Meeting Minutes

Meeting Minutes
posted: 03/05/10

County Council Meeting Minutes


February 2, 2010

County Council of Dorchester County

Regular Meeting Minutes

February 2, 2010

 

The County Council of Dorchester County met in regular session on February 2, 2010 with the following members present: Present were Jay L. Newcomb, President; Effie M. Elzey Vice President; William V. Nichols; Ricky Travers; and Rick Price. Also present were E. Thomas Merryweather, County Attorney; Jane Baynard, County Manager and Donna Lane, Executive Administrative Specialist.

 

REGULAR SESSION

 

EXECUTIVE SESSION

The Council adjourned from a Regular Session and convened in a closed Executive Session pursuant to State Government Article §10-508(A)(1) to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; and pursuant to §10-508(A)(4) to consider a preliminary matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State.

 

Voting in favor of the closed Executive Session were all present Council members.

 

REGULAR SESSION

 

INVOCATION AND PLEDGE OF ALLEGIANCE

Councilman Price led the invocation and the pledge of allegiance.

 

CALL FOR ADDITIONS OR DELETIONS TO AGENDA

 

The Council acknowledged that since the agenda was published it was amended to include a bid request for the construction of Cell 5 at the Beulah Landfill.

 

At the request of Octavene Saunders, the Council agreed to add to the agenda a community presentation.

 

APPROVAL OF MINUTES-JANUARY 19, 2010

 

The Council approved the minutes for January 19, 2010 as presented.


APPROVAL OF DISBURSEMENTS

The Council approved vouchers as presented.
FINANICAL REPORT: CASH AND INVESTMENTS

Councilman Newcomb reported total cash and investments as $6,560,182.03.

CAPITAL PAYMENT AUTHORIZATIONS-BOARD OF EDUCATION

 

The Council approved the capital payment authorization request of Dr. Frederic Hildenbrand, Superintendent of Schools, in the amount of $55,254.29 from FY 2010 General Funds/PAYGO for costs associated with the School of Technology replacement.  Councilman Price opposed.

 

The Council approved the capital payment authorization request of Dr. Hildenbrand in the amount of $447.82 from the FY 2010 Excise Tax for costs associated with the School of Technology replacement.   Councilman Price opposed.

 

The Council approved the capital payment authorization request of Dr. Hildenbrand  in the amount of $17,572.89 from the FY 2009 Transfer Tax Fund/PAGYO for paving and concrete site work ($1,150), capital expenses relating to HVAC units and the replacement of defective trap primer valves at Maces Lane Middle School($4,697.89) and for windows, walls, floors and doors ($11,725.00).

 

The Council approved the capital payment authorization request of Dr. Hildenbrand in the amount of $46,960.56 from Bonds of 2008 for costs associated with the design of the new School of Technology.  Councilman Price opposed.

 

The Council approved the capital payment authorization request of Dr. Hildenbrand in the amount of $41,752.27 from Transfer Tax Fund/PAYGO 2008 for the replacement of steam traps ($39,415.96) and for the electrical distribution system at the Cambridge South Dorchester High School Complex ($2,336.31)

 

Councilman Travers requested that further clarification be obtained on the frequency of the replacement of the steam traps.

 

The Council approved the capital payment authorization request of Dr. Hildenbrand in the amount of $14,700 from FY 2007 General Funds/PAYGO for costs associated with the design of the School of Technology.

 

EXECUTIVE SESSION SUMMARY

The County Council of Dorchester County convened in an Executive Session at 4:30 p.m. on February 2, 2010 in a closed session at Room 110, County Office Building, 501 Court Lane, Cambridge, Maryland, pursuant to the State Government Article 10-508(A)(1) to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; and pursuant to §10-508(A)(4) to consider a preliminary matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State.

 

Motion made, seconded and carried to conduct a closed session pursuant to the above.  All members of the Council voted in the affirmative to conduct the closed session for the purposes stated above and to discuss the topics listed above.

 

Action taken at the closed session: 1) approved a request from the State’s Attorney to increase compensation for an appointed employee within the existing budget constraints by a 5 to 0 vote; 2) approved a request from Youth Services Director to hire a grant funded temporary employee by a 5 to 0 vote; 3) approved a request from the Warden to promote an individual to Corporal based on an employee resignation by a 5 to 0 vote; 4) discussed items relating to personnel-took no action; 5) received an update from staff on the Dorchester County Technology Park-took no action; 6) received information regarding recovery zone bond allocations-agreed to consider recognition of economic recovery zones in a future open session; 7) received information regarding the potential expansion of a local business-took no action;  8) acknowledged that a public presentation will be made in a future open session meeting regarding an economic development endeavor.

 

The above information is being provided to the public pursuant to and in compliance with Section 10-509(b) and (c) of the State Government Article.

 

REGULAR SESSION

PROCLAMATION-NATIONAL OUTDOOR SHOW MONTH-FEBRUARY 2010

 

The Council presented a proclamation declaring February 2010 as National Outdoor Show Month.  Buddy Oberender, Director of the National Outdoor Show, accepted the proclamation.  He invited the Council to attend the National Outdoor Show which is scheduled for February 26 to February 27, 2010.

 

COMMENDATION-HURLOCK CHRISTMAS PARADE COMMITTEE       

 

The Council presented a commendation to the following members of the Hurlock Christmas Parade Committee: Michelle Murphy, Earl Murphy, Paul Cooper, Sherry Sinclair, Bill Sinclair, Paul Grahe, Linda Grahe, Rosalind Jackson.  Mr. Cooper thanked the members of the County Council, Don Bradley, the former Mayor of the Town of Hurlock and the Hurlock Town Council members for their support for the parade.

 

COMMUNITY PRESENTATION

 

Octavene Saunders and Portia Johnson-Ennals, on behalf of the Cornish, Saunders and Ennals families, presented a certificate of appreciation to Councilman Newcomb for providing food during the Christmas holiday.  Ms. Saunders explained that they and their family members served 62 free dinners on Christmas day to County residents, which included the delivery of 34 of those dinners to individuals who were unable to leave their homes.  She said that although they were asking for only one item, Councilman Newcomb provided them with five side dishes and pies for desert. 

                       

BLACKWATER REVENUE SHARING PAYMENT SUZANNE BAIRD, REFUGE MANAGER                              

 

Suzanne Baird, Refuge Manager, Blackwater Wildlife Refuge, provided the Council with information on the Payment in Lieu of Taxes (PILOT) payment remitted annually to the County on behalf of the U.S. Fish and Wildlife Service for the Federally owned refuge property located in Dorchester County.    She acknowledged that the payment has been declining for several years.  She said that the reason for the decline is that refuge revenue collections have decreased and no additional congressional funding has been allocated to cover the shortfall.  She explained that even though the Refuge Revenue Sharing Act passed in 1935 was amended in 1978 to give the Congress the ability to appropriate funds to offset that shortfall, sufficient funds have not been set aside in the federal budget for this expenditure.   She said that properties owned by the U.S. Fish and Wildlife Service are reassessed every five years to ensure that the payments are based on fair market value but noted that in 2009 individual counties received only 32.5% of the projected payments for their jurisdictions due to lack of funding.

 

The Council thanked Ms. Baird for her presentation.  The Council agreed to send a letter to local legislators asking them for assistance in garnering additional congressional funds to offset the reduction in the payment in lieu of taxes for the Blackwater Wildlife Refuge acreage that is owned by the U.S. Fish and Wildlife Service.

 

FLOOD MITIGATION PLAN-EMERGENCY MANAGEMENT/CONSULTANTS

 

Wayne Robinson, Emergency Management Director, advised Council that County staff has prepared a Flood Mitigation Plan for the County as required by Federal Emergency Management Agency.  He introduced Dr. Michael S. Scott, PHD, of the GIS Cooperative at Salisbury University.  Dr. Scott explained that the purpose of developing a flood mitigation plan is to improve the County and its municipalities’ resistance to floods via mitigation measures that reduce the impact to residents and structures.  He provided a powerpoint presentation on the flood mitigation plan (see attached).    Dr. Scott said that the goals and objectives in developing the plan were as follows: 1) including language to protect properties, critical facilities and existing natural resources and open space within the floodplain and watersheds from flooding; 2) ensuring that new construction and reconstruction is resistant to flood damage; 3) providing motivation to residents to evacuate early; and 4) improving coordination and notification procedures during emergencies.

 

Dr. Scott asked the Council to consider establishing a freeboard requirement for all new construction and significant renovations which will give the County the opportunity to enroll in the Community Rating System (CRS).   He explained that if the County Council elects to participate in CRS County residents will receive discounted flood insurance premium rates.  Mr. Robinson advised that the Council will need to legislatively adopt the freeboard requirement.

 

Steve Dodd, Planning and Zoning Director, and Nick Lyons, Codes Administrator, explained that if a freeboard requirement is implemented new home owners and owners who renovate over 50% of their residence will be required to build their houses to the freeboard requirements.

 

The Council agreed to adopt the proposed Flood Mitigation Plan. The Council acknowledged that the plan will be forwarded to the Federal Emergency Management Agency for final approval.

 

The Council requested that Planning and Zoning staff review information regarding the Community Rating System (CRS) and provide a recommendation as to whether the County should participate in the system.  The Council acknowledged that a freeboard requirement for new construction and significant renovations will have to be implemented if the Council agrees to participate in CRS.  Additionally, the Council acknowledged that participation in the CRS will result in discounted flood insurance premiums for residents, and that will require the Council to adopt local legislation. The Council recognized that the local legislation will also include a freeboarding requirement.

        

FOUNDATION FOR COMMUNITY PARTNERSHIP                                                                                    

Nancy Shockley, Local Management Board Director, noted that at its January 19, 2010 meeting, she submitted to Council recommendations from the Dorchester Community Partnership for Children and Families (formerly Local Management Board) Finance Committee.   She said that at that meeting the Council deferred the Finance Committee’s recommendation to move funds in the amount of $500,000 to the Foundation for Community Partnerships (Foundation) and to place $300,000 in staggered CD’s and requested that a presentation be made by Foundation members regarding how the funds will be utilized.   She said that the Council did approve the Finance Committee’s recommendation to advertise a Request for Proposals for community based programs ($118,887) but took no action on its recommendation to distribute $25,000 to update the Needs Assessments and $8,000 to purchase tele-conference equipment from Juvenile Services. 

 

Ms. Shockley introduced Michael Clark, Executive Director of the Foundation and Executive Director of the Queen Anne’s County Local Management Board.  Mr. Clark

advised that the Foundation was established as a nonprofit organization six years ago.  He acknowledged that Wayne Humphries, President, and Linda Kohler, Chief Financial Officer, were present.

 

Ms. Kohler stated that the Foundation is nationally credited and that its staff manages $1.7 million in funds.  She said that they manage funds for other Local Management Boards in the State, including Calvert County, Caroline County and Queen Anne’s County. 

 

Ms. Kohler explained that there is a onetime fee of $300 to manage funds and that interest of 1.75% must be paid on all fund balances.  She noted that Foundation staff not only assist in investing the funds but also provide assistance in raising additional funds. 

 

The Council agreed to take under advisement the recommendations of the Finance Committee to move reinvestment funds in the amount of $500,000 to the Foundation for Community Partnerships and to place $300,000 in three staggered CD’s (6 month, 12 months and 18 months) of $100,000 each.

 

The Council took no action on the Finance Committee’s recommendation to allocate for distribution between January 2010 and June 2011 $25,000 to update the Needs Assessment and $8,000 to purchase tele-conference equipment from Juvenile Services. 

 

LEGISLATIVE SESSION

 

The Council adjourned into Legislative Session.

 

E. Thomas Merryweather, County Attorney, explained that there eight bills on the agenda for introduction regarding proposed legislation to amend local critical area laws.  He said that the local amendments are based on a series of State critical area laws that were passed during the 2008 Maryland General Assembly Legislative Session which require all local jurisdictions in the State to amend their local critical area laws.   He advised that a committee was formed to draft the required legislation.   He said that the members of the committee are Steve Dodd, Planning and Zoning Director, Chuck Weber, Public Works Director, Elizabeth Hill and Mike Bonsteel, Critical Planner, and himself.  He said that after proposed legislation was drafted it was submitted to State Critical Area Commission staff for review before being placed in final draft form for the Council’s review.  He said that once the legislation is approved by the County Council it will be re-submitted to the Critical Area Commission for its review.

 

INTRODUCTION                                                                                                       

 

The Council introduced AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY, MARYLAND PURSUANT TO THE AUTHORITY OF TITLE 8, SUBTITLE 18, SECTION 8-1808 OF THE ANNOTATED CODE OF MARYLAND TO ADD NEW SECTION 155-38Q TO CHAPTER 155 OF THE DORCHESTER COUNTY CODE ENTITLED “ZONING” TO PROVIDE THAT ANY PERSON INCLUDING A CONTRACTOR, PROPERTY OWNER OR ANY OTHER PERSON WHO COMMITTED, ASSISTED, AUTHORIZED OR PARTICIPATED IN A VIOLATION OF TITLE 8, SUBTITLE 18 OF THE ANNOTATED CODE OF MARYLAND ENTITLED “CHESAPEAKE AND ATLANTIC COASTAL BAYS CRITICAL AREA PROTECTION PROGRAM” OR A VIOLATION OF SECTION 155-38 OF THIS CHAPTER ENTITLED “CRITICAL AREA PROTECTION DISTRICT” SHALL BE GUILTY OF A CIVIL INFRACTION UNDER CHAPTER 147 OF THE DORCHESTER COUNTY CODE, AND PROVIDING FOR A MAXIMUM CIVIL PENALTY OF $10,000.00 FOR SUCH VIOLATION; AND PROVIDING FOR CERTAIN FACTORS TO BE CONSIDERED IN MAKING A CIVIL PENALTY ASSESSMENT, AND PROVIDING THAT THE DIRECTOR OF PLANNING IS AUTHORIZED TO ISSUE CITATIONS FOR SUCH VIOLATIONS AND TO DETERMINE THE AMOUNT OF THE CIVIL PENALTY TO BE ASSESSED, AND TO AUTHORIZE THE DIRECTOR OF PLANNING TO ISSUE WITH THE CITATION FOR CIVIL INFRACTIONS AN ADMINISTRATIVE ABATEMENT ORDER REQUIRING THE OWNER, PROPERTY OWNER OR PERSON TO ABATE OR TO CORRECT A VIOLATION OF SECTION 155-38 OF THIS CHAPTER, ENTITLED “CRITICAL AREA PROTECTION DISTRICT” OR TO CEASE WORK ON OR ACTIVITY BEING PERFORMED IN THE CRITICAL AREA PROTECTION DISTRICT.

 

Mr. Merryweather said that the proposed legislation will add a new section 155-38Q to Chapter 155 of the Dorchester County Code entitled “Zoning” to provide that any person including a contractor, property owner or any other person who committed, assisted, authorized or participated in a violation of Title 8, Subtitle 18 of the Annotated Code of Maryland entitled “Chesapeake and Atlantic Coastal Bays
Critical Area Protection Program” or a violation of Section 155-38 of this Chapter entitled “Critical Area Protection District” shall be guilty of a civil infraction under Chapter 147 of the Dorchester County Code.  He said that it provides a maximum civil penalty of $10,000.00 for such violation. and authorizes the Director of Planning to issue a citation for civil infractions, an administrative abatement order requiring the owner, property owner or person to abate or to correct a violation of section 155-38” or to cease work on or activity being performed in the critical area protection district.

 

The Council agreed to proceed with publication of a public hearing on this matter.

 

INTRODUCTION

 

The Council introduced AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY, MARYLAND PURSUANT TO THE AUTHORITY OF TITLE 8, SUBTITLE 18, SECTION 8-1808 OF THE ANNOTATED CODE OF MARYLAND BY ADDING NEW SECTION 155-8(G) TO CHAPTER 155, OF THE DORCHESTER COUNTY CODE, ENTITLED “ZONING” AND BY AMENDING SECTION 155-21(B) OF CHAPTER 155 OF THE DORCHESTER COUNTY CODE ENTITLED “ZONING” TO PROVIDE THAT NO PERMIT, APPROVAL, VARIANCE OR SPECIAL EXCEPTION FOR ANY PROPERTY LOCATED WITHIN THE CA CRITICAL AREA PROTECTION DISTRICT SHALL BE ISSUED UNLESS THE PERSON SEEKING THE PERMIT, APPROVAL, VARIANCE, OR SPECIAL EXCEPTION HAS FULLY PAID ALL ADMINISTRATIVE, CIVIL, AND CRIMINAL PENALTIES IMPOSED FOR VIOLATIONS FOR THE SUBJECT PROPERTY WITHIN THE CA – CRITICAL AREA PROTECTION DISTRICT, AND HAS PREPARED A RESTORATION OR MITIGATION PLAN APPROVED BY THE COUNTY TO ABATE IMPACTS TO WATER QUALITY OR NATURAL RESOURCES AS A RESULT OF THE VIOLATION; AND HAS PERFORMED THE ABATEMENT MEASURES IN THE APPROVED PLAN IN ACCORDANCE WITH THE COUNTY’S CRITICAL AREA PROGRAM.

 

Mr. Merryweather explained that the proposed bill will add a new Section 155-8(G) to Chapter 155, of the Dorchester County Code, entitled “Zoning” and amend Section 155-21(b) of that chapter to provide that no permit, approval, variance or special exception for any property located within the Critical Area Protection District (CA) shall be issued unless the person seeking the permit, approval, variance, or special exception has fully paid all administrative, civil, and criminal penalties imposed for violations for the subject property within the CA, and has prepared a restoration or mitigation plan approved by the county to abate impacts to water quality or natural resources as a result of the violation; and has performed the abatement measures in the approved plan in accordance with the county’s critical area program.

 

The Council agreed to proceed with publication of a public hearing on this matter.

 

INTRODUCTION

 

The Council introduced AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY, MARYLAND PURSUANT TO THE AUTHORITY OF TITLE 8, SUBTITLE 18, SECTION 8-1808 OF THE ANNOTATED CODE OF MARYLAND TO ADD NEW SECTION 140-55.1 TO ARTICLE XII, ENTITLED CRITICAL AREA PROTECTION OF CHAPTER 140 OF THE DORCHESTER COUNTY CODE ENTITLED SUBDIVISION REGULATIONS TO PROVIDE THAT ANY PERSON INCLUDING A CONTRACTOR, PROPERTY OWNER OR ANY OTHER PERSON WHO COMMITTED, ASSISTED, AUTHORIZED OR PARTICIPATED IN A VIOLATION OF TITLE 8, SUBTITLE 18 OF THE ANNOTATED CODE OF MARYLAND ENTITLED “CHESAPEAKE AND ATLANTIC COASTAL BAYS CRITICAL AREA PROTECTION PROGRAM” OR A VIOLATION OF THIS CHAPTER RELATING TO LAND AND PROPERTY LOCATED IN THE CRITICAL AREA AND REGULATED BY THIS CHAPTER SHALL BE GUILTY OF A CIVIL INFRACTION UNDER CHAPTER 147 OF THE DORCHESTER COUNTY CODE, AND PROVIDING FOR A MAXIMUM CIVIL PENALTY OF $10,000.00 FOR SUCH VIOLATION; AND PROVIDING FOR CERTAIN FACTORS TO BE CONSIDERED IN MAKING A CIVIL PENALTY ASSESSMENT, AND PROVIDING THAT THE DIRECTOR OF PLANNING IS AUTHORIZED TO ISSUE CITATIONS FOR SUCH VIOLATIONS AND TO DETERMINE THE AMOUNT OF THE CIVIL PENALTY TO BE ASSESSED, AND TO AUTHORIZE THE DIRECTOR OF PLANNING TO ISSUE WITH THE CITATION FOR CIVIL INFRACTIONS AN ADMINISTRATIVE ABATEMENT ORDER REQUIRING THE OWNER, PROPERTY OWNER OR PERSON TO ABATE OR TO CORRECT THE CRITICAL AREA VIOLATION UNDER THIS CHAPTER OR TO CEASE WORK OR ACTIVITY BEING PERFORMED IN THE CRITICAL AREA UNDER THIS CHAPTER.

 

Mr. Merryweather explained that the proposed bill will add a new Section 140-55.1 to Article XII, Entitled Critical Area Protection Of Chapter 140 Of the Dorchester County Code entitled “Subdivision Regulations” to provide that any person including a contractor, property owner or any other person who committed, assisted, authorized or participated in a violation of Title 8, Subtitle 18 of the Annotated Code of Maryland Entitled “Chesapeake And Atlantic Coastal Bays Critical Area Protection Programor a violation of this chapter relating to land and property located in the critical area and regulated by this chapter shall be guilty of a civil infraction under Chapter 147 of the  Dorchester County Code.  He said that it will provide for a maximum civil penalty of $10,000.00 for such violation and that certain factors be considered in making a civil penalty assessment.  He noted that it will also authorize the Director of Planning to issue citations for such violations, determine the amount of the civil penalty to be assessed, and issue with the citation for civil infractions an administrative abatement order requiring the owner, property owner or person to abate or to correct the critical area violation or to cease work or activity being performed in the critical area under this chapter.

 

The Council agreed to proceed with publication of a public hearing on this matter.

 

introduction

 

The Council introduced AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY, MARYLAND PURSUANT TO THE AUTHORITY OF TITLE 8, SUBTITLE 18, SECTION 8-1808 OF THE ANNOTATED CODE OF MARYLAND BY ADDING NEW SECTION 140-10.1 TO ARTICLE III OF CHAPTER 140 OF THE DORCHESTER COUNTY CODE ENTITLED “SUBDIVISION REGULATIONS” TO PROVIDE THAT NO PERMIT, APPROVAL, VARIANCE OR SPECIAL EXCEPTION FOR ANY PROPERTY LOCATED WITHIN THE CRITICAL AREA SHALL BE ISSUED UNLESS THE PERSON SEEKING THE PERMIT, APPROVAL, VARIANCE, OR SPECIAL EXCEPTION HAS FULLY PAID ALL ADMINISTRATIVE, CIVIL, AND CRIMINAL PENALTIES IMPOSED FOR VIOLATIONS FOR THE SUBJECT PROPERTY WITHIN THE  CRITICAL AREA, AND HAS PREPARED A RESTORATION OR MITIGATION PLAN APPROVED BY THE COUNTY TO ABATE IMPACTS TO WATER QUALITY OR NATURAL RESOURCES AS A RESULT OF THE VIOLATION; AND HAS PERFORMED THE ABATEMENT MEASURES IN THE APPROVED PLAN IN ACCORDANCE WITH THE COUNTY’S CRITICAL AREA PROGRAM, UNDER THIS CHAPTER.

 

Mr. Merryweather advised that the proposed bill will add a new Section 140-10.1 to Article III Of Chapter 140 of the Dorchester County Code entitled “Subdivision Regulations” to provide that no permit, approval, variance or special exception for any property located within the critical area shall be issued unless the person seeking the permit, approval, variance, or special exception has fully paid all administrative, civil, and criminal penalties imposed for violations for the subject property within the  critical area.  He said that the individual will also have to prepare a restoration or mitigation plan to be approved by the County to abate impacts to water quality or natural resources as a result of the violation, and to perform the abatement measures in the approved plan in accordance with the County’s critical area program, under this chapter.

 

The Council agreed to proceed with publication of a public hearing on this matter.

 


INTRODUCTION

 

The Council introduced AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY, MARYLAND PURSUANT TO THE AUTHORITY OF TITLE 8, SUBTITLE 18, SECTION 8-1808 OF THE ANNOTATED CODE OF MARYLAND BY ADDING NEW SECTION 100-6.1 TO CHAPTER 100, ENTITLED “GRADING, EROSION AND SEDIMENT CONTROL” OF THE DORCHESTER COUNTY CODE, TO PROVIDE THAT NO PERMIT, APPROVAL, VARIANCE OR SPECIAL EXCEPTION FOR ANY PROPERTY LOCATED WITHIN THE CRITICAL AREA SHALL BE ISSUED UNLESS THE PERSON SEEKING THE PERMIT, APPROVAL, VARIANCE, OR SPECIAL EXCEPTION HAS FULLY PAID ALL ADMINISTRATIVE, CIVIL, AND CRIMINAL PENALTIES IMPOSED FOR VIOLATIONS FOR THE SUBJECT PROPERTY WITHIN THE CRITICAL AREA, AND HAS PREPARED A RESTORATION OR MITIGATION PLAN APPROVED BY THE COUNTY TO ABATE IMPACTS TO WATER QUALITY OR NATURAL RESOURCES AS A RESULT OF THE VIOLATION; AND HAS PERFORMED THE ABATEMENT MEASURES IN THE APPROVED PLAN IN ACCORDANCE WITH THE COUNTY’S CRITICAL AREA PROGRAM, UNDER THIS CHAPTER.

 

Mr. Merryweather said the proposed legislation will add a new Section 100-6.1 to Chapter 100, entitled “Grading, Erosion And Sediment Control” of the Dorchester County Code, to provide that no permit, approval, variance or special exception for any property located within the critical area shall be issued unless the person seeking the permit, approval, variance, or special exception has fully paid all administrative, civil, and criminal penalties imposed for violations for the subject property within the critical area.  He said that bill requires the individual to prepare a restoration or mitigation plan to be approved by the County to abate impacts to water quality or natural resources as a result of the violation and to perform the abatement measures in the approved plan in accordance with the County’s critical area program, under this chapter.

 

The Council agreed to proceed with publication of a public hearing on this matter.

 

INTRODUCTION

 

The Council introduced AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY, MARYLAND PURSUANT TO THE AUTHORITY OF TITLE 8, SUBTITLE 18, SECTION 8-1808 OF THE ANNOTATED CODE OF MARYLAND TO ADD NEW SECTION 100-14.1 TO CHAPTER 100 OF THE DORCHESTER COUNTY CODE, ENTITLED “GRADING, EROSION AND SEDIMENT CONTROL”, TO PROVIDE THAT ANY PERSON INCLUDING A CONTRACTOR, PROPERTY OWNER OR ANY OTHER PERSON WHO COMMITTED, ASSISTED, AUTHORIZED OR PARTICIPATED IN A VIOLATION OF TITLE 8, SUBTITLE 18 OF THE ANNOTATED CODE OF MARYLAND ENTITLED “CHESAPEAKE AND ATLANTIC COASTAL BAYS CRITICAL AREA PROTECTION PROGRAM” OR A VIOLATION OF THIS CHAPTER RELATING TO LAND AND PROPERTY LOCATED IN THE CRITICAL AREA AND REGULATED BY THIS CHAPTER SHALL BE GUILTY OF A CIVIL INFRACTION UNDER CHAPTER 147 OF THE DORCHESTER COUNTY CODE, AND PROVIDING FOR A MAXIMUM CIVIL PENALTY OF $10,000.00 FOR SUCH VIOLATION; AND PROVIDING FOR CERTAIN FACTORS TO BE CONSIDERED IN MAKING A CIVIL PENALTY ASSESSMENT, AND PROVIDING THAT THE DIRECTOR OF THE DORCHESTER COUNTY DEPARTMENT OF PUBLIC WORKS IS AUTHORIZED TO ISSUE CITATIONS FOR SUCH VIOLATIONS AND TO DETERMINE THE AMOUNT OF THE CIVIL PENALTY TO BE ASSESSED, AND TO AUTHORIZE THE DIRECTOR OF THE DORCHESTER COUNTY DEPARTMENT OF PUBLIC WORKS TO ISSUE WITH THE CITATION FOR CIVIL INFRACTIONS AN ADMINISTRATIVE ABATEMENT ORDER REQUIRING THE OWNER, PROPERTY OWNER OR PERSON TO ABATE OR TO CORRECT THE CRITICAL AREA VIOLATION UNDER THIS CHAPTER OR TO CEASE WORK OR ACTIVITY BEING PERFORMED IN THE CRITICAL AREA UNDER THIS CHAPTER. 

 

Mr. Merryweather said that this legislation will  add a new Section 100-14.1 to Chapter 100 of the Dorchester County Code, entitled “Grading, Erosion And Sediment Control”, to provide that any person including a contractor, property owner or any other person who committed, assisted, authorized or participated in a violation of Title 8, Subtitle 18 of the Annotated Code Of Maryland entitled “Chesapeake And Atlantic Coastal Bays Critical Area Protection Program” or a violation of this chapter relating to land and property located in the critical area and regulated by this chapter shall be guilty of a civil infraction under chapter 147 of the Dorchester County Code.  He said that it provides for a maximum civil penalty of $10,000.00 for such violation and for certain factors to be considered in making a civil penalty assessment.  He explained that it also authorizes the Director of the Dorchester County Department of Public Works to issue citations for such violations, to determine the amount of the civil penalty to be assessed, and to issue with the citation for civil infractions an administrative abatement order requiring the owner, property owner or person to abate or to correct the critical area violation under this chapter or to cease work or activity being performed in the critical area under this chapter. 

 

The Council agreed to proceed with publication of a public hearing on this matter.

 

INTRODUCTION

 

AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY, MARYLAND PURSUANT TO THE AUTHORITY OF TITLE 8, SUBTITLE 18, SECTION 8-1808 OF THE ANNOTATED CODE OF MARYLAND TO ADD NEW SECTION 97-10.1 TO CHAPTER 97 OF THE DORCHESTER COUNTY CODE, ENTITLED “FORESTRY”, TO PROVIDE THAT ANY PERSON INCLUDING A CONTRACTOR, PROPERTY OWNER OR ANY OTHER PERSON WHO COMMITTED, ASSISTED, AUTHORIZED OR PARTICIPATED IN A VIOLATION OF TITLE 8, SUBTITLE 18 OF THE ANNOTATED CODE OF MARYLAND ENTITLED “CHESAPEAKE AND ATLANTIC COASTAL BAYS CRITICAL AREA PROTECTION PROGRAM” OR A VIOLATION OF THIS CHAPTER RELATING TO LAND AND PROPERTY LOCATED IN THE CRITICAL AREA AND REGULATED BY THIS CHAPTER SHALL BE GUILTY OF A CIVIL INFRACTION UNDER CHAPTER 147 OF THE DORCHESTER COUNTY CODE, AND PROVIDING FOR A MAXIMUM CIVIL PENALTY OF $10,000.00 FOR SUCH VIOLATION; AND PROVIDING FOR CERTAIN FACTORS TO BE CONSIDERED IN MAKING A CIVIL PENALTY ASSESSMENT, AND PROVIDING THAT THE DIRECTOR OF THE DORCHESTER COUNTY DEPARTMENT OF PUBLIC WORKS IS AUTHORIZED TO ISSUE CITATIONS FOR SUCH VIOLATIONS AND TO DETERMINE THE AMOUNT OF THE CIVIL PENALTY TO BE ASSESSED, AND TO AUTHORIZE THE DIRECTOR OF THE DORCHESTER COUNTY DEPARTMENT OF PUBLIC WORKS TO ISSUE WITH THE CITATION FOR CIVIL INFRACTIONS AN ADMINISTRATIVE ABATEMENT ORDER REQUIRING THE OWNER, PROPERTY OWNER OR PERSON TO ABATE OR TO CORRECT THE CRITICAL AREA VIOLATION UNDER THIS CHAPTER OR TO CEASE WORK OR ACTIVITY BEING PERFORMED IN THE CRITICAL AREA UNDER THIS CHAPTER. 

 

Mr.  Merryweather said that the proposed bill will add new section 97-10.1 to Chapter 97 of the Dorchester County Code, Entitled “Forestry”, to provide that any person including a contractor, property owner or any other person who committed, assisted, authorized or participated in a violation of Title 8, Subtitle 18 of the Annotated Code of Maryland entitled “Chesapeake And Atlantic Coastal Bays Critical Area Protection Program” or a violation of this chapter relating to land and property located in the critical area and regulated by this chapter shall be guilty of a civil infraction under Chapter 147 of the Dorchester County Code, and providing for a maximum civil penalty of $10,000.00 for such violation.  He said that the proposed bill provides for certain factors to be considered in making a civil penalty assessment and authorizes the Director of the Dorchester County Department Of Public Works to issue citations for such violations and to determine the amount of the civil penalty to be assessed, and to authorize the director of the Dorchester County Department of Public Works to issue with the citation for civil infractions an administrative abatement order requiring the owner, property owner or person to abate or to correct the critical area violation under this chapter or to cease work or activity being performed in the critical area under this chapter.

 

The Council agreed to proceed with publication of a public hearing on this matter.

 

INTRODUCTION

 

AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY, MARYLAND PURSUANT TO THE AUTHORITY OF TITLE 8, SUBTITLE 18, SECTION 8-1808 OF THE ANNOTATED CODE OF MARYLAND BY ADDING NEW SECTION 97-7(E) TO CHAPTER 97 OF THE DORCHESTER COUNTY CODE ENTITLED “FORESTRY”, TO PROVIDE THAT NO PERMIT, APPROVAL, VARIANCE OR SPECIAL EXCEPTION FOR ANY PROPERTY LOCATED WITHIN THE CRITICAL AREA SHALL BE ISSUED UNLESS THE PERSON SEEKING THE PERMIT, APPROVAL, VARIANCE, OR SPECIAL EXCEPTION HAS FULLY PAID ALL ADMINISTRATIVE, CIVIL, AND CRIMINAL PENALTIES IMPOSED FOR VIOLATIONS FOR THE SUBJECT PROPERTY WITHIN THE CRITICAL AREA, AND HAS PREPARED A RESTORATION OR MITIGATION PLAN APPROVED BY THE COUNTY TO ABATE IMPACTS TO WATER QUALITY OR NATURAL RESOURCES AS A RESULT OF THE VIOLATION; AND HAS PERFORMED THE ABATEMENT MEASURES IN THE APPROVED PLAN IN ACCORDANCE WITH THE COUNTY’S CRITICAL AREA PROGRAM, UNDER THIS CHAPTER.

 

Mr. Merryweather advised that the proposed bill will add a new section 97-7(e) to Chapter 97 of the Dorchester County Code Entitled “Forestry”, to provide that no permit, approval, variance or special exception for any property located within the critical area shall be issued unless the person seeking the permit, approval, variance, or special exception has fully paid all administrative, civil, and criminal penalties imposed for violations for the subject property within the critical area.  He said that the individual will also be required to prepare a restoration or mitigation plan approved by the county to abate impacts to water quality or natural resources as a result of the violation; and perform abatement measures in the approved p