•        The Agenda is subject to change.               
•                   Town of Sudlersville
• Commission Meeting Agenda
• April 1, 2020
• Call to order           
•  Pledge of Allegiance
•  Approval of previous minutes from meeting February 5, 2020
•  
• Reports
• Fire Company-   
• Sheriff Department          
• Library Report- Included
• MES Report
• Engineer Report
• Planning Commission
• Town Clerk Report- Included in Packet

• Old Business:
• Request from the Betterment club, a letter was drafted and signed by all the commissioners and sent out.
• Audit report- A copy has been posted to the website
•  
• New Business:
  1) Introduction of Noise Ordinance   
•  
• Action Items:
• Public hearing for Ordinance 2020-01 to be voted on.
• Public Comments
• Offer has been made on surplus town property.
•  
• Adjournment

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Due to the recent state of emergency declared by Governor Hogan, and growing concerns with the virus itself, the Commissioners have decided to exercise caution and limit access to the town office and meetings in accordance with State and Federal Guidelines and Requirements. The next commissioners meeting will be held via conference call. Below is the information you need to call in and give public comment. On behalf of all the Commissioners we thank you for your patience and hope you all stay safe and healthy during these unprecedented times.

Public Hearing for Ordinance 2020-01
Wed, Apr 1, 2020 6:30 PM - 7:30 PM (EDT)

Please join my meeting from your computer, tablet or smartphone.
https://global.gotomeeting.com/join/459078285

You can also dial in using your phone.
United States (Toll Free): 1 877 568 4106
United States: +1 (646) 749-3129

Access Code: 459-078-285

New to GoToMeeting? Get the app now and be ready when your first meeting starts:
https://global.gotomeeting.com/install/459078285

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The Planning Commission meeting scheduled for Thursday March 19, 2020 has been cancelled, due to no new business and Covid-19. Everyone stay safe and take care. 

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The Commissioners of Sudlersville

 A Draft of ORDINANCE No. 2019-_05_

AN ORDINANCE concerning Amendments to the Town’s Zoning Ordinance

Title of Ordinance – AN ORDINANCE OF THE TOWN OF SUDLERSVILLE TO AMEND THE SUDLERSVILLE ZONING ORDINANCE TO PROVIDE FOR SAFETY AND DETENTION SERVICES AS A PERMITTED AND PERMITTED WITH CONDITIONS USE WITHIN THE TOWN’S ZONING DISTRICTS.

FOR the purpose of repealing and re-enacting with amendments portions of Article IV of the Zoning Ordinance of the Town of Sudlersville, Maryland (the “Town) to include provisions for safety and civil detention services as a permitted and permitted with conditions within the Town’s zoning districts.

RECITALS

WHEREAS,  the Local Government Article of the Annotated Code of Maryland, and Section 3-1- (b) (56) of the Charter of the Town of Sudlersville grant the Commissioners of Sudlersville the power to exercise planning and zoning authority and to enact ordinances in that regard; and

WHEREAS, the Town’s Zoning Ordinance provides that the Town Commissioners may from time to time amend, supplement, change, modify, or repeal the Ordinance; and

WHEREAS, that such amendment, supplement, or change may be initiated by motion of the Town Commissioners; and

WHEREAS, on _______________________ the Town Planning Commission reviewed and recommended that such changes be adopted by the Commissioners.

NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Commissioners of Sudlersville that:

            SECTION 1.   That item “L” of Section 4.4 “Public, civic, and institutional use category” of Article IV of the Sudlersville Zoning Ordinance be Repealed, and Re-Enacted as Amended to read as follows:

            “L.       Safety services – Facilities provided by the town, state or federal government, OR PRIVATE ENTITY, that provide fire, police, [or] life protection, OR CIVIL (NONCRIMINAL) DETENTION SERVICES THAT DETAIN IN COORDINATION WITH A GOVERNMENT AGENCY ONLY INDIVIDUALS WITH CIVIL OFFENSES (DETENTION SERVICES DO NOT INCLUDE DENTENTION FACILITIES OR PRISONS HOLDING CRIMINAL DEFENDANTS AWAITING TRIAL OR INDIVIDUALS SERVING A CRIMINAL SENTENCE) together with incidental storage and maintenance of necessary vehicles.  Typical uses include fire stations and police stations.”

Capitalized indicates proposed language to be added to the Zoning Ordinance.  [Strike through in brackets] indicates proposed language to be deleted.

            SECTION 2.   That the item titled “Fire or Rescue Service” contained in the “PUBLIC, CIVIC AND INSTITUTIONAL” category of Section 4.12 “Table of Permitted Uses” of Article IV of the Sudlersville Zoning Ordinance be Repealed, and Re-Enacted as Amended to read as follows:   

“ARTICLE IV                                                                       

                                                                                       ZONING DISTRCT

4-12 Table of Permitted Uses.                                      TCC     MU      TR             SF

.

.

.

PUBLIC, CIVIC AND INSTITUTIONAL USES

.

.

.

Fire [or] AND Rescue Services, SAFETY SERVICES    P        C        C                C”

.

Capitalized indicates proposed language to be added to the Zoning Ordinance.  [Strike through in brackets] indicates proposed language to be deleted.

            SECTION 3.   The Recitals to this Ordinance are incorporated herein and deemed a substantive part of this Ordinance. 

            SECTION 4.   In this Ordinance, unless a section of the code is expressly repealed in its entirety and reenacted, new or added language is in Capital letters, and deleted text is crossed out and enclosed in brackets.  Substantive language added after the date of introduction is in bold, italicized font and substantive language deleted after the date of introduction is crossed out with a double strikethrough.  

            SECTION 5.   All ordinances or parts of ordinances of the Town inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency.

            SECTION 6.   The title of this Ordinance, or a condensed version thereof, shall be deemed to be, and is, a fair summary of this Ordinance for publication and all other purposes.

            SECTION 7.   This Ordinance shall take effect immediately with passage according to law, but in no event shall this Ordinance take effect until 10 days after the date of the public hearing as identified below.

This Ordinance was introduced at a public meeting of the Commissioners of Sudlersville, held on the _____ day of __________, 20__ and a public hearing was held on the _____ day of ________, 20__ and having been reviewed and considered for final action, was duly passed on the _____ day of _________________, 20____.

THE COMMISSIONERS OF SUDLERSVILLE

____________________________________

 Ronald W. Ford, President                                    

ATTEST:

                                                                        ____________________________________

______________________________            Charles Leager, Commissioner

Elizabeth Hussein, Town Manager                                                                                                        

                                                                        ____________________________________

Carrie Comegys, Commissioner                        

                                                                                                                                                                                                                                         ____________________________________

                                                                        David Ruffner, Commissioner                        

                                                                            ____________________________________

                                                                        Larry Leonard, Commissioner

Approved as to form:

 Thomas Yeager, Town Attorney

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 A Draft of ORDINANCE No. 2020-01

AN ORDINANCE concerning Amendments to the Town’s Zoning Ordinance

Title of Ordinance – AN ORDINANCE OF THE TOWN OF SUDLERSVILLE TO AMEND THE SUDLERSVILLE ZONING ORDINANCE TO BETTER DESCRIBE THE TYPES OF USES THAT FALL UNDER THE “OUTDOOR RECREATIONAL FACILITY” CATEGORY AND THOSE THAT FALL UNDER THE “OUTDOOR COMMERCIAL AMUSEMENT, INDOOR ARCADE” CATEGORY.

FOR the purpose of repealing and re-enacting with amendments portions of Article IV of the Zoning Ordinance of the Town of Sudlersville, Maryland (the “Town) to better describe the types of uses that fall under the Outdoor Recreational Facility category and those that fall under the Outdoor Commercial Amusement, Indoor Arcade category.

RECITALS

WHEREAS,  the Local Government Article of the Annotated Code of Maryland, and Section 3-1- (b) (56) of the Charter of the Town of Sudlersville grant the Commissioners of Sudlersville the power to exercise planning and zoning authority and to enact ordinances in that regard; and

WHEREAS, the Town’s Zoning Ordinance provides that the Town Commissioners may from time to time amend, supplement, change, modify, or repeal the Ordinance; and

WHEREAS, that such amendment, supplement, or change may be initiated by motion of the Town Commissioners; and

WHEREAS, on ___________________________________the Town Planning Commission reviewed the within amendments recommended that such amendments be adopted by the Commissioners

NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Commissioners of Sudlersville that:

SECTION 1.   That item “C” of Section 4.5 “C” of Article IV of the Sudlersville Zoning Ordinance be Repealed, and Re-Enacted as Amended to read as follows:

            “C.       Assembly and Entertainment – Uses that provide gathering places for participant or spectator recreation, entertainment or other assembly activities.  Assembly and entertainment uses may provide incidental food or beverage service.  [Typical] Outdoor Commercial Amusement, Indoor Arcade uses include, but are not limited to arenas, billiard centers, video game arcades, auditoriums, amusement parks, bowling center, cinemas and theaters.  Outdoor Recreational Facilities include, but are not limited to outdoor sports venues for participation and/or spectators, skateboard and bicycle parks, rallycross tracks and motocross facilities.

Bold and Underlined indicates proposed language to be added to the Zoning Ordinance.  [Strike through in brackets] indicates proposed language to be deleted, if any.

            SECTION 2.   The Recitals to this Ordinance are incorporated herein and deemed a substantive part of this Ordinance. 

            SECTION 3.   In this Ordinance, unless a section of the code is expressly repealed in its entirety and reenacted, new or added language is in Capital letters, and deleted text is crossed out and enclosed in brackets.  Substantive language added after the date of introduction is in bold, italicized font and substantive language deleted after the date of introduction is crossed out with a double strikethrough.  

            SECTION 4.   All ordinances or parts of ordinances of the Town inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency.

            SECTION 5.   The title of this Ordinance, or a condensed version thereof, shall be deemed to be, and is, a fair summary of this Ordinance for publication and all other purposes.

            SECTION 6.   This Ordinance shall take effect immediately with passage according to law, but in no event shall this Ordinance take effect until 10 days after the date of the public hearing as identified below.

This Ordinance was introduced at a public meeting of the Commissioners of Sudlersville, held on the _____th day of __________________, 2020 and a public hearing was held on the ____th day of _______________________, 2020 and having been reviewed and considered for final action, was duly passed on the ___th day of _______________, 2020.

THE COMMISSIONERS OF SUDLERSVILLE

____________________________________

 Ronald W. Ford, President                                    

ATTEST:

                                                                        ____________________________________

______________________________            Charles Leager, Commissioner

, Town Manager                                                                                                         

                                                                        ____________________________________

Carrie Comegys, Commissioner                        

                                                                                                                                                                                                                                         ____________________________________

                                                                        David Ruffner, Commissioner                        

                                                                            ____________________________________

                                                                        Larry Leonard, Commissioner

Approved as to form:

 Thomas Yeager, Town Attorney

      ***************************************************************************************************************************             TOWN OF SUDLERSVILLE
RESOLUTION TO ADOPT RULES OF PROCEDURE
FOR THE TOWN OF SUDLERSVILLE COMMISSION
RESOLUTION 2019 – ¬¬03

BE IT HEREBY RESOLVED BY THE COMMISSIONERS OF SUDLERSVILLE, that the following Rules of Procedure for the Town Commission meetings are hereby established:

I. The order of procedures herein contained shall govern deliberations and the conduct of meetings of the Town Commission.

II. Regular meetings of the Town Commission shall be conducted on the first Wednesday of each month. Meetings shall take place at the Sudlersville Town Hall, unless the Town Commission President designates a different location.

III. Special meetings may be called at any time by the President of the Commission or by three (3) or more members, subject to availability of a quorum and with notice to each member at least forty-eight (48) hours in advance (the requirement of 48 hours will be waived in case of an emergency).

IV. At all meetings of the Commission, a majority of its members shall constitute a quorum for the transaction of business. Votes made at all meetings shall be recorded by the Clerk. No action of the Town Commission, except for filling vacancies of absent members shall be valid or binding unless adopted by the affirmative vote of three (3) or more members of the Commission.

V. All meetings of the Commission shall be presided over by the Commission President, or in his/her absence, by the Commission Vice President; in the absence of both, a President Pro Temp may be appointed by the members in attendance at the meeting.

VI. The Town Clerk shall serve as the Clerk of the Town Commission, or in his/her absence, the Town Administrator. In the absence of both, the Commission shall appoint a Clerk Pro Temp for the official recording of the Commission business at all meetings of the Commission.

VII. The order of business at all meetings of the commission and for those special meetings open to the public, shall be as follows:

(1) Call to order by presiding officer;
(2) Recite pledge of allegiance;
(3) Review and approval of previous meeting minutes;
(4) Presentation of reports by the following:
i. Fire Company report;
ii. Law enforcement report;
iii. Library report;
iv. Water & Sewer report;
v. Engineer report;
vi. Planning Commission report;
vii. Town Administrator report.
(5) Action Items – to include but not limited to public hearings, introduction and adoption of ordinances and resolutions, project presentations, etc.
(6) Public Comment;
(7) Adjournment.

The above order of business may be modified by the President of the Commission in the President’s discretion based on the nature and extent of business and agenda items for any particular meeting.

VIII. No person, not a member of the Commission, shall be allowed to address the Commission while in session, unless such person is a Town official, staff member, or consultant, or unless such person is presenting to the Commission in accordance with an agenda item for such presentation. Public comment on any matter shall be limited to the comment period reserved for interested citizens and to the public discussion period of a Public Hearing. Speakers shall identify themselves by name and property address or affiliation and be allowed 3 minutes to address the Commission. Any person creating an interruption to the Commission meeting while in session will be warned to adhere to the procedures as set forth in this Resolution. A second warning may result in being asked to leave the meeting with the possibility of receipt of a certified letter barring the person from future meetings.

IX. Motions made at any session shall be entered into the official minutes of the meetings kept by the Clerk of the Commission.

X. Motions to reconsider any matter previously resolved by vote shall be entertained only from a Commission member who voted with the majority at the time of the initial decision at the next regular Commission meeting after appropriate notice of the motion to reconsider.

XI. The Clerk shall keep a correct record of all Commission meetings and any vote taken shall record verbatim any dissenting opinion rendered.

XII. All questions of order shall be decided by the presiding officer. Any Commission member may appeal such a procedural ruling to the full Commission for a final ruling. All questions of procedure not provided for in these Rules shall be decided by the Commission at a future meeting with an amendment to this resolution.

XIII. It shall be the duty of each Commission member to vote on all matters put to the Commission; except when a Commission member has a personal or financial interest in the matter, whether direct or indirect, he/she shall recuse from such vote.

XIV. All meetings of the commission, except those exempted by the Maryland Open Meetings Act, shall be conducted publicly, and no ordinance, resolution, rule, regulation, order, or directive shall be adopted at any session except a regular or special meeting that has been property advertised.

XV. A motion to adjourn, or to recess for a stated period of time, shall always be in order and shall be entered by the presiding officer.

XVI. The rules and procedures set forth in this Resolution may be temporarily altered, temporarily amended, or temporarily suspended by the affirmative vote of three (3) or more members of the Commission.

XVII. The Town Administrator or Town Clerk shall forward the Commission meeting agenda, minutes, and all additional documentation prior to the regular Commission meeting for review.

XVIII. An item to be placed on the agenda of a regular meeting of the Town Commission must be received the Town Administrator or Town Clerk in writing by 3:00 PM the Thursday prior to the regular Commission meeting.

XIX. All proposed ordinances shall be in the form required, shall be approved as to form and content by the Town Attorney prior to introduction, and shall be advertised in accordance with the Charter prior to the public hearing.

XX. All regular and special Town Commission meetings shall adjourn no later than 9:00 PM, unless the Commission temporarily suspends this requirement for a particular meeting in accordance with Section 16 of this Resolution

XXI. These rules and procedures shall remain in effect until modified, amended, or repealed by further Resolution of the Commissioners of Sudlersville.

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~~Trash Collection Terms:~~

"Chesapeake Waste shall only be responsible for collecting trash that is contained

in 35 gallon or less trash containers or trash bags.  The containers or bags must be

under the weight of 75 lbs. per container or bag, with the exception of magazines which

shall be collected if tied in a bundle not weighing more than 30 pounds.  No 50 gallon

drums will be collected.  All trash containers shall be placed at curbside.  No loose trash

will be collected."