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COMMISSIONERS MEETING
July 21, 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:
Rebecca J. Demmler, Vice President Wayne L. Tome, Commissioner Robert J. Hodge, Commissioner James T. Mullin, Commissioner
Constituting a majority Board.
The Board adjourned into a Closed Session at its work session on June 23, 2009 at 11:27 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; (4) consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; (7) consult with counsel to obtain legal advice; (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 and Mullin; Director Eric Sennstrom; Director Scott Flanigan; H. Norman Wilson, Counsel, Craig Whiteford, Budget Manager; Vernon Thompson, Director; Vicky Rinkerman. Topics of Discussion: Personnel matters; Cell 4 qualification of bidders; Port Deposit Wastewater Contract; Video Lottery Terminals – 222//I-95 interchange. Meeting adjourned at 1:02 P.M.
The Board adjourned into a Closed Session at its work session on June 30, 2009 at 9:55 A.M., motion was made by Commissioner Tome, seconded by Commissioner Mullin and unanimously carried pursuant to MD Annotated Code – State Government 10-508 (a) (1) personnel matters; (3) consider the acquisition of real property for a public purpose and matters directly related thereto; (7) consult with counsel to obtain legal advice; and (14) before a contract is awarded or bids are opened, discuss matters 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 Tome, Hodge and Mullin; County Administrator Alfred Wein; Director Eric Sennstrom; Director Scott Flanigan; H. Norman Wilson, Counsel; Vicky Rinkerman. Topics of Discussion: Bainbridge Development Corporation legal matters, postponed to July 21, 2009 meeting; Port Deposit Wastewater Contract; land acquisition adjoining Seneca Point Wastwater Treatment Plant. Meeting adjourned at 10:50 A.M.
The Board adjourned into a Closed Session at its work session on July 7, 2009 at 9:45 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; and (14) before a contract is awarded or bids are opened, discuss matters 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 and Mullin; County Administrator Alfred Wein; Director Eric Sennstrom; Director Scott Flanigan; H. Norman Wilson, Counsel; Director Pat Conway; Director Donna Nichols; and Vicky Rinkerman. Topics of Discussion: Farm Museum lease and development activity; Artesian Contracts – sewer rates; Port Deposit wastewater proposal; personnel matters – request to fill. Actions taken: Send letter to Farm Museum organization to advise them of lease compliance issues. Meeting adjourned at 12:50 P.M.
The Board adjourned into a Closed Session at its work session on July 14, 2009 at 10:00 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; (7) consult with counsel to obtain legal advice; and (14) before a contract is awarded or bids are opened, discuss matters 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 and Mullin; County Administrator Alfred Wein; Director Eric Sennstrom; Director Scott Flanigan; H. Norman Wilson, Counsel; Craig Whiteford, Budget Manager; Director Vernon Thompson; and Vicky Rinkerman. Topics of Discussion: Indian Acres; Port Deposit proposal/contract relating to wastewater; personnel matters – request to fill. Actions taken: Directed Mr. Wein to provide Board feedback to Larry Haislip regarding Port Deposit contract; approved three requests to fill. Meeting adjourned at 11:00 P.M.
The Board adjourned into a Closed Session at its work session on July 21, 2009 at 11:00 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) (7) consult with counsel to obtain legal advice; and (14) before a contract is awarded or bids are opened, discuss matters 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; County Administrator Alfred Wein; Director Eric Sennstrom; Director Scott Flanigan; H. Norman Wilson, Counsel; Director Vernon Thompson; Donna Tapley, Robert Gell; Norman Gaither; Carl Roberts; and Vicky Rinkerman. Topics of Discussion: Bainbridge Development Corporation – legal matters; Port Deposit wastewater proposal; Indian Acres; Group Homes- legal discussion. Meeting adjourned at 12:25 P.M.
The meeting of the Board of County Commissioners for Cecil County, July 21, 2009 was called to order by Commissioner Demmler at 2:00 p.m. and opened with the Pledge of Allegiance.
The following minutes were unanimously approved by the Board:
June 2, 2009 Worksession Minutes June 2, 2009 Closed Worksession Minutes June 9, 2009 Worksession Minutes June 9, 2009 Closed Worksession Minutes June 16, 2009 Regular Board Meeting Minutes June 18, 2009 Bond Hearing Minutes
-COMMISSIONERS' COMMENTS-
Commissioner Mullin – welcomed everyone to the meeting.
Commissioner Tome – welcomed everyone to the meeting.
Commissioner Hodge – welcomed everyone to the meeting and commented about the large attendance.
- TREASURER'S REPORT –
Pamela Howard, Cecil County Treasurer, presented the monthly cash report as of June 30, 2009. A copy of this report is attached hereto and incorporated into these minutes.
- CECIL COUNTY MRA RECYCLING AWARDS –
Scott Flanigan, Director, Pete Bieniek, Chief and Tanya Adams, Recycling Coordinator presented the MRA 2008 MRA Recycling Awards.
- PUBLIC HEARINGS –
- TEXT AMENDMENT, ZONING ORDINANCE – ARTICLE XIX, SECTION 340 –
Eric Sennstrom, Director of Planning & Zoning presented a proposed text amendment to the Cecil County Zoning Ordinance, Article XIX, Section 340 that upon approval will provide new language to the code in an effort to recover costs associated with enforcement actions of the Cecil County Zoning Ordinance as follows: [The persons liable, as defined by Section 338 herein, shall be required to pay any and all fair and reasonable costs and expenses incurred by the County in it enforcement of this Ordinance, including but not limited to, attorneys' fees incurred by the County.]
COMMENTS IN SUPPORT/OPPOSITION:
None.
This text amendment will be placed on the Board of County Commissioners agenda on August 18, 2009 for consideration.
- TEXT AMENDMENT, ZONING ORDINANCE – ARTICLE V, PART III, SECTION 84 - BED & BREAKFAST –
Director Sennstrom presented a proposed text amendment to the Cecil County Zoning Ordinance, Article V, Part III, Section 84 – Bed & Breakfast that would eliminate the requirement that the dwelling for the proposed Bed & Breakfast needed to be in existence at the time the zoning ordinance was adopted.
COMMENTS IN SUPPORT/OPPOSITION:
Karl Fockler, Attorney, spoke in support of the proposed text amendment. There were also members of the audience recognized, as represented by Mr. Fockler, in support of the amendment.
This amendment will be placed on the Board of County Commissioners agenda on August 18, 2009 for consideration.
- ORDINANCE 2009-04, AMENDMENT TO CECIL COUNTY STANDARD SPECIFICATIONS & DETAILS FOR WATER MAINS & SEWER MAINS AND WATER & WASTEWATER STANDARD DETAILS –
Scott Flanigan, Director of Public Works and Tim Whittie, Chief, Development Services Division, presented a public hearing relating to Ordinance No. 2009-04 that upon adoption would revise the standard specifications and details for water mains and sewer mains. Mr. Whittie commented that the entire standards were updated and outlined some of the most note worthy changes to the specifications such as: general provisions; test pits; removal or abandonment of existing utilities; clearing and grubbing; aggregate backfill; trench excavation, backfill & compaction; boring and/or jacking of pipes; directional boring of pressure sewer; tunneling; water mains; water valves & appurtenances; fire hydrants, gravity sanitary sewer and house connections; sanitary sewer force mains, sanitary sewer manholes, low pressure sewer; restoration; lawn restoration; sodding; soil stabilization matting; tree protection; trees & shrubs; fences, director boring of pressure sewer; concrete reinforcement; cast-in-place concrete; pre-cast concrete utility structures; floable fly ash; mortar, brick masonry; miscellaneous metals; sewage grinder pump units, completely revised and updated the standard details for water & sewer mains, fire hydrants, water & sewer connections, manholes, meter vaults, valves, tees and bends.
COMMENTS IN SUPPORT/OPPOSITION:
Brian Carbaugh, Director of Engineering, Artesian Water & Wastewater – commented that Artesian would request the delay of this matter, until such a time that the details of this ordinance be carefully reviewed and vetted between Artesian and the Department of Public Works in an effort to better understand how these regulations may apply to a regulated public utility company.
This ordinance is scheduled for the Board of County Commissioners meeting on August 18, 2009.
- ORDINANCE NO. 2009-05, ADDITION TO CHAPTER 200, CECIL COUNTY CODE, BUILDING CONSTRUCTION – VIOLATIONS, PENALTIES AND STOP WORK ORDERS –
Patrick Conway, Director, Permits & Inspections presented a public hearing for the addition of Section 200.10 of Chapter 200, defining violations and penalties for non-compliance with the provisions of the Cecil County Building Code.
COMMENTS IN SUPPORT/OPPOSITION:
None.
This ordinance is scheduled for the Board of County Commissioners meeting on August 18, 2009.
- PUBLIC COMMENT –
No public comment.
- INTRODUCTORY ITEMS -
- RESOLUTION, CEDAR HILL APARTMENTS REDEVELOPMENT BY OSPREY PROPERTY COMPANY, LLC –
Alfred C. Wein, Jr., County Administrator, introduced a resolution in support by the Board of County Commissioners of the redevelopment of the Cedar Hill Apartments in North East, by the Osprey Property Company, LLC, and waiver of building permit fees associated with this project in the amount of approximately $28,000.
The resolution will be presented for consideration at the Board of County Commissioners meeting on August 18, 2009.
- RESOLUTION, CECIL COUNTY VOLUNTEER FIREMAN'S ASSOCIATION EQUIPMENT ACQUISITION PROGRAM –
Craig Whiteford, Budget Manager, introduced a resolution for the continuation for fiscal year July 1, 2009 through June 20, 2010, of the Volunteer Fireman's Association Equipment Acquisition Program that will provide One Million Dollars ($1,000,000.00) of funds to Fire Companies for the acquisition of fire apparatus as defined within the resolution.
The resolution will be presented for consideration at the Board of County Commissioners meeting on August 18, 2009.
- ACTION ITEMS –
- CECIL COUNTY ANIMAL CARE & CONTROL CONTRACT –
Administrator Wein presented Cecil County Animal Care & Control Contract between the Board of County Commissioners and the Cecil County SPCA, Inc., for the period of August 1, 2009 through June 30, 2010 in the amount of $648,000.00.
Motion to approve the Cecil County Animal Care & Control Contract was made by Commissioner Hodge, seconded by Commissioner Tome and unanimously carried to approval. A copy of this contract is attached hereto and incorporated into these minutes. COMMISSIONERS COMMENTS:
Commissioner Hodge stated that this contract is a one-year temporary contract and that the Animal Task Force will continue to make recommendations and modifications regarding animal care and control within the county.
Commissioner Tome thanked Commissioner Hodge for his dedication to this task.
- DEPARTMENT OF PUBLIC WORKS –
Scott Flanigan, Director of Public Works presented the following items:
- AMENDMENT #1 WATER & SEWER ALLOCATION BETWEEN MECHANICS VALLEY LLC AND THE BOARD OF COUNTY COMMISSIONERS –
Director Flanigan presented Amendment #1 Water & Sewer Allocation that was introduced at the Board's meeting on June 16, 2009, between the Board of County Commissioners and Mechanics Valley LLC for a two year extension from the original agreement dated July 30, 2007 for the subdivision known as "The Mews at North East Creek". Pursuant to approval by the Board the agreement would be extended through January 13, 2013.
Motion to approve Amendment #1 Water & Sewer Allocation, Mechanics Valley LLC was made by Commissioner Tome, seconded by Commissioner Mullin and unanimously carried to approve. A copy of this agreement is attached hereto and incorporated into these minutes.
- AMENDMENT #1 WASTEWATER OPERATIONS AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF PORT DEPOSIT –
Director Flanigan presented Amendment #1 to the Wastewater Operation Agreement between the Board of County Commissioners and the Town of Port Deposit for the operation of the Town's wastewater treatment plant and associated sewer collection system. This agreement specifies the term of the agreement that will continue on a month to month basis.
Motion to approve the amendment was made by Commissioner Tome, seconded by Commissioner Mullin and unanimously carried. A copy of the agreement is attached hereto and incorporated into these minutes.
- OPTION AND RIGHT OF ENTRY AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND MCCOY ENTERPRISES, INC. –
Upon the recommendation of Director Flanigan, motion to approve the option and right of entry agreement for the replacement of Nottingham Road Bridge over CSX was made by Commissioner Hodge, seconded by Commissioner Mullin and unanimously carried.
- OPTION AND RIGHT OF ENTRY AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND DOMENIC R. AND LOIS M. INGLISIA –
Upon the recommendation of Director Flanigan, motion to approve the option and right of entry agreement for the replacement of Nottingham Road Bridge over CSX was made by Commissioner Mullin, seconded by Commissioner Tome and unanimously carried.
- BID AWARD NO. 09-25-53018 – CENTRAL LANDFILL PHASE II LANDFILL GAS COLLECTION & CONVEYANCE SYSTEM –
Upon the recommendation of Director Flanigan, motion to award Bid No. 09-25-53018 Central Landfill Phase II Landfill Gas Collection & Conveyance System to Sargent Corporation in the amount of $187,920.00 was made by Commissioner Tome, seconded by Commissioner Hodge and unanimously carried.
- DEED BETWEEN BLITZ CREEK INVESTMENTS, LLC AND THE BOARD OF COUNTY COMMISSIONERS, SUBDIVISION, ORCHARD HILL –
Upon the recommendation of Director Flanigan, motion to approve the Deed for the subdivision of Orchard Hill was made by Commissioner Mullin, seconded by Commissioner Tome and unanimously carried to approve.
- PERMANENT UTILITY EASEMENT BETWEEN THE BOAD OF COUNTY COMMISSIONERS AND ARTESIAN WATER MARYLAND, INC., - WHITAKER WOODS –
Upon the recommendation of Director Flanigan, motion to approve the utility easement between the Board of County Commissioners and Artesian Water Maryland, Inc., for the Whitaker Woods project was made by Commissioner Hodge, seconded by Commissioner Tome and unanimously carried.
- BUDGET AMENDMENTS NOS. 1 - 11
Motion was made by Commissioner Tome, seconded by Commissioner Mullin and unanimously carried to approve Budget Amendment Nos. 1-11. 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 August 18, 2009 at 2:00 p.m. at the County Administrative Building, 200 Chesapeake Blvd., Elkton, MD
There being no further business of the County Commissioners, the meeting was adjourned. MINUTES OF THE BOARD OF Health > |