October 7, 2003
Denton,
Maryland
The regularly scheduled meeting of the County Commissioners of Caroline County, Maryland, convened at 9:30 a.m. in the Hearing Room, Courthouse, Denton.
The County Commissioners meeting convened with prayer led by Rev. Sam Cooper, Living Waters Assembly, Denton, followed by the Pledge of Allegiance.
On motion by Mr. Gangemi, the minutes of
September 30, 2003 were approved. Vouchers
#73870 - #74180 were approved for payment.
Commissioners’ Comments:
The Commissioners rescheduled their regularly
scheduled evening meeting on November 25, 2003, to a day meeting, to convene at
9:30 a.m., to in order to conduct their annual legislative meeting with the
state legislative delegation to discuss the Commissioners’ annual
legislative agenda for the 2004 session of the Maryland General Assembly.
The Commissioners met with John Allen and residents
of the Asbury Subdivision to relay to the Commissioners their concern regarding
an on-going codes violation in the subdivision. Those residents represented are as follows: Lenny Nichols, Keith McMahan, Mike Asche,
and Jack Wilcox. Mr. Allen provided
background on the situation stating that he is representative of the residents
of the subdivision in relating his dissatisfaction and apparent lack of
response by the Caroline County Planning and Codes Administration to the codes
violations occurring in their subdivision.
He stated that a property owner is operating an apparent commercial
storage site for vehicles, and has been allowed to operate the operation in an
unmitigated situation. Mr. Allen
expressed concern that the Asbury Subdivision is an upscale residential
community comprised of approximately 30-35 homes on 3 ½ to 10 acres of land
each and the operation of the vehicle storage site has caused an unsightly
blemish. The property owner imports and
exports vehicles in various conditions at all hours of the day and night on everything
from rollbacks to tractor trailer car carriers. There are currently 30-50 vehicles being stored on the property
and the operation appears that the vehicles are “parted out,” and some sold
through the Internet. Mr. Allen also
expressed concern that not only are the vehicles unsightly and a violation of
the County ordinance that no more than two untagged vehicles per property, but
the situation is a potential environmental hazard with fluids leaking onto the
ground and into the nearby estuary which ultimately empties into the Choptank
River. Mr. Allen and well as those
residents represented expressed concern that their calls/complaints to the
Planning and Codes Administration have not yielded action. Mr. Nichols stated that he has called
numerous times in the last 6-8 months, but initially called approximately one
year ago to place his complaint. Mr.
Cawley expressed concern that there appears to be a definite codes violation. Lori Schmick, deputy codes administrator,
who was present, provided information on the situation stating that the
violation is occurring on two parcels of land, owned by two different property
owners, none of whom is the person operating the business. Ms. Schmick advised that the Planning and
Codes Administration has been working on the violation since January 2003. Ms. Schmick explained that Ms. Lewis owns
one parcel in question and Mr. Talisky owns the other parcel in question and
the person placing the vehicles on the properties is Mr. Jones. Ms. Schmick stated that, by law, the
Planning and Codes Administration is required to send a certified violation
letter to the property owner. A
certified letter was sent to Ms. Lewis and a return receipt indicating the
Planning and Codes Administration received her receipt of the letter, however,
the certified letter sent to Mr. Talisky was not signed for and subsequently
returned undeliverable. Ms. Schmick
advised that a codes inspector from the Planning and Codes Administration conducted
a windshield inspection, as by law, the inspectors are unable to enter private
property without a search warrant, and the windshield inspection indicated that
the violations had been corrected in early summer, therefore, the case was
deemed inactive. Ms. Schmick advised
that the recent complaints from the property owners have been turned over to
the County attorney and is awaiting response from him, as the violations are
criminal misdemeanors and it would be the discretion of the State’s Attorney to
prosecute. Ms. Schmick suggested that
the property owners could assist the County is gathering evidence for the case
in documenting through a log system each incident that vehicles are imported or
exported to the properties in question, in order to successfully prove that an
continuous operation is occurring. She
further recommended that the property owners, under the auspices of the
subdivision’s Homeowner’s Association and pursuant to the covenants of the
subdivision, sue the property owners in question civilly, as the operation is
also a violation of the covenants of the subdivision. President Cole inquired of staff as to the status of the update
to the civil infractions ordinance, which the Commissioners expressed a desire
to have complete by year’s end. The
residents in attendance expressed concern as to their having to prosecute the
case personally even though it is a codes enforcement violation. Ms. Schmick advised that a similar codes
violation was occurring in Forest Landing Subdivision and the homeowners in
that subdivision complied and assisted the Planning and Codes Administration in
documenting situations, which led to a successful prosecution in court. Ms. Schmick stated that the situation is
being handled by the State’s Attorney and the County Attorney and have not
heard a recent status on the situation.
Mr. Nichols inquired if the Maryland Department of the Environment may
have the right to enter a private property due to the potential environmental
infraction. The Commissioners
expressed concern and advised that they will be performing a windshield
inspection following the meeting to observe the situation personally. Ms. Schmick reiterated that the Planning
and Codes Administration has “gone has far as they can go” with the violation
and it is not up to the State’s Attorney and the County attorney to deem if
there is ample evidence to prosecute.
Betsey Krempasky, County planner, who was in attendance, stated that a
similar situation was prosecuted successfully, however, the residents assisted
in taking photographs, and keeping a log of dates and times and a video was
taken of the violation. Ms. Krempasky
stated that cars are the most difficult situation to prosecute as they can be
removed quickly. Mr. Nichols and as
well as the residents present expressed concern that the residents are being
asked to “police” such a flagrant violation of the law. Mr. Allen concluded and restated his dire
concern for the numerous unregistered vehicles stored on the properties and the
high potential for groundwater and environmental pollution if the situation is
left to continue any further than today, and urged the Commissioners to make
the situation a priority. The
Commissioners restated their desire to make the complaint a priority as well as
the codes infraction ordinance update, which will impose more strict policies,
procedures and fines for codes enforcement violations.
On motion by Mr. Gangemi, the Commissioners approved
and President Cole signed the National
Flood Insurance Program Community Rating System Annual Recertification, as
presented by Lori Schmick, deputy codes administrator, to enable purchasers in
and outside mapped floodplains to obtain a five percent reduction in the cost
of flood insurance. Ms. Schmick stated
that Caroline County has participated in the voluntary program since 1995,
which is sponsored by the Federal Emergency Management Administration (FEMA).
Following presentation by Carl Scheffel, director, Old
Harfordtown Maritime Center, and on motion by Mr. Gangemi, the
Commissioners approved and President Cole signed a grant acceptance/agreement with the Maryland Department of Natural
Resources, Waterway Improvement Program, in the amount of $42,000, on
behalf of the Old Harford Town Maritime Center, Inc., a non-profit museum, to
be used for improvements to Joppa Wharf Transient Pier including handicap
accessible floating access ramps from the river to the wharf; comfort amenities
station including toilet and shower facilities, electric, trash collection and
landscaping as part of the Joppa Steamboat Wharf Museum and Visitor’s
Center.
President Cole signed, individually, the Caroline County Forest Conservation program
easements, as previously authorized
on a standing basis, for ADBM Landholdings, LLC; and Thomas D. and Judy P.
Steele, as reviewed and approved by County planning staff and the County
attorney.
At 11 a.m., and as authorized by 2000 Md. Code,
State Government, 10-508(a)(1), as amended, the Commissioners, on motion by Mr.
Gangemi and seconded by President Cole, adjourned into closed session as follows: Department of Corrections potential
termination – Charles Cawley, county administrator; Patti Eigenbrode,
personnel and benefits coordinator, Department of Human Resources; Leigh Sands,
executive assistant; and Department of Corrections representatives, Charles L.
Andrew, superintendent and Lt. Joe Green, Corrections Officer IV; Department
of Emergency Medical Services Employee Complaint - Charles Cawley, county
administrator; and Patti Eigenbrode, personnel and benefits coordinator,
Department of Human Resources; and Leigh Sands, executive assistant.
On motion by Mr. Gangemi, and seconded by President
Cole, the meeting reconvened in open
session at 11:30 a.m., and President Cole reported that in closed session, the Commissioners met
with County Administrator Charles Cawley, the Department of Human Resources,
and representatives from the Department of Corrections to discuss a potential
termination of an employee of the department, and on motion by Mr. Gangemi, and
seconded by President Cole, the Commissioners authorized the County
administrator, in his role as personnel administrator for Caroline County, to
proceed with dismissal of the employee, as recommended by the County
attorney. President further reported
that in closed session, the Commissioners met with County Administrator
Charles Cawley, the Department of Human Resources, and the executive assistant
to discuss the complaint from an employee of the EMS department, and on motion
by Mr. Gangemi, and seconded by President Cole, authorized the County
administrator, in his role as personnel administrator for Caroline County, to
offer an opportunity to resign to the individual discussed, as recommended by
the County attorney.
There being no further business, the meeting of the
County Commissioners was adjourned at
11:35 a.m. President Cole and Mr.
Gangemi departed to perform a windshield inspection of the codes violation in
Asbury Subdivision that was previously discussed in the meeting.
Vivian L. Anders
County Commissioners Deputy Clerk