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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS MEETING July 20, 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 29, 2010 at 10:00 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) (1) Personnel matters; and (4) Consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State. Present: Commissioners Lockhart, Demmler, Hodge, Tome, and Mullin; Administrator Wein; Director, Donna Nichols; Director, Scott Flanigan; Director, Vernon Thompson; and Counsel Wilson. Topics of Discussion: Request to fill seasonal laborers positions in Department of Public Works Roads Division, request to fill Deputy position in the Sheriff's Office and request to fill part time driver for Senior Services Community and Transit. Request to increase salary offer of Assistant Chief position in the Department of Public Works Solid Waste Division. Possible incentives from an industrial prospect seeking to locate to Cecil County. Actions Taken: Approved request to fills. Approved requested salary increase offer of the Assistant Chief of Solid Waste Division. Meeting adjourned at 11:00 a.m. The Board adjourned into a closed session at its work session on July 6, 2010 at 9:20 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; (3) Consider the acquisition of real property for public purpose and matters directly thereto; (7) Consult with Counsel to obtain legal advice. Present: Commissioners Lockhart, Demmler, Hodge, Tome, and Mullin; Administrator Wein; Director, Eric Sennstron; Director, Vernon Thompson; Director, Donna Nichols; Budget Manager, Craig Whiteford; and Counsel H. Norman Wilson. Topics of Discussion: Personal Matters; Acquisition of real property relating to Nottingham Road Bridge; Legal update on the amendment to the Water Service Agreement with the Town of North East relating to the development of Bedrock; Department of Emergency Services Personnel Matter. Actions Taken: Meeting with Senior Services employees to be scheduled to discuss the status of the Department; Place the amendment to the Water Service Agreement with the Town of North East relating to the development of Bedrock as introductory item on the July 20, 2010 Agenda for the Commissioners' Meeting. Meeting adjourned at 10:15 a.m. The Board adjourned into a closed session at its work session on July 6, 2010 at 1:00 p.m. Motion was made by Commissioner Demmler, seconded by Commissioner Tome, and unanimously carried pursuant to MD Annotated Code – State Government 10-508 (a) (1) Personnel matters; Present: Commissioners Lockhart, Demmler, Hodge, Tome, and Mullin; Administrator Wein; and Budget Manager, Craig Whiteford. Topics of Discussion: Senior Services continued discussion. Actions Taken: Approved Press Release relating the Boards position of the Department of Senior Services and Community Transit for FY 2011. Meeting adjourned at 1:17 p.m. The Board adjourned into a closed session at its work session on July 13, 2010 at 9:42 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; (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, Hodge, Tome, and Mullin; Administrator Wein; and Budget Manager, Craig Whiteford; Director, Flaniagn; Office Executive Administrator, Vicky Rinkerman; Scott Pickford; and Gary Bannon. Topics of Discussion: Detention Center contract and related permits and major facilities fees associated with Town of Elkton; Department of Emergency Services Personnel Matters. Actions Taken: Approve request fill. Approved additional grants relating to funding of the Emergency Readiness Manager position; Discussed strategy for meeting with the Town of Elkton regarding the major facilities fees and the permit fees relating to the Detention Center project. Meeting adjourned at 10:55 a.m. The Board adjourned into a closed session at its work session on July 20, 2010 at 10:25 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. Present: Commissioners Lockhart, Demmler, Hodge, Tome, and Mullin; Administrator Wein; and Budget Manager, Craig Whiteford; Director, Nichols; Sheriff Barry Janney; and Counsel H. Norman Wilson. Topics of Discussion: Law enforcement Crime Scene Technician Position proposal from Sheriff Janney; Bainbridge Development Corporation legal matters; Chesapeake Utilities Franchise Agreement; Personnel Matters relating to Senior Services and Sheriffs Personnel Matters relating to catastrophic family events. Actions Taken: Legal Counsel Wilson Provided briefing on legal matters and negations with Bainbridge Development Corporation developer and Chairman of the Bainbridge Development Corporation, Nelson Bolender; Approved request fill for Crime Scene Technician; Discussed status of Senior Services and Community Transit; Director Nichols to develop draft amendment to Personnel Policies Manual regarding use of sick leave for dependants under certain circumstances; and Utilities Franchise Natural Gas Franchise Agreement to be placed on the August 17, 2010 Agenda for the Commissioners' Meeting. Meeting adjourned at 12:00 p.m. The Board adjourned into a closed session at its work session on July 27, 2010 at 1:00 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; (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, Hodge, Tome, and Mullin; Administrator Wein; Director, Nichols; Director Conway; Director Flanigan and Counsel H. Norman Wilson. Commissioner Tome stepped out of the meeting at 11:00 to attend the ceremony for "Storm Ready County" Commissioner Tome returned to the meeting at 11:30 a.m. Topics of Discussion: Discussion of appointments to Local Development Council; Personnel Matters associated with proposed Chapter 211-Electrical standards administration and inspections; Maryland Department of Environment and Board of County Commissioners landfill settlement proposal. Actions Taken: The Board directed Director, Thompson to contact additional persons for business category Local Development Council, one additional person needed; Counsel Wilson addressed the Board relating to legal matters relating to adoption of Chapter 211; Director Nichols discussed Personnel Matters relating to adoption of Chapter 211; The Board approved of counter settlement offer proposal to be submitted to Maryland Department of Environment regarding landfill sediment discharge; Director Nichols was directed to schedule a public hearing for proposed changes to the Policies and Procedures Manual relating to Sick Leave for dependants. Commissioners' Meeting. Meeting adjourned at 12:05 p.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, July 20, 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.
- COMMISSIONERS COMMENTS – Commissioner Demmler commented that even though there were so many minutes to approve the Commissioners' have read through them carefully and all corrections are reflected in the minutes before the Board. Motion to approve the minutes was made by Commissioner Demmler, seconded by Commissioner Hodge and unanimously carried to approve. Administrator Wein commented if there was anyone wishing to speak in support or opposition of the County's intent to apply for Federal funding assistance for the Port Deposit to North East River advanced wastewater treatment plant sewer inceptor project to please sign up for the public comment portion of the meeting. Commissioner Hodge commented the meeting the Commissioners had with Delaware Governor Markell was beneficial to both Delaware and Cecil County, they spoke of many issues affecting Delaware and Cecil County and feels it has opened the door to work together for future problem solving. Commissioner Tome commented he would have liked to turn the clock back on the meeting in regards to the relocation of the tolls but felt the meeting was very positive and Governor Markell was aware of the communication issues with the public safety network and it was agreed they could work together to solve the issues and the Commissioners looked forward to more communication with Governor Markell. Commissioner Demmler commented she felt the meeting with Delaware Governor Markell was very enjoyable and productive and felt it opened lines of communication. Commissioner Mullin commented the Board of Trustees for Maryland Agricultural Land Preservation Foundation joined Maryland Department of Planning and certified the Agricultural Land Preservation for Cecil County for the next two years. - TREASURER'S REPORT – Pamela Howard, Cecil County Treasurer, presented the monthly cash report as of June 30, 2010. A copy of this report is attached hereto and incorporated into these minutes. - AWARDS – Director Flanigan recognized the Solid Waste Management Division staff for their hard work and dedication to the Recycling Program. The Solid Waste Management Division has been the recipient of the Small Government Leadership Program Award from the Maryland Recycling Network for the third year in a row. Pete Bieniek, Chief and Tayna Adams, Recycling Coordinator presented the 2009 MRA Recycling Awards. - PUBLIC HEARINGS - - MASTER WATER & SEWER PLAN TEXT AMENDMENT-SECTION 3.2.11 ARTESIAN WATER MARYLAND, INC., – Eric Sennstrom, Director of Planning and Zoning presented the proposed text amendment regarding changes to reflect water sources and means of conveyance from said sources to the County. The proposed text amendment was recommended for approval by the Department of Planning and Zoning and was presented and recommended for approval by the Cecil County Planning Commission at their June 21, 2010 meeting. The text amendment will be placed on the Board's agenda for consideration at their August 17, 2010 meeting. COMMENTS SUPPORT/OPPOSTION: None - MASTER WATER & SEWER PLAN TEXT AMENDMENT-SECTION 3.2.9 PORT DEPOSIT- Eric Sennstrom, Director of Planning and Zoning presented the proposed text amendment regarding changes to reflect the sale of the Town's water system to Artesian Water Maryland, Inc. The proposed text amendment was recommended for approval by the Department of Planning and Zoning and was presented and recommended for approval by the Cecil County Planning Commission at their June 21, 2010 meeting. The text amendment will be placed on the Board's agenda for consideration at their August 17, 2010 meeting. COMMENTS SUPPORT/OPPOSTION: None - MASTER WATER & SEWER PLAN MAP AMENDMENT- Eric Sennstrom, Director of Planning and Zoning presented the proposed amendment to the Master Sewer Service Area Map to reflect the changes resulting from the Carpenters Point Sanitary Sewer Project. The proposed text amendment was recommended for approval by the Department of Planning and Zoning and was presented and recommended for approval by the Cecil County Planning Commission at their July 19, 2010 meeting. The text amendment will be placed on the Board's agenda for consideration at their August 17, 2010 meeting. COMMENTS SUPPORT/OPPOSTION: None -MASTER WATER & SEWER PLAN TEXT AMENDMENT – TOWN OF RISING SUN-SECTION 3.2.10 & 4.1.8- Eric Sennstrom, Director of Planning and Zoning presented the proposed text amendment regarding changes to Chapter 3.2.10 reflecting upgrades to the Towns water line. The water line would extend from Pennsylvania to the Maryland line and increase the water capability in the Town from 250,000 to 750,000 gallons a day. Chapter 4.1.8 would reflect the upgrades to the Towns Waste Water capability which would increase the limitations on the Waste Water facilities to 500,000 gallons a day. The proposed text amendment was recommended for approval by the Department of Planning and Zoning and was presented and recommended for approval by the Cecil County Planning Commission at their July 19, 2010 meeting. The text amendment will be placed on the Board's agenda for consideration at their August 17, 2010 meeting. COMMENTS SUPPORT/OPPOSTION: None - PUBLIC COMMENT – Ken Baldwin, 1552 Grove Point Road, commented on the need for more handicapped access throughout the County and the need for more convenient bus hours. Al Reasin, 632 Conowingo Rd, commented on the availability of the open worksession minutes on the County website. - COMMISSIONERS COMMENTS- Commissioner Lockhart verified with Administrator Wein the open worksession minutes are not posted to the website. Commissioner Hodge commented he had no objections to posting the open worksession minutes and it would be discussed at the next worksession. Administrator Wein commented the minutes would first have to be approved by the Commissioners before they are posted to the website. Gary Tennis, Perryville, commented on hopes the County could work with the Town of Perryville on the Waste Water issues at Senca Point. - INTRODUCTORY ITEMS- - RESOLUTION; CECIL COUNTY DEBT POLICY- Craig Whiteford, Budget Manager presented a resolution for the Boards consideration relating to the existing debt policy as required per Chapter 693 of the Laws of 2009. Cecil County Government is required to adopt a local debt policy and submit this policy to the State Treasurer. The resolution will be placed on the Board's agenda for consideration at their August 17, 2010 meeting. -CAPITAL IMPROVEMENT PROGRAM BUDGET AND DEBT POLICY PROCEDURAL MANUAL- Crag Whiteford, Budget Manager presented the Capital Improvement Program Budget and Debt Policy Procedural Manual for the Boards consideration relating to a variety of changes made to the procedural manual. The resolution will be placed on the Board's agenda for consideration at their August 17, 2010 meeting. - AMENDMENT TO THE WATER SERVICE AGREEMENT WITH THE TOWN OF NORTH EAST- Administrator Wein presented for the Boards consideration the requested amendment to the Water Service Agreement with the Town of North East regarding parcel 56, found on Tax Map 25 be added to the Town of North East Water Service Area. - COMMISSIONER COMMENTS – Commissioner Hodge commented he would not support the extension of the water service as defined above do the what he feels are unfair and unreasonable rates put on citizens and out of Town Property owners, which he feels has hurt the economic development growth in the area. He ask that the Board not approve this request under the current terms and also asks the Board continue to work with the Town of North East to obtain reasonable and fair rates and terms and conditions of accessing the Towns water service to citizens and businesses owners outside of the Towns limits. Commissioner Demmler asked if they have explored other options for water. Administrator Wein commented that he was not aware if they have looked into other options and he would look into the matter before the August 17, 2010 meeting. This amendment will be placed on the Board's agenda for consideration at their August 17, 2010 meeting. - LEASE AGREEMENT FOR CHESLAND PROPERTY; AGREEMENT BETWEEN CECIL COUNTY AND SPRY BROTHERS, INC.- Clyde Van Dyke, Director of Parks and Recreation presented to the Board for their consideration a lease agreement between the Board of Cecil County Commissioners and Spry Brothers, Inc., for the lease of 31 acres of tillable land for farming purposes. This lease agreement will be placed on the Board's agenda for consideration at their August 17, 2010 meeting. - ACTION ITEMS- - APPOINTMENTS- Administrator Wein presented the recommendation of the appointment of Bob Dermott to the acting Director of Senior Services and Community Transit. Motion to approve the appointment was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried. Motion to approve the following appointments was made by Commissioner Mullin, seconded by Commissioner Demmler and unanimously carried. Susquehanna Workforce Network, Inc:
Department of Social Services:
Cecil Partnerships for Children Youth and Families:
Commission on Aging:
Public Safety Pension Plan Board of Trustees:
- REZONING DECISION FILE 2010-03-ELK POINT, LLC.,- Eric Sennstrom, Director of Planning and Zoning presented the rezoning application of Elk Point, LLC., and request to rezone 27.995 acres +/- from Maritime Business to Suburban Residential. Motion to approve the rezoning was based upon a substantial change in the character of the neighborhood since the last Comprehensive Rezoning in 1993 was made by Commissioner Hodge, and seconded by Commissioner Tome and unanimously carried. - REZONING DECISION FILE 2010-04- CHARLESTOWN CROSSING, LLC.,- Eric Sennstron Director of Planning and Zoning presented the rezoning application of Charlestown Crossing, LLC., and request to rezone 20.8 acres +/- from Light Industrial / Suburban Residential to Multi-Family Residential. Motion to approve the rezoning was based upon a substantial change in the character of the neighborhood since the last Comprehensive Rezoning in 1993 and upon a mistake in the 1993 Comprehensive Rezoning by Commissioner Lockhart, seconded by Commissioner Tome. The motion carried by a majority vote with one abstention. Lockhart – Y; Demmler – Y; Tome – Y; Mullin – Y; Hodge – Abstain - RESOLUTION; RIVER BEND PARKWAY SPEED LIMIT CHANGE- Clyde Van Dyke Director of Parks and Recreation presented the resolution for the Boards consideration to set the maximum speed limit to 15 Miles an hour with in Elk River Park. Motion to approve the resolution was made by Commissioner Tome, and seconded by Commissioner Demmler and unanimously carried. A copy of this resolution is attached hereto and incorporated into these minutes. - DEPARTMENT OF PUBLIC WORKS- - CECIL COUNTY RECYCLING PLAN- Upon the recommendation of Director Flanigan, a motion to approve the Recycling Plan was made by Commissioner Robert Hodge, and seconded by Commissioner Tome and unanimously carried to approval. - RESOLUTION; TO AUTHORIZE CONDEMNATION OF LAND REQUIRED FOR REPLACEMENT OF CECIL COUNTY BRIDGE CE0044 CARRYING NOTTINGHAM ROAD OVER CSX RAILROAD- Upon the recommendation of Director Flanigan, a motion to approve the resolution was made by Commissioner Hodge, seconded by Commissioner Mullin and unanimously carried to approval. A copy of this resolution attached hereto and incorporated into these minutes. - BID AWARD NO. 11-12-55020; INFLOW & INFILTRATION IDENTIFICATION PROGRAM: NORTH MAIN STREET EXTENDED SANITARY SEWER REPLACEMENT- Upon the recommendation of Director Flanigan, a motion to approve Bid No. 11-12-55020 to HIE Contractors, Inc. in the amount of $787,413.50 was made by Commissioner Demmler and, seconded by Commissioner Mullin and unanimously carried to approval. - BID AWARD NO. 11-10-52045; CONNELLY ROAD; REPLACEMENT OF TWO SMALL STRUCTURES- Upon the recommendation of Director Flanigan, a motion to approve Bid No. 11-10-52045 to Decker Contracting, Inc., in the amount of $476, 502.00 was made by Commissioner Mullin and, seconded by Commissioner Hodge. - COMMISSIONERS COMMENTS- Commissioner Demmler confirmed this project was of the funded through the Roads and Bridges CIP. Motion was unanimously carried to approval. - OPTION CONTRACT AGREEMENTS-FOR REPLACEMENT OF CALVERT ROAD BRIDGE-PROPERTY OF MANUEL G. GIERBOLINI & LUZ I. GONZALEZ, CONSTANCE K. ROGERS, CHARLES E. DUCAN, EARL C. & JANET B. COX- Upon the recommendation of Director Flanigan, a motion to approve the option contract agreement was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried to approval. - CORRECTIONAL FACILITY; BID AWARDS NO. 10-49; 10-49A; 10-49B; 10-49C; 10-49D; 10-49E; 10-49F; 10-49G1; 10-49G2; 10-49G3; 10-49G4; 10-49G5; RFP 10-49H- Craig Whiteford, Budget Manager presented the recommendations of the following Bids Awards from EI Associates and Turner Construction. Bid 10-49GI; Reciprocating/Scroll Water Chillers: recommend award to Johnson Controls Building Systems & Services in the amount of $83, 495.00. Bid 10-49G2; Modular Indoor Air Handling Units: recommend award to Trane US, Inc., in the amount of $171,579.00. Bid 10-49G3; Water Tube Boilers: received only one package from Cleaver Brooks for $154, 600.00. Their proposal exempted all specifications and coordination requirements. Therefore it is recommended to reject this bid as non-responsive. Bid 10-49G4; Primary and Distribution Electrical Equipment: recommend award to Siemens Industry Inc., in the amount of $104,475.00. Bid 10-49G5; Emergency Generator and ATS's Package: recommend award to Curtis Engine & Equipment, Inc. in the amount of $132,630.00. RFP 10-49H; Testing and Inspections: recommend award to Reuling Associates of Timonium for the estimated sum of "not to exceed" $65,470.00. Bid 10-49A; General Trades: recommend award to Wohlsen Construction Company in the amount of $8,235,000.00. Bid 10-49B; Roofing: low bid of Best International Construction withdrew their bid; therefore, recommend award to Wohlsen Construction Company in the amount of $3,566,000.00. Bid 10-49C; Detention Center Equipment: recommended award to Exitech, Inc. in the amount of $3,939,861.00 Bid 10-49D; Mechanical: low bid of Delcard Associates withdrew their bid; therefore, recommend award to W.G. Tomko, Inc. in the amount of $7,588,000.00 Bid 10-49E; Electrical: recommend award to Action Electric in the amount of $2,187,700.00. Bid 10-49F; Low Voltage Systems: recommend award to Gooseworks, Inc., in the amount of $1,436,000.00. A Motion to approve the bid Awards was made by Commissioner Hodge, seconded by Commissioner Mullin and unanimously carried to approval. -BUDGET AMENDMENTS NOS. – 1 – 8- Motion to approve Budget Amendment Nos. 1-8 was made by Commissioner Demmler, and seconded by Commissioner Mullin and unanimously carried. 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 August 17, 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.
MINUTES OF THE BOARD OF HEALTH July 20, 2010 The Cecil County Board of Health met at the County Administrative Building, 200 Chesapeake Blvd., Elkton, Maryland on Tuesday, July 20, 2010. 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 Stephanie Garrity, Health Officer
Constituting a majority Board. Health Officer Garrity updated the Board on the Annual Communicable Disease Report for Cecil County. Ms. Garrity updated the Board on the findings of the 2009 Community Health needs Assessments Survey. The Health Department partnered with Union Hospital of Cecil County and are very grateful for their support as, well as the three thousand residents of Cecil County who responded. This was the third time the survey has been completed and the survey is very helpful when determining what funding to apply for. Ms. Garrity asked that all residents beware of the extreme heat conditions outside and stressed that it is important to know the warring signs of heat exhaustion during these extreme heat conditions. Information on warring signs of heat exhaustion and tips on how to stay safe in the heat can be found the Health Departments Website.
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