare rolls.

Work will soon begin on the Ten-Year Water and Sewer Plan for the required three-year review.

Mr. Sennstrom advised that he is engaged in the CIP process.

He is also in the process of hiring a Principal Planner.

A representative from the Bureau of Census will appear before the Board regarding preliminary work for the 2000 census.

- ADMINISTRATOR ITEMS –

Mr. Al Wein, County Administrator, explained the status of the B G & E contract. One payment was made by the County on July 24, 1998, in the amount of $176,941.00. Mr. Wein stated he has been in contact with Mr. Frank Wanken, of B G & E, who plans to meet with the Board to further discuss the history and terms of the contract that was executed by the prior Board.

- PUBLIC COMMENT –

Mr. Joe Carabetta asked about the work Transviron did for the County. He spoke in favor of a traffic study stating the intersection of Jackson Station Road and Route 7 is bad. Mr. Carabetta asked Mr. Thomey about his involvement with any legal matters concerning the towns he represents and was advised that independent legal advice will be obtained. He also asked about the status of the rail right-of-way in Rising Sun and was advised that a meeting will be held next month on this matter.

- 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 resignation of Dawn L. Erickson, Van Driver in the Department of Aging, effective January 8, 1999.

Upon recommendation by Ms. Anguish, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the reclassification of the following employees from EMS Medics at $22,089.60, Grade 5, to Paramedics $26,249.60, Grade 7, effective December 19, 1998: Kimberly Dixon, Mark Kane, Robin Carney, Joel Wadkins, Charles Packard, Jr., Dennis Baldwin, John Paolantonio (part-time to $12.62 per hour), and Mitchell Brooks (part-time to $12.62 per hour).

Upon recommendation by Ms. Anguish, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to appoint Sarah E. Pinto as part-time on-call Victim Advocate (grant funded) for the Domestic Violence Program in the Department of Social Services at an hourly rate of $13.88, Grade 8; also, to appoint James R. Heverin as Substitute Van Driver in the Department of Aging at an hourly rate of $8.35.

- BUDGET AMENDMENT NOS. 71-76 –

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve Budget Amendment Nos. 71-76. Copies of the Budget Amendments are incorporated as a part of these minutes.

Mr. Clifton Beck, Mayor of Chesapeake City, commended the Sheriff's Department for their services in regard to the recent ride-by shooting in Chesapeake City.

President Bolender commended the Roads Department for the job they did in clearing the roads during the snow last week.

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to adjourn.

Alfred C. Wein, Jr.
County Administrator

APPROVED:
Nelson K. Bolender, President