Board of County Commissioners

MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

June 15, 2010

The Board of County Commissioners for Cecil County met in regular session at the Cecil County Administration 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, 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 June 8, 2010 at 10:30 a.m. Motion was made by Commissioner Mullin, seconded by Commissioner Demmler, and unanimously carried pursuant to MD Annotated Code – State Government 10-508 (a) (1) Personnel matters; and (7) Consult with counsel to obtain legal advice. Present: Commissioners Lockhart, Demmler, Hodge, and Mullin; Administrator Wein; Director Flanigan; and Counsel Wilson. Topics of Discussion: Franchise for water services between the Board of County Commissioners and Artesian Water, Maryland, Inc.; SPCA annual contract; and Local Development Council appointments discussion. . Actions Taken: Agreed with Counsel's recommendation for definition of service area in Franchise Agreement for water services with Artesian Water, Maryland, Inc., within Town of Port Deposit; reviewed SPCA contract for FY2011; and discussed proposed composition of Local Development Council. Meeting adjourned at 11:10 A.M.

The Board adjourned into a closed session at its work session on June 15, 2010 at 10:45 a.m. . Motion was made by Commissioner Demmler, seconded by Commissioner Mullin, and unanimously carried pursuant to MD Annotated Code – State Government 10-508 (a) (1) Personnel matters; Present: Commissioners Lockhart, Demmler, Hodge, and Mullin; Administrator Wein; Director Donna Nichols; and Counsel H. Norman Wilson. Topics of Discussion: Request to fill two positions. Actions Taken: Approved Judge Whelan's hiring of a secretary, and approved request to fill position in Facilities Maintenance for maintenance worker. Meeting adjourned at 11:00 A.M.

The Board of County Commissioners for Cecil County met in regular session at the Cecil County Administration Building, 200 Chesapeake Blvd., Elkton, MD.

The meeting of the Board of County Commissioners for Cecil County, June 15, 2010 was called to order by Commissioner Lockhart at 2:00 p.m. and opened with the Pledge of Allegiance.

The following minutes were unanimously approved by the Board.

o   May 18, 2010 Worksession Minutes

o   May 18, 2010 Closed Worksession Minutes –Approved as amended

o   June 1, 2010 Commissioners Meeting

o   June 1, Board of Health Minutes

- COMMISSIONERS COMMENTS –

Commissioner Mullin commented that he hopes everyone is enjoying the start of summer.

Commissioner Demmler commented that she was pleased to see so many people in attendance.

Commissioner Hodge commented that he was pleased to see so many people in attendance as well, and was glad to see so many signed in to speak during public comment. There are many controversial issues and the Commissioners will get through them for the benefit of the whole community.

Commissioner Tome commented that he was glad to see the issue regarding residential sprinkler systems come before the Board.

- TREASURER'S REPORT –

Pamela Howard, Cecil County Treasurer, presented the monthly cash report as of May 31, 2010. A copy of this report is attached hereto and incorporated into these minutes.

- PUBLIC HEARINGS -

- Cecil County Recycling Plan Update, Scott Flanigan, Director of Department of Public Works –

Scott Flanigan, Director of Department of Public Works presented for public hearing the Cecil County Recycling Program. A copy of the Recycling Program is attached hereto and incorporated into these minutes.

The Recycling Program will be placed on the Board's agenda for consideration at the July 20, 2010 meeting.

COMMENTS SUPPORT/OPPOSTION: None

- PUBLIC COMMENT-

Nick Inglisa, Elkton, MD commented on the State of Maryland's International Building Code relative to residential sprinkler systems. He expressed concern for the cost that would be passed to the home owner, as well as concern regarding water issues in the County.
W. Faron Taylor, Whiteford, MD commented on the cost and water use in regards to residential sprinkler systems.
Joe Fisona, Elkton, MD commented on the residential sprinkler systems relative to the importance of safety that they would provide to all citizens and emergency responders in Cecil County.
Jeff Tosi, Baltimore, MD commented that the decision to purchase a residential sprinkler system should be left up to the home buyer.
Dale Brooks, Elkton, MD commented that the residential sprinkler systems should not be mandatory due to the cost.
Chris Pearce, Elkton, MD commented in support of residential sprinkler systems.
Valerie Falcioni, North East, MD commented that residential sprinkler systems should be mandatory in multifamily homes, but should be an option in single family homes.
Kate Benner, Chesapeake City, MD – commented on the fees for unwanted animals in the proposed SPCA contract.
Nancy Schwerzler, Chesapeake City, MD – commented on the SPCA contract and stated that the organization had to layoff an animal control officer who was hired last year at the expense of the SPCA.
Paul S. Wilson, North East, MD – not available for comment

- INTRODUCTORY ITEMS-

- RESOLUTION – SPEED LIMIT ON RIVER BEND PARKWAY-

Clyde Van Dyke, Director of Parks and Recreation introduced a resolution to establish a maximum speed limit of 15 miles per hour for the entire length of River Bend Parkway.

This resolution will be presented to the Board for consideration at the July 20, 2010 regular Board Meeting.

Commissioner Hodge commented that he has received comments that the 15 mile per hour speed limit is too slow, and the matter would be investigated before a decision is made at the next meeting.

- ACTION ITEMS-

- APPOINTMENTS-

Motion to approve the following appointments was made by Commissioner Tome, seconded by Commissioner Hodge, and unanimously carried to approve.

Liquor Board – Tim Snelling; re-appointment for a three-year term to expire on 6/30/2013.
Planning Commission – Wyatt Wallace; re-appointment for a three-year term to expire on 08/01/2013.
Planning Commission – Randy Taylor; new appointment for a three-year term to expire on 8/01/2013.
Board of Appeals – Mark Saunders; re-appointment for a three-year term to expire on 8/15/2013.
Board of Appeals – Bill Jeanes; re-appointment for a three-year term to expire on 8/15/2013.

- FY 2011 CECIL COUNTY ANIMAL CARE AND CONTROL CONTRACT-

Administrator Wein presented the FY2011 Cecil County Animal Care and Control Contract between the Cecil County SPCA, Inc. and Cecil County.

Motion to approve the agreement was made by Commissioner Lockhart, seconded by Commissioner Tome.

- COMMISSIONER COMMENTS-

Commissioner Demmler commented that she would prefer the $25.00 fee for unwanted animals be amended to be determined by the SPCA, but not mandated in the contract.

Commissioner Hodge commented that he would prefer the unwanted animal fee be voluntary and not mandatory in order to keep the cost down for those who are not able to afford the fee.

Commissioner Mullin recommended that the language be amended to state that the unwanted animal fee would be a donation.

Motion to approve the agreement failed by a 2-3 vote; Lockhart-Y, Demmler-N, Mullin-N, Tome-Y, Hodge-N.

Motion made by Commissioner Hodge to amend the language in Section 8 of the agreement to read as a $25.00 "Voluntary donation", rather than a $25.00 "mandatory fee".

Motion to approve the agreement with amended language in Section 8 of the agreement as stated was made by Commissioner Hodge, seconded by Commissioner Mullin, and unanimously carried to approve. A copy of this contract is attached hereto and incorporated into these minutes.

- PORT DEPOSIT WATER FRANCHISE AGREEMENT-

Administrator Wein presented the Port Deposit Water Franchise Agreement with Artesian Water, Maryland, Inc., per Article 67 County Code and pursuant the Article 25 of the Maryland Annotated Code.

- COMMISSIONERS COMMENTS-

Commissioner Demmler read the language of the current service area "All areas lying within the corporate limits of the town as such limits exist on the effective date"

Commissioner Demmler recommended new language to read as follows: "The boundaries of the Town of Port Deposit as now existing or later amended from time to time by Port Deposit, by annexation or otherwise designated within the growth area depicted in the Town's 2009 Port Deposit Comprehensive Plan, and to the extent required by law, as approved by Cecil County but not including any area already receiving water service, as of the Effective date of this agreement, pursuant to an existing franchise awarded by the County."

Commissioner Mullin commented that the Town of Port Deposit completed their 2009 Comprehensive Plan, which maps the growth area of the Town

Commissioner Hodge commented that he would be voting against the amendment for three reasons. First, legal counsel, who drafted the document has recommended against the amendment; second, the County will lose all control relative to the placement of water in the greater Port Deposit area, which may possibly affect growth management; and third, he does not believe it is in the best interest of the County to approve this based on the 2009 Comprehensive Plan.

Motion to approve the agreement with new language was made by Commissioner Tome, seconded by Commissioner Lockhart, and carried by a majority vote (4-1). Lockhart-Y, Demmler-Y, Mullin-Y, Tome-Y, Hodge-N. A copy of this agreement is attached hereto and incorporated into these minutes.

- RESOLUTION TO REVISE THE CECIL COUNTY POLICIES AND PROCEDURES MANUAL-

Donna Nichols, Director of Human Resources presented a resolution relating to modifications to the Cecil County Personnel and Procedure Manual.

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

- COMMISSIONERS COMMENTS-

Commissioner Mullin clarified policy HR006-L.

Commissioner Demmler commented that the Board debated the revisions to the policies and she feels very comfortable with the end results.

Motion carried by a majority vote (4-1). Lockhart-Y, Demmler-Y, Mullin-Y, Tome-N, Hodge-Y. A copy of this resolution is attached hereto and incorporated into these minutes.

- ORDINANCE 2010-03 AMENDMENT TO CHAPTER 200 BUILDING CONSTRUCTION-

Administrator Wein presented Ordinance 2010-03 Amendment to Chapter 200 Building Construction for consideration by the Board.

Motion to approve Ordinance 2010-03 was made by Commissioner Lockhart, seconded by Commissioner Tome.

- COMMISSIONER COMMENTS-

Commissioner Hodge commented that he would oppose the amendment because he has questions that need answered before he can vote in favor of the amendment.

Commissioner Demmler commented that this amendment pertains to new building codes only. When the State updates the building codes, the County is required to comply with the revisions.

Commissioner Mullin requested that the Director of Emergency Services, Richard Brooks comment on the issue.

Richard Brooks, Director of Emergency Services commented that this issue had been debated in the best interest of public safety. As the custodians of public safety, it is their responsibility to follow the new regulations as approved by the International Code Council.

Commissioner Hodge commented that his vote in opposition is not because he is against fire sprinklers in general, however he has questions regarding the process for adopting the new regulations.

Motion carried by a majority vote (4-1) Lockhart-Y, Demmler-Y, Mullin-Y, Tome-Y, Hodge-N. A copy of this ordinance is attached hereto and incorporated into these minutes.

-RESOLUTION-CONDITIONAL LOAN COMMITMENT TO AQUAFIN, INC. FROM THE CECIL COUNTY REVOLVING LOAN FUND-

Roy Clough of Economic Development presented a resolution for a conditional loan agreement from the Ceil County Revolving Loan Fund to Aqua fin, Inc for consideration by the Board.

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

- RESOLUTION-BUSINESS REGULATIONS ARTICLE §17-1006-

Administrator Wein presented the resolution for Business Regulations Article §17-1006 relating to individuals doing business as a junk dealer or scrap metal processor. Article §17-1003 requires that a county or municipal governing body in the county the businesses are licensed in to designate the primary law enforcement agency to enforce regulations.

- DEPARTMENT OF PUBLIC WORKS-

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

- ORDINANCE NO. 2010-02 AMENDMENT TO THE CECIL COUNTY PUBLIC LAWS. CHAPTER 134-COMMERCIAL REFUSE HAULERS; CHAPTER 228 SOLID WASTE DISPOSAL & CHAPTER A279 RECYCLING PLAN-

Upon recommendation of Director Flanigan, motion to approve Ordinance 2010-02, as amended was made by Commissioner Hodge, seconded by Commissioner Mullin.

- COMMISSIONER COMMENTS-

Commissioner Hodge commented that the Board has debated this issue. He stated that money has been spent over the years for many upgrades to the landfill; however, continuing to allow people to dump their trash for free would not pay back the money spent on these upgrades. The Board intends to continue monitoring the decision made today to provide quality service to the residents of Cecil County.

Commissioner Demmler commented that the Board has discussed the revisions in detail, and she feels they have a good final product.

Commissioner Mullin commented that Director Flanigan and staff have done a good job working on a plan to close the deficit at the landfill.

Commissioner Tome commented that he will be voting in opposition to the Ordinance because he feels the revised fees at the landfill will impact those who cannot afford to pay, and the County could have worked with the municipalities on the plan.

Motion was carried by a majority vote (3-1) Lockhart-Abstained, Demmler-Y, Mullin-Y, Tome-N, Hodge-Y. A copy of this ordinance is attached hereto and incorporated into these minutes.

- RESOLUTION-SOLID WASTE DIVISION FEE SCHEDULE-

Director Flanigan presented the resolution in accordance with Chapter 228, Section 5, of the Cecil County Code (Billing and Payment Fees).

Motion to approve the resolution with the amended start date as of August 1, 2010 was made by Commissioner Hodge, seconded by Commissioner Mullin, and was carried by a majority vote (3-1) Lockhart-Abstained, Demmler-Y, Mullin-Y, Tome-N, Hodge-Y. A copy of this ordinance is attached hereto and incorporated into these minutes.

- RESOLUTION-RED TOAD ROAD SPEED LIMIT-

Director Flanigan presented the resolution to change the speed limit on a portion of Red Toad Road from 35 miles per hour to 45 miles per hour as defined in the resolution.

Motion to approve the resolution was made by Commissioner Demmler, seconded by Commissioner Mullin, and unanimously carried to approve. . A copy of this resolution is attached hereto and incorporated into these minutes.

- BID AWARD NO. 10-47-52014 – REPLACEMENT OF BRIDGE NO. CE-0062 ON BLAKE ROAD OVER LITTLE ELK CREEK.

Upon the recommendation of Director Flanigan, motion to award Bid No. 10-47-52014 to Mumford and Miller Concrete, Inc. in the amount of $605,524.75 was made by Commissioner Hodge, seconded by Commissioner Tome and unanimously carried to approve

- BID AWARD NO. 10-50 – DE LA PLAINE MANOR DRAINAGE IMPROVEMENTS-

Upon the recommendation of Director Flanigan, motion to award Bid No. 10-50 to Cecil Construction Corp., in the amount of $212,709.50 was made by Commissioner Hodge, seconded by Commissioner Demmler, and unanimously carried to approve.

- BID AWARD NO. 11-02 – REPLACEMENT OF CULVERTS ON OLD ELK NECK ROAD, JACKSON STATION ROAD AND WOODS ROAD-

Upon the recommendation of Director Flanigan, motion to award Bid No. 11-02 with amendments to only replace culverts on Old Elk Neck Road and Woods Road to Decker Contracting, Inc., in the amount of $214,448.00 was made by Commissioner Hodge, seconded by Commissioner Tome, and unanimously carried to approve.

- BID AWARD NO. 11-017 – PETROLEUM STORAGE TANK SYSTEM MAINTENANCE, REPAIR, TEST & INSPECTION-

Upon the recommendation of Director Flanigan, motion to award Bid No. 11-07 to Commercial Fuel Systems, Inc., in accordance with the bid amounts listed on their bid sheets was made by Commissioner Hodge, seconded by Commissioner Mullin, and unanimously carried to approve.

- BID AWARD NO.11-06 – TRUCK CONVERSION

Upon the recommendation of Director Flanigan, motion to award Bid No. 11-06 to Ayers Welding and Fabrication, Inc., in the amount of $35,950.00 was made by Commissioner Tome, seconded by Commissioner by Demmler.

- COMMISSIONERS COMMENTS-

Commissioner Hodge commented that he is not in favor of the truck conversion plan. .

Motion was carried by a majority vote (4-1) Lockhart-Y, Demmler-Y, Mullin-Y, Tome-Y, Hodge-N.

- OPTION CONTRACT AND ENRTY AGREEMENT- PROPERTY OF LAWRENCE D. LENT & MICHELE W. LENT, THOMAS L. FOARD, III SUCCESSOR, TRUSTEE TO THE REVOCABLE TRUST OF THOMAS L. FOARD, JR. & THOMAS L. FOARD, IV., LEE B. DAVIS, PEARL W. GUZMAN & VIRIE BROWN TENANTS IN COMMON- REPLACEMENT OF KNIGHTS CORNER ROAD BRIDGE.

Upon the recommendation of Director Flanigan, motion to approve the option contract and entry agreement for the replacement of Knights Corner Road Bridge was made by Commissioner Tome, seconded by Commissioner Mullin, and unanimously carried to approve. .

- RFP NO. 11-04-FAMILY SUPPORT SERVICES-

Administrator Wein presented RFP NO. 11-04 Family Support Services for consideration by the Board.

Motion to approve RFP-11-04 was made by Commissioner Tome, seconded by Commissioner Mullin, and unanimously carried to approve.

- BID AWARD# 11-09-CECIL COUNTY SPORTS COMPLEX, BASEBALL FIELD AND MULTI-PURPOSE AREA-

Upon the recommendation of Parks and Recreation Director Van Dyke, motion to approve BID# 11-09 to Lindstorm Excavating Contractors, Inc., in the amount of $208,484.00 was made by Commissioner Demmler, seconded by Commissioner Mullin, and unanimously carried to approve.

- BUDGET AMENDMENTS NOS. 138-152-

Motion to approve Budget Amendments 138-152 was made by Commissioner Demmler, seconded by Commissioner Tome, and unanimously carried to approve. . A Copy of the budget amendments are attached and incorporated into these minutes.

The next regular meeting of the Board of County Commissioners will be on July 20, 2010 at 2:00 p.m. in the Elk Room of the County Administration Bldg., 200 Chesapeake Blvd., Elkton, MD.

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