MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

 

February 3, 2009

 

            The Board of County Commissioners for Cecil County met in regular session at the County Administrative Building, 200 Chesapeake Blvd., Elkton, MD.  The following members of the Board were present:

 

            Brian L. Lockhart, President

            Rebecca J. Demmler, Vice President

            Wayne L. Tome, Sr., Commissioner

            Robert J. Hodge, Commissioner

            James T. Mullin, Commissioner

 

Constituting a full Board.

 

            The Board adjourned into a Closed Session at its work session on January 27, 2009 at 10:30 A.M., motion was made by Commissioner Mullin, seconded by Commissioner Hodge and unanimously carried pursuant to MD Annotated Code - State Government 10-508 (a) (7) consult with counsel to obtain legal advice. Present Commissioners Lockhart Demmler, Tome, Hodge and Mullin; County Administrator Alfred Wein; County Attorney H. Norman Wilson; and Mayor McKnight. Topics of Discussion:  North East Water Service Agreement. Action taken:  Board agreed to allow the Town of North East to provide water serve to several lots in Candlelight Ridge off of Red Toad Road. Closed session adjourned at 11:00 A.M.

           

            The Board adjourned into a Closed Session at its work session on February 3, 2009 at 11:15 A.M., motion was made by Commissioner Mullin, seconded by Commissioner Demmler, and unanimously carried pursuant to State Government, Annotated Code of Maryland 10-508 (a) (1) personnel matters; (4) consider a matter that concerns the proposal for a business to locate in the county; and (7) consult with counsel to obtain legal advice; (9) conduct collective bargaining negotiations or consider matters that relate to the negotiations; and (14) before a contract is awarded or bids are opened, discuss a matter directly related to a negotiating strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process. Present:  Commissioners Lockhart, Demmler, Tome, Mullin & Hodge; Administrator Wein; H. Norman Wilson, County Attorney; Director Eric Sennstrom; Director Vernon Thompson; and Director Scott Flanigan. Topics of Discussion: Port Deposit Waste Water Operations; Collective Bargaining, Fraternal Order of Police; Legal Advice - SPCA.  Action taken:  Correspondence to Fraternal Order of Police, Final Position; SPCA outside agency investigation, periodic monitoring of SPCA facility.

 

            The meeting of the Board of County Commissioners for Cecil County, February 3, 2009 was called to order by Commissioner Lockhart at 7:00 p.m. and opened with the Pledge of Allegiance.

 

            The following minutes were unanimously approved by the Board:

 

December 16, 2008 Closed Session Minutes

December 16, 2008 Worksession Minutes

January 6, 2009 Worksession Minutes

January 6, 2009 Closed Session Minutes

January 13, 2009 Meeting Minutes

January 20, 2009 Meeting Minutes

 

-COMMISSIONERS' COMMENTS-

 

Commissioner Mullin - commented about the Legislative Breakfast that was held on February 2, 2009 and about the unannounced visits that will be conducted at the SPCA.

 

Commissioner Demmler - also commented about the Legislative Breakfast and the meeting that recently took place between the Mayors and the Commissioners and the Comprehensive Plan Review Committee.

 

Commissioner Hodge - commented in reference to the refunding of $5000 from the SPCA for the spay/trap/neuter program that was not initiated.  He also commented about unannounced visits that will be conducted, as well as the selection of the task force. 

 

Commissioner Tome - commented about the letters and emails expressing interest in Charter Board, he stated that the public interest is very much appreciated.

 

Commissioner Lockhart - commented in reference to the Penn National's Video Lottery Terminal application.

 

-          PUBLIC HEARINGS -

-           

-          AMENDMENT TO THE 2004 MASTER WATER & SEWER PLAN, BETHEL SPRINGS, S-1 SERVICE AREA - 

 

Eric Sennstrom, Director of Planning & Zoning presented a request for amendment to the 2004 Master Water & Sewer Plan, Proposed as "S-1" correcting the designation of Bethel Springs, Tax Map 25, parcel 794 as an area served by public sewer ("S-1") designation.

 

The request will be presented to the Board at the February 17, 2009 meeting for consideration.

 

COMMENTS:  SUPPORT/OPPOSITION - None.

 

-          PROGRAM OPEN SPACE- APPLICANT TOWN OF CHARLESTOWN, FAIR GREEN PARK SAFTEY MATTING & ATHLETIC COMPLEX -

 

Clyde Van Dyke, Director, Parks & Recreation presented a request for reimbursement by the Town of Charlestown for two projects within the Town of Charlestown as follows:

 

Fair Green Park safety matting under the swings, total development cost $1,260.75, reimbursement request in the amount of $945.57.

 

Athletic Complex for the installation of a frost-free hose bib behind the softball backstop, total development cost $2,055.98, reimbursement request in the amount of $1,541.99.

 

The requests have been reviewed and recommended for approval by the Board of Parks & Recreation and the Planning Commission.

 

The request will be presented to the Board at the February, 17, 2009 meeting for consideration.

 

COMMENTS:  SUPPORT/OPPOSITION:  None.

 

-          PUBLIC COMMENT -

 

Dina Canzonera, Elkton, MD - commented in reference to the recent allegations at the Cecil County SPCA and urged the Board to cancel their contract.

 

Melanie Bass, Rising Sun, MD - updated the Board on recent incidents that she has encountered with the SPCA since the alleged complaints have surfaced and investigation initiated.

 

Ronald Rae, Elkton, MD - commented in reference to the alleged allegations at the Cecil County SPCA.

 

Tom McWilliams, Elkton, MD - commented about the inclusion of the Cecil County Technical High School in the FY 2010 budget process.

 

Jennifer Barber, Elkton - commented in reference to the formation of the SPCA Task Force and the lack of timely response by the Board.

-          INTRODUCTORY ITEMS -

 

-          MUTAL AID AGREEMENTS BETWEEN THE CECIL COUNTY SHERIFF'S OFFICE AND THE TOWN OF PERRYVILLE -

 

Alfred C. Wein, Jr., County Administrator, presented two mutual aid agreements between the Cecil County Sheriff's Office and the Town of Perryville for assistant in emergency response and motor vehicle law enforcement.

 

This agreement will be presented to the Board for consideration at the February 17, 2009 meeting.

 

-          ACTION ITEMS -

 

-          RESOLUTION - AMENDMENT TO LOCAL ENTERPRISE ZONE PROGRAM -

 

Roy Clough, Deputy Director, Economic Development presented for consideration the resolution introduced at the Board's January 20, 2009 meeting excluding all future warehouse and distribution facilities from qualifying for the Cecil County Enterprise Zone property tax credits.

 

Motion to adopt the resolution amending the Local Enterprise Zone was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried to approve.  A copy of the resolution is attached hereto and incorporated into these minutes.

 

-          ORDINANCE - 2009-01 - CECIL COUNTY CODE, CHAPTER 200, SECTION 9 - BUILDING CONSTRUCTION - CONDEMNATION OF UNSAFE STRUCTURES & EQUIPMENT -

 

Patrick Conway, Director, Permits & Inspection presented the ordinance introduced at the Board's January 6, 2009 meeting that upon adoption will provide the county a process for the condemnation of unsafe structures and equipment. 

 

Motion to adopt Ordinance 2009-01 was made by Commissioner Demmler, seconded by Commissioner Hodge and unanimously carried.  A copy of this ordinance is attached hereto and incorporated into these minutes.

 

-          DEPARTMENT OF PUBLIC WORKS -

 

Scott Flanigan, Director of Public Works presented the following items:

 

-          BID NO. 09-14-52636 - INSTALLATION OF TRAFFIC BARRIER MCCAULEY ROAD -

 

Director Flanigan presented Bid No. 09-14-52636 for the installation of a traffic barrier on the McCauley Road Bridge.  This bid was rescheduled from the Board's January 20, 2009 meeting for the purpose of inspection of the project by the Board.  Inspection having taken place, it is the recommendation of the Department of Public Works to award the Bid to George & Lynch, Inc., in the amount of $137,457.00.

 

Motion to table this bid for further review was made by Commissioner Tome, seconded by Commissioner Mullin and unanimously carried.

 

-          BID NO. 09-22 - VINYL SIDING RECYCLING -

 

Upon the recommendation of Mr. Flanigan, motion to award Bid No. 09-22 vinyl siding recycling, to Regency Polymer Services, in the amount of $100 per ton was made by Commissioner Mullin, seconded by Commissioner Tome and unanimously carried.

 

 

 

 

-          BID NO. 09-23 - CRUSH & GRIND CONCRETE AND ASHPHALT -

 

Upon the recommendation of Mr. Flanigan, motion to award Bid No. 09-23 to Rubble Bee Recycling & Demolition, LLC as specified in the bid package was made by Commissioner Mullin, seconded by Commissioner Tome and unanimously carried.

 

-          BID NO. 09-21 - 48 K PROPANE GENERATOR WITH TRANSFER SWITCH -

 

Upon the recommendation of the Purchasing Agent and the Department of Emergency Services, motion to cancel Bid No. 09-21 due to excessive cost was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried.

 

-          BUDGET AMENDMENTS - NOS. 62 - 67 & BOARD OF EDUCATION AMENDMENT -

 

Motion was made by Commissioner Demmler, seconded by Commissioner Lockhart and unanimously carried to approve Budget Amendment Nos.62-67. 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 on February 17, 2009 at 7:00 p.m. at the Cecilton Town Hall, Elkton, MD.

 

There being no further business of the County Commissioners, motion to adjourn was made by Commissioner Mullin, seconded by Commissioner Tome and unanimously carried.

     

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