The Board of County Commissioners for Cecil County met in regular session at the County Administrative Building, 107 North Street, Elkton, MD, on Tuesday, March 6, 2007.  The following members of the Board were present:

William C. Manlove, President
Mark H. Guns, Vice President
Rebecca J. Demmler, Commissioner
Brian Lockhart, Commissioner
Wayne L. Tome, Sr., Commissioner

Constituting a full Board.

The Board adjourned into a closed session at its March 6, 2007 morning work session.  Motion was made by Vice President Guns and seconded by Commissioner Lockhart to adjourn to closed session pursuant to State Government Article 10-508 of the Annotated Code of Maryland to discuss personnel matters; property acquisition; obtain legal advice and to discuss contract negotiations;  in accordance with State Government 10-508 (a) (1), (i), (ii) (3) and (14).

The meeting was called to order by Commissioner Manlove at 7:00 p.m. and opened with the Pledge of Allegiance.

The minutes from the February 20, 2007 meeting of the Board of County Commissioners were unanimously approved.

The minutes from the February 6, 2007 Board of Health were unanimously approved.

-COMMISSIONERS' COMMENTS-

 President Manlove - commented about funding sources for the restoration of the Gilpin Falls Covered Bridge.

 Commissioner Tome - commented about the tragic death in his district as a result of carbon monoxide poisoning and encouraged all citizens to take precautions.

 Vice President Guns - commented about the recent article in the Cecil Whig relating to the Gilpin Falls Covered Bridge; the status of the current study, possible funding mechanisms and the support of local groups to preserve this historic structure.  He also commented regarding a tour the Commissioners took with Jim Buckland of Artesian Water; and a possible ordinance relating to gas stations in rural areas of the County.

Commissioner Lockhart - declined comment.

Commissioner Demmler - declined comment.

 -PUBLIC HEARING - TEXT AMENDMENTS - ZONING ORDINANCE-

Add Article V, Park XII, Section 160 - Neighborhood Essential Services

Amend Article V, Part III, Section 71 - Dwelling Manufactured Home Single Wide

Amend Article V, Part III, Section 70 - Dwelling Manufactured Home Double Wide

Amend Article III, Part III, Section 30 - MH  Manufactured Home District

Eric Sennstrom, Director, Planning & Zoning presented the following text amendment to the Cecil County Zoning Ordinance, Article V, Part XII, Section Neighborhood Essential Service as follows:

ARTICLE V, PART XII, Section 160 Neighborhood Essential Services

Neighborhood essential services shall be permitted in all zones provided:

All water and sanitary sewer pump stations, shared water systems, sewage treatment facilities and/or wastewater treatment plants shall be setback a minimum of 200 feet from the nearest property line.  Water conveyance pipes and sewage collection pipes do not need to comply with the setback requirement;

1. A buffer yard meeting the "A" standard of Appendix B shall be provided to screen the facility from all adjoining properties.
2. All water and sanitary sewer pump stations, shared water systems, sewage treatment facilities and/or wastewater treatment plants established in existing communities shall be setback as far from the nearest property line to the greatest extent possible based on existing community constraints.  Water conveyance pipes and sewage collection pipes do not need to comply with the setback requirement.

Director Sennstrom advised that the Planning Commission recommended disapproval of the text amendment and recommended the formation of a committee for review and refinement of the amendment within a period not to exceed three (3) months

COMMENTS IN SUPPORT:

None

COMMENTS IN OPPOSITION:

David Meisken commented relative to no provision for existing projects, logistical problems for the placement of pumping stations, and the design and technology of pump stations.

Vice President Guns made a motion to table the amendment and proceed with the recommendation of the Planning Commission for a review committee to report back within a period of 60 days, and to propose a moratorium on shared water systems until that time.

Director Sennstrom stated that it is conceivable that the review committee would make a recommendation prior to the 90 days that was recommended by the Planning Commission.

Dwight Thomey, County Attorney advised that in order for a moratorium to be initiated, advertised public hearings would need to be held.

Vice President Guns withdrew the motion, and made a new motion to amend as written.

The motion died for lack of a second.

Commissioner Tome made a motion to proceed with the recommendation of the Planning Commission and appoint a review committee for a recommendation within 90 days.  Commissioner Lockhart seconded the motion and the motion was carried unanimously.

Director Sennstrom presented the following text amendments:  Article V, Part II, Section 71. Dwelling - Manufactured Home - Single Wide; Article V, Part III, Section 70 Dwelling - Manufactured Home - Double Wide; Article III Part II, Section 30. MH - Manufactured Home District -

 [Addition]

{Deletion}

ARTICLE V, PART III, SECTION 71. Dwelling - Manufactured Home - Single Wide

A single-wide manufactured home may be permitted as a Special Exception in the NAR, SAR, RR, SR, TR, and DR zones provided that the manufactured home is for an employee of an agricultural operation conducted on the parcel where the manufactured home is located.

1. A single wide manufactured home may be permitted as a Special Exception in the NAR, SAR, RR, SR, TR, and DR zones provided that the Board of Appeals finds that a hardship exists involving a member of the immediate family.  For the purposes of this provision, "immediate family" shall only include a child, grandchild, parent or grandparent, step -child or step-parent.
2. A single wide manufactured home may be permitted as a special exception in the BL, BG, BI, M1, M2 and MEA zones provided that the manufactured home is for the purposes of providing security for a business or industry conducted on the parcel where the manufactured home is to be located.

[4. A single-wide manufactured home may be permitted as a special exception in the MH zone provided that a single wide manufactured home presently exists on the property and provided that the Board of Appeals finds that a hardship exists involving a member of the immediate family.  For the purposes of this provision, "immediate family" shall only include a child, grandchild, parent or grandparent, step-child or step-parent.]

ARTICLE V, PART III, SECTION 70. Dwelling - Manufactured Home - Double-wide

70.5. Double wide manufactured homes may be permitted as a Special Exception in the NAR, SAR, RR, SR, TR, or DR zones, when not on a permanent foundation, [and in the MH zone provided that it is not on a permanent foundation and if a doublewide manufactured home presently exists on the property], provided the Board of Appeals finds that a hardship exists involving a member of the immediate family.

ARTICLE III, PART II, SECTION 30. MH - Manufactured Home District

3.d. Manufactured homes on lots not part of a manufactured home park or a manufactured home subdivision shall be limited to one manufactured home per lot, [unless a special exception is granted by the Board of Appeals] and shall meet the setbacks as specified for detached dwellings in the DR zone.

Director Sennstrom advised that the Planning Commission recommended approval, upon clarification of wording relating to singlewide and doublewide.

COMMENTS/ SUPPORT/OPPOSITION - None

Vice President Guns made a motion to approve with language clarification relating to singlewide and double wide as recommended by the Planning Commission.  The motion was seconded by Commissioner Demmler and unanimously carried to approval.

-PUBLIC HEARING - MARYLAND AGRICULTURAL LAND PRESERVATION APPLICATION - McCAULEY, 125 CARTER'S MILL ROAD -

Director Sennstrom presented an application filed by Robert MCauley, 125 Carter's Mill Road, Elkton for acceptance of his property located on Tax Map 13, Grid 23, Parcel 102, Election District 3, total acreage 60.3, Zoned NAR (Northern Agricultural Residential) into the Maryland Agricultural Land Preservation Fund. 

Having met all applicable criteria of the MALPF, the Planning Commission recommended approval, as did the Agricultural Advisory Board.  Upon approval by the Board, this application will be forwarded to the Maryland State Agriculture Preservation Advisory Board for their recommendation.

COMMENTS/SUPPORT/OPPOSITION:  None

Commissioner Demmler made a motion to approve the application for MALPF filed by Robert McCauley.  The motion was seconded by Commissioner Tome and unanimously carried to approval.

- PUBLIC COMMENT -

Ronald Rae, 4 St. Pat's Circle, Elkton, MD - commented about the restoration of the Gilpin Falls Covered Bridge and stated that the County should not be paying for it.

Marshall Chastain, 212 White Hall Road, Elkton - commented about the speed and traffic on Whitehall Road.

-AGREEMENT WITH LOYOLA SPATIAL SYSTEMS GPS REFERENCE STATION -

County Administrator Wein presented an agreement between Loyola Spatial Systems and Cecil County Government for the installation and operation of a GPS reference station at the Seneca Point Waste Water Treatment Plant owned by the Board and located on Tax Map 35, Parcel 583, in the Fifth Election District.  The installation of this station will benefit the County's geographic information systems (GIS) program and the surveying community in the County.

This agreement will be presented to the Board at the March 20, 2007 meeting for consideration and adoption.

- APPOINTMENTS -

Three appointments were considered by the Board they are as follows:

Board of Appeals - William Dallas to fulfill the term of John Hunter, term expires:          8/0/08

Ethics Commission -     Suzanne Leone for a four-year term to expire 1/1/11

Commission for Women - Chris Dain Ellerton for a three-year term to expire 3/1/10

Motion to approve the aforesaid appointments was made by Commissioner Demmler, seconded by Vice President Guns and unanimously carried to approval.

- RESOLUTION - HB 681 - ENDORSING THE EXTENSION OF COMMUTER RAIL SERVICE IN CECIL COUNTY -

County Administrator Wein presented a resolution for adoption, endorsing the extension of commuter rail service in Cecil County.  This bill will be presented in Annapolis on March 16, 2007.

Motion to approve the resolution endorsing HB 681 was made by Commissioner Tome, seconded by President Manlove and unanimously carried to approval.

-ELK RIVER PHASE II, AMENDMENT I -

Ed Slicer, Parks & Recreation presented an amendment relating to the transfer of funds from the Stoney Run project to the Elk River project, in the amount of $30,000.

Motion was made by Vice President Guns, seconded by Commissioner Manlove and unanimously carried to approve the amendment as presented by Mr. Slicer.

 - CONSENT TO ZONING CHANGE - PROPOSED ANNEXATION OF WATER PLANT - TOWN OF PERRYVILLE -

Director Sennstrom presented a request by the Town of Perryville for the approval of an Annexation Resolution to annex the property presently encumbered by their water treatment plant.  The town's request is to rezone the parcels from the County's Development Residential (DR) zoning district to the Town's Commercial Maritime District (CM-2) upon annexation.

Motion to approve the zoning change was made by Vice President Guns, seconded by Commissioner Tome and unanimously carried to approval.

 -DEPARTMENT OF PUBLIC WORKS -

W. Scott Flanigan, Director of Public Works presented the following items for the Board's consideration:

-BID NO. 07-33 - CONTRACT AWARD HOMEOWNER'S CONVENIENCE CENER -

Upon the recommendation of Mr. Flanigan, motion to approve Bid No. 07-33 for the Homeowner's Convenience Center at the Cecil County Landfill was made by President Manlove, seconded by Commissioner Tome and unanimously carried to award the bid to JJID, Inc., in the amount of 4,673,982.

- EMERGENCY PROCUREMENT  FOR THE LEASE OF DUMP TRUCKS FOR THE SOLID WASTE DIVISION -

Upon the recommendation of Mr. Flanigan, motion was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried to approve the emergency procurement for lease of dump trucks, from Albien Tractors, in the amount of $20,800 for a thirty-day period, for the immediate removal of sediment from a stormwater management pond in North East.     

- BUDGET AMENDMENTS - 93 -  97-

Motion was made by Vice President Guns, seconded by Commissioner Lockhart and unanimously carried to approve Budget Amendments Nos. 93 - 97. A copy of these budget amendments are attached hereto and made part of these minutes.

The next regular meeting of the Board of County Commissioners will be held on Tuesday, March 20, 2007 at 7:00 p.m. at the Chesapeake City Town Hall, Chesapeake City, Md. 

There being no further business of the County Commissioners, the meeting was adjourned.

Alfred C. Wein, Jr.
County Administrator

Approved:
William C. Manlove, President