June 30, 1998
Denton, Maryland
The regularly scheduled meeting of the County Commissioners of Caroline County, Maryland, convened at 9:30 AM in the Commissioners Hearing Room, Courthouse.
Attending:
Margaret R. Myers, President
John S. LeGates, Vice President
John W. Cole, Member
Charles C. Cawley, County Administrator
On motion by Mr. Cole, the minutes of June 23, 1998, were unanimously approved as amended. Vouchers #41169 – 41383 were approved for payment. The biweekly direct payroll was approved for release.
On motion by Mr. Cole, the following contingency fund expenditure was unanimously approved: Best Fence - $703.75 - 25% of the cost of the Cedar Lane Park fence.
On motion by Mr. Cole, the Commissioners unanimously approved and signed an accounting office transfer request to move $146,849.63 from the capital improvement fund to the general fund for specified capital reserve appropriations.
On motion by Mr. LeGates, the Commissioners unanimously approved and signed an accounting office transfer request for the following: $20,000 from the general fund to the LOSAP firemen’s trust fund; $12,000 from the general fund to the 4-H and Youth Park fund.
On motion by Mr. LeGates, the Commissioners unanimously accepted the low bid of MidAtlantic Waste Systems, Inc. in the amount of $19,660 for a compactor and $11,740.50 for containers, project #CC-TC-62398; and rejected all other bids received. President Myers signed purchase order #12096 to THC Enterprises trading as MidAtlantic Waste Systems, in the amount of $31,400.50.
The Commissioners discussed at length with Charles Andrew, jail superintendent, and Marvin MacDonald, purchasing officer, the sole bid received for project #CC-MS-62398, professional medical services for inmates at the Caroline County detention center, and the program as it currently exists. The health department nursing staff has not been able to provide the hours of service needed, and there have been coverage problems in the event of illness, etc., hence the decision to look into privatization. However, the bid from CONMED, Inc. would significantly exceed the cost of an inhouse program consisting of one fulltime nurse, one part-time nurse, a pharmacy contract for necessary medications, and back-up service from Dr. Jensen. Another disadvantage of the sole bid is that service to inmates would be provided by EMT’s rather than nurses. EMT’s are not schooled in treating routine, ongoing types of problems. On motion by Mr. LeGates, and on recommendation of Mr. Andrew, the Commissioners unanimously authorized Mr. Andrew to look into setting up an inhouse program to meet the medical needs of jail inmates, and to report back. On motion by Mr. Cole, and in the best interests of the County, the Commissioners unanimously rejected the sole bid submitted by CONMED, Inc., for project #CC-MS-62398.
On individual motions indicated, the Commissioners unanimously approved and President Myers signed the following purchase orders:
#12371 - $2,165.16 - Mosca Designs – Christmas lights for public grounds/ceremonies from the enterprise account (Cole);
#12372 - $3,618 - IBM - software subscription for the AS 400 (Cole);
#12511 - $3,613.67 - Maryland Sound and Image, Inc. - portable audio recording and sound amplification equipment for hearings and presentations (Cole).
On motion by Mr. LeGates, the Commissioners unanimously approved and President Myers signed Grant Agreement Between the Maryland Department of Agriculture and Caroline County for the Control and Eradication of Noxious Weeds, which provides the County with funds not to exceed $6,000 for administering the program through the public works department through May 31, 1999.
On motion by Mr. Cole, the Commissioners unanimously authorized President Myers to sign Authorization to Write Off Uncollectible Taxes for specified sole proprietors, partnerships and corporations that have been determined by County Treasurer Dorsey Wooters and the County Attorney to be uncollectable. Liens have been filed in the event the businesses reopen.
Betsey Krempasky presented for adoption the Sensitive Areas Plan and ordinances previously considered in public hearing. There was no further discussion, except on Ordinance #98-008, sections of which were re-ordered by Ms. Krempasky for improved readibility. On motion by Mr. Cole, these changes were unanimously approved.
On motion by Mr. LeGates, the Commissioners unanimously adopted and signed the following resolution:
RESOLUTION # 98-008
CAROLINE COUNTY COMPREHENSIVE PLAN UPDATE
SENSITIVE AREAS ELEMENT ADOPTION
WHEREAS, the County Commissioners are empowered by Article 66B of the Annotated Code of Maryland to adopt and amend a Comprehensive Plan; and
WHEREAS, the Caroline County Planning Commission has prepared and approved the Sensitive Areas Element of the Comprehensive Plan and recommended it to the County Commissioners for adoption; and
WHEREAS, the Planning Commission and County Commissioners have each held duly advertised public hearings on this proposed update.
NOW, THEREFORE, IT IS HEREBY RESOLVED THAT:
1. The Sensitive Areas Element of the Caroline County Comprehensive Plan is hereby adopted; and
2. The Sensitive Areas Element is to be included in the 1991 Update of the Comprehensive Plan, and in Caroline 2000, A Comprehensive Planadopted
in 1986.
ADOPTED/EFFECTIVE THIS 30th day of June 1998.
COUNTY COMMISSIONERS OF COUNTY, MARYLAND
* * *
On motion by Mr. LeGates, the Commissioners unanimously approved and signed the following ordinance:
ORDINANCE # 98-006
Enacted On: June 30, 1998
Effective Date: July 1, 1998
AN ACT concerning
CODE OF PUBLIC LOCAL LAWS OF CAROLINE COUNTY
CHAPTER 162, SUBDIVISION OF LAND
FOR the purpose of amending the preliminary and final major subdivision plat requirements to include identification of wetlands, stream buffers and threatened and endangered species.
BY AMENDING Article IV, Major Subdivisions
WHEREAS, the Planning Commission and County Commissioners have held duly advertised public hearings on this proposed amendment.
NOW, THEREFORE, IT IS HEREBY ENACTED AND ORDAINED that the Caroline County Subdivision Regulations, Chapter 162 of the Code of Public Local Laws of Caroline County, Maryland, are hereby amended as follows:
Article IV- Major Subdivisions
162-21 (B)(12). All natural or man-made features that may influence the design of the subdivision SHALL BE INDICATED, including but not limited to, roads, important trees, wooded areas, electric and telephone poles or lines, building structures, water bodies or water courses, marshes, WETLANDS, STREAM BUFFERS, IDENTIFIED THREATENED AND ENDANGERED SPECIES HABITAT and water and sewerage facilitiesCOUNTY COMMISSIONERS OF
CAROLINE COUNTY, MARYLAND
* * *
On motion by Mr. Cole, the Commissioners unanimously approved and signed the following ordinance:
ORDINANCE # 98-007
Enacted On: June 30, 1998
Effective Date: July 1, 1998
AN ACT concerning
CODE OF PUBLIC LOCAL LAWS OF CAROLINE COUNTY
CHAPTER 175, ZONING
FOR the purpose of allowing the Zoning Administrator to require identification of threatened and endangered species and other sensitive areas for construction or development projects, as necessary.
BY AMENDING Article XIV, Site Plans
WHEREAS, the Planning Commission and County Commissioners have held duly advertised public hearings on this proposed amendment.
NOW, THEREFORE, IT IS HEREBY ENACTED AND ORDAINED, that the Caroline County Zoning Ordinance, Chapter 175 of the Code of Public Local Laws of Caroline County, Maryland is hereby amended as follows:
Article XIV- Site Plans
175-60 (J)(5). Such other information as may be required to determine the impact of a particular use on the neighborhood and the environment, INCLUDING, BUT NOT LIMITED, TO WETLANDS, STREAMS, STREAM BUFFERS, AND IDENTIFIED THREATENED AND/OR ENDANGERED SPECIES HABITAT THAT MAY BE AFFECTED BY CONSTRUCTION OR DEVELOPMENT.COUNTY COMMISSIONERS OF
CAROLINE COUNTY, MARYLAND
* * *
On motion by Mr. LeGates, the Commissioners unanimously approved and signed the following ordinance:
ORDINANCE # 98-008
Enacted On: June 30, 1998
Effective Date: July 1, 1998
AN ACT concerning
CODE OF PUBLIC LOCAL LAWS OF CAROLINE COUNTY
CHAPTER 175, ZONING
FOR the purpose of establishing stream buffers for perennial and intermittent streams as identified on the 7 minute United States Geological Survey Topographical Quadrangle Maps.
BY adding to Article II, 175-8 (B) - Definitions
Article V, Supplementary Regulations
WHEREAS, the Planning Commission and County Commissioners have held duly advertised public hearings on this proposed amendment.
NOW, THEREFORE, IT IS HEREBY ENACTED AND ORDAINED, that the Caroline County Zoning Ordinance, Chapter 175 of the Code of Public Local Laws of Caroline County, Maryland is hereby amended as follows:
Article II, 175-8(B). Terms defined
ADD:
STREAM, BUFFER - AN AREA ESTABLISHED OR MANAGED WITH APPROPRIATE VEGETATION TO PROTECT AQUATIC, WETLAND, SHORELINE, AND TERRESTRIAL ENVIRONMENTS BY MINIMIZING MAN-MADE DISTURBANCES.
STREAM, INTERMITTENT - A STREAM IN WHICH SURFACE WATER IS
ABSENT DURING PART OF THE YEAR AS SHOWN ON THE MOST RECENT 7 1/ MINUTE U.S.G.S. TOPOGRAPHIC QUADRANGLE MAPS OR AS DETERMINED BY FIELD VERIFICATION CONFIRMED BY THE NATURAL RESOURCE CONSERVATION SERVICE.
STREAM, PERENNIAL - A STREAM CONTAINING SURFACE WATER THROUGHOUT AN AVERAGE RAINFALL YEAR, AS SHOWN ON THE MOST RECENT 7 1/ MINUTE U.S.G.S. TOPOGRAPHIC QUADRANGLE MAPS OR AS DETERMINED BY FIELD VERIFICATION CONFIRMED BY THE NATURAL RESOURCE CONSERVATION SERVICE.
Article V - Supplementary Regulations
ADD:
175-28.3. STREAMS AND STREAM BUFFERS
THE FOLLOWING REGULATIONS SHALL APPLY TO STREAMS AND STREAM BUFFERS:
A. FOR PERENNIAL STREAMS THERE SHALL BE 100 FOOT STREAM BUFFERS REQUIRED AND FOR INTERMITTENT STREAMS THERE SHALL BE 25 FOOT BUFFERS REQUIRED MEASURED LANDWARD FROM THE EDGE OF EACH SIDE OF THE STREAM.
B. THE BUFFER SHALL BE EXPANDED TO INCLUDE STEEP SLOPES 15% OR GREATER.
C. NO NEW DEVELOPMENT SHALL OCCUR WITHIN A STREAM BUFFER EXCEPT AS PROVIDED BELOW.
D. THE FOLLOWING USES OR ACTIVITIES SHALL BE PERMITTED WITHIN THE STREAM OR STREAM BUFFER:
1. AGRICULTURAL PRACTICES, CONSISTENT WITH AN APPROVED SOIL CONSERVATION AND WATER QUALITY PLAN OR NUTRIENT MANAGEMENT PLAN OR AS APPROVED BY THE NATURAL RESOURCE CONSERVATION SERVICE;
2. MAINTENANCE, CONSTRUCTION AND REPAIRS OF
DRAINAGE DITCHES CONSISTENT WITH APPROVED PLANS
AND PERMITS.
3. TRANSPORTATION FACILITIES (E.G. ROAD CROSSINGS), AND/OR UTILITY TRANSMISSION LINES, WHEN NO PRACTICAL OR FEASIBLE ALTERNATIVE EXISTS FOR LOCATING STRUCTURES OUTSIDE THE STREAM BUFFER, AND THE DISTURBANCES PROPOSED ARE THE MINIMUM NECESSARY FOR SUCH FACILITIES;
4. FORESTRY OR TIMBER HARVESTING, SUBJECT TO AN APPROVED FOREST MANAGEMENT OR TIMBER HARVEST PLAN;
5. APPROPRIATE MAINTENANCE OF VEGETATION.
E. LIMITED CUTTING OR CLEARING OF INDIVIDUAL TREES WITHIN THE STREAM BUFFER SHALL BE PERMITTED AS RECOMMENDED BY THE MARYLAND FOREST SERVICE FOR THE FOLLOWING PURPOSES AND SHALL BE REPLACED AND MAINTAINED ON A ONE TO ONE RATIO:
1. PERSONAL USE, PROVIDED THAT THE BUFFER FUNCTIONS ARE NOT IMPAIRED;
2. TO MAINTAIN THE HEALTH OF INDIVIDUAL TREES;
3. TO PROTECT TREES FROM PESTS OR DISEASE INFESTATION AS APPROVED BY THE MARYLAND FOREST SERVICE.
4. TO PREVENT TREES FROM FALLING INTO AND BLOCKING STREAMS, CAUSING DAMAGE TO STRUCTURES, OR CAUSING ACCELERATED EROSION;
5. TO INSTALL OR CONSTRUCT AN APPROVED SHORE
EROSION PROTECTION DEVICE.
F. THE FOLLOWING USES ARE NOT PERMITTED IN THE STREAM BUFFER UNLESS A VARIANCE IS APPROVED BY THE BOARD OF ZONING APPEALS:
1. ERECTION OF STRUCTURES;
2. CONSTRUCTION OF NEW ROADS, PARKING AREAS OR OTHER IMPERVIOUS SURFACES;
4. CLEARING OF EXISTING NATURAL VEGETATION NOT OTHERWISE PERMITTED BY SECTIONS D OR E ABOVE.
COUNTY COMMISSIONERS OF
CAROLINE COUNTY, MARYLAND
* * *
NOTE: In the above ordinances, BOLD and CAPITALS indicate additions to existing law. STRIKEOUT indicates deletions from existing law.
Following presentation by Betsey Krempasky, County planner, the Commissioners, on motion of Mr. LeGates, unanimously confirmed and endorsed the following twelve areas, and their boundary maps, as "Rural Villages" in Caroline County, having added the village of Williston and the new Choptank Marina parking lot. These villages are indicated on the County Comprehensive Plan Land Use Map and are characterized by single-family residential and commercial development with new development from infill and limited peripheral expansion. The areas are eligible for state priority funding where applicable for new home loans, etc.
Choptank, Tanyard, Harmony, Hobbs, Burrsville, Mt. Zion, Bethlehem,
Jonestown, American Corner, Hickman, Bridgetown, Williston
The Commissioners further discussed the Maryland Division of Parole and Probation’s decision to de-fund Caroline’s community service corrections program, with no prior notice. More information is being obtained, and the Commissioners will pursue the matter. Several neighboring counties were only partially funded and will probably have to close out their programs. Charles Andrew will draft a letter for the Commissioners’ review.
On motion by Mr. Cole, the Commissioners unanimously approved and President Myers signed Mid-Shore Mental Health Systems, Inc., Letter of Agreement reauthorizing MMHS to manage the public mental health system in Caroline County for the period July 1, 1998 – June 30, 1999, utilizing state funds.
As requested by the Planning Commission, and on motion by Mr. LeGates, the Commissioners unanimously reappointed the following persons to the Caroline County Planning Commission for five-year terms: Joseph Weaver, Richard Edwards, John Schmidt.
The Commissioners discussed the Dover Bridge public hearing, and JOK Walsh’s memo on behalf of the Economic Development Commission informing the state that a fixed span of 50 clear feet should replace the current narrow and unreliable swing span. On motion by Mr. Cole, the Commissioners concurred with this assessment and instructed that a letter to the Maryland Department of Transportation be prepared for their signature.
On motion by Mr. LeGates, the Commissioners authorized transfer of a certain portion of the year-end balance in the economic development "other" fund to the Caroline County Historical Society for county tourism development purposes, as requested in the memo of JOK Walsh.
The Commissioners conducted a work session, open to the public, on the education study commission, refined the wording of the commission’s mission, and generally agreed on appointing 9 members who would begin work in September, and produce a report in about 6 months. Staff will draft a newspaper notice inviting candidates to submit their names, and include a proposed revised mission statement.
There being no further notice, the meeting was adjourned by unanimous consent.
Leigh Sands
Executive Assistant