MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

 

February 16, 2010

 

            The Board of County Commissioners for Cecil County met in regular session at the Cecilton Town Hall, 117 W. Main Street, Cecilton, MD.  The following members of the Board were present:

 

            Brian L. Lockhart, President  

            Rebecca J. Demmler, Vice President

            Wayne L. Tome, 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 February 9, 2010 at 10:30 A.M., motion was made by Commissioner Mullin, seconded by Commissioner Tome and unanimously carried pursuant to MD Annotated Code – State Government 10-508 (a) (1) Personnel matters; (7) Consult with counsel to obtain legal advice; (8) Consult with staff, consultants, or other individuals about pending or potential litigation; (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 Demmler, Tome, Hodge and Mullin; H. Norman Wilson, Counsel; Administrator Wein; Director Donna Nichols, Director Scott Flanigan and staff; Director Eric Sennstrom, and representatives from the Farm Museum.  Topics of Discussion:  Personnel Matters; legal matters pertaining to lease with Farm Museum; matters relating to collective bargaining negotiations. Actions Taken:  Discussed next steps regarding wetland issue at Farm Museum property; discussed various personnel matters with Director Nichols; reviewed proposals with respect to retaining representation during General Assembly Session for collective bargaining legislative matters. Meeting adjourned at 1:10 P.M.

 

The Board adjourned into a Closed Session at its work session on February 16, 2010 at 10:10 A.M., motion was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried pursuant to MD Annotated Code – State Government 10-508 (a) (1) Personnel matters; (7) Consult with counsel to obtain legal advice; (9) Conduct collective bargaining negotiations or consider matters that relate to the negotiations; Present: Commissioners Lockhart, Demmler, Tome, Hodge and Mullin; County Administrator Alfred Wein; H. Norman Wilson, Counsel; Director Sennstrom; Director Nichols;  Budget Manager Whiteford.  Topics of Discussion: Personnel Matters; collective bargaining matters. Actions Taken:  Discussed certain reclassification matters; and collective bargaining legislation. Meeting adjourned at 11:00 A.M.

 

The Board adjourned into a Closed Session on February 16, 2010 at 2:00 P.M., motion was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried pursuant to MD Annotated Coded – State Government 10-508 (a) (1) Personnel matters; (7) Consult with counsel to obtain legal advice; 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, Hodge & Mullin; Administrator Wein, H. Norman Wilson, Counsel; Larry Meusel, George Tarr, Steve Proctor and Paul Ellington.  Topics of Discussion:  Interviewed legislative consultant.  Actions Taken:  Directed Administrator Wein to execute engagement agreement with G.S. Proctor & Associates, Inc., by consensus of the Board in accordance with Chapter 183 of the Cecil County Code, specifically 183-4 F and 183-7 and 185-8. Meeting adjourned at 2:45 P.M.

 

 

  The meeting of the Board of County Commissioners for Cecil County, February 16, 2010 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:

 

January 12, 2010 Worksession Minutes

January 12, 2010 Closed Session Minutes

January 19, 2010 Worksession Minutes

January 19, 2010 Closed Session Minutes

February 2, 2010 Worksession Minutes

February 2, 2010 Closed Worksession Minutes

February 2, 2010 Regular Board Meeting Minutes

February 2, 2010 Board of Health Minutes

 

-COMMISSIONERS' COMMENTS-

 

-          PUBLIC COMMENT –

 

Commissioner Demmler – commented about the challenges that the Board will be faced with during this legislative session.

 

Commissioner Hodge – also commented about the problems facing the Board during this session.

 

Commissioner Tome – offered kudos to the Department of Emergency Services and the Department of Public Works and their efforts during the recent storms.

 

-          ACTION ITEMS –

 

-          APPROVAL OF EMERGENCY ACTION ITEMS IN ACCORDANCE WITH CHAPTER 160 OF THE CECIL COUNTY CODE –

 

Motion was made by Commissioner Hodge, seconded by Commissioner Tome and unanimously carried  that two resolutions relating to SB 726 – Collective Bargaining – Representation of Deputy Sheriff's – Arbitration – Referendum and SB 730 – Cecil County Property Tax Rate – Constant Yield Tax Rate shall be deemed emergency in nature pursuant to Chapter 160 and placed on this evenings agenda for introduction and action. 

 

-          RESOLUTION IN OPPOSITION TO – SB 726 & HB 916 – CECIL COUNTY – COLLECTIVE BARGAINING – REPRESENTATION OF DEPUTY SHERIFF'S – ARBITRATION – REFERENDUM -

 

           County Administrator Wein presented a resolution for consideration in opposition to SB 726 and HB 916 entitled "Cecil County – Collective Bargaining – Representation of Deputy Sheriff's – Arbitration – Referendum" introduced and approved by the Cecil County Delegation.

 

Motion to approve the resolution was made by Commissioner Hodge, seconded by Commissioner Tome and carried by a majority vote of 4 – 1.  VOTE:  Lockhart – Y; Demmler – Y; Tome – Y; Hodge – Y; Mullin – N.  A copy of this resolution is attached hereto and incorporated into these minutes.

 

 

-          RESOLUTION IN OPPOSITION TO – SB – 730 & HB 914– CECIL COUNTY PROPERTY TAX RATE – CONSTANT YIELD TAX RATE –

 

            Administrator Wein presented a resolution for consideration in opposition to SB 730 and HB 914 entitled "Cecil County Property Tax Rate – Constant Yield Tax Rate" introduced and approved by the Cecil County Delegation.

 

Motion to approve the resolution was made by Commissioner Demmler, seconded by Commissioner Hodge.

 

Commissioner Demmler commented that the legislation as written if passed would limit the power of the Board of County Commissioners to enforce their budget.

 

Commissioner Hodge commented that the Board is always trying to find ways to save tax dollars and that it is not the business of the delegates in Annapolis to set the tax rate of Cecil County. 

 

The motion was carried by a majority vote of 4-0.  VOTE:  Lockhart – Y; Demmler – Y; Tome – Y; Hodge – Y; Mullin – N.

 

-          ZONING ORDINANCE, TEXT AMENDMENTS, ARTICLE V, PART II, SECTION 67; AMEND ARTICLE V, PART XII, SECTION 153; AMEND ARTICLE V, PART XII, SECTION 154; AND ARTICLE XI, SECTION 197.7 –

 

            Administrator Wein presented the text amendment to the Cecil County Zoning Ordinance relating to the placement of coal combustion by-products in Cecil County rubble landfills, sanitary landfills and general regulations for the development and land use with critical area districts within the county, reversing the previous text amendment approved by the Board of County Commissioners in July, 2008 as presented during a public hearing on February 2, 2010.

 

Motion to approve the text amendment was made by Commissioner Hodge, seconded by Commissioner Lockhart and unanimously carried. A copy of the text amendment is attached hereto and incorporated into these minutes.

 

-          APPOINTMENTS -   

 

Motion was made by Commissioner Demmler, seconded by Commissioner Hodge and unanimously carried to re-appoint Robert Meffley to the Mechanical Code Board for a five-year term to expire on February 15, 2011. 

 

-BUDGET AMENDMENTS NOS.  – 82-93 -     

 

            Motion was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried to approve Budget Amendment Nos. 82-93. 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 March 2, 2010 at 7:00 p.m. at the Chesapeake City Town Hall, Chesapeake City, MD.

 

There being no further business of the County Commissioners, the meeting was adjourned.

 

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