MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

 

July 22, 2008

 

            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:

 

            William C. Manlove, President

            Rebecca J. Demmler, Commissioner

            Wayne L. Tome, Sr., Commissioner

 

Constituting a majority Board.

 

            The Board adjourned into a closed session at its work session on June 10, 2008 at 10:20 A.M., motion was made by Commissioner Demmler, seconded by Vice President Guns and unanimously carried pursuant to the State Government, Annotated Code of Maryland 10-508 (a) (1), (7) & (14); Personnel, legal advice and negotiations.

 

            The Board adjourned into a closed session at its work session on June 17, 2008 at 10:25 A.M., motion was made by Vice President Guns, seconded by Commissioner Demmler, and unanimously carried pursuant to the State Government, Annotated Code of Maryland 10-508 (a) (1), & (7) to discuss personnel matters and obtain legal advice.

 

The Board adjourned into a closed session at its work session on July 1, 2008 at 9:50 A.M., motion was made by Commissioner Lockhart, seconded by Commissioner Tome, and unanimously carried pursuant to the State Government, Annotated Code of Maryland 10-508 (a) (1), (3), (4) & (7) to discuss personnel matters; acquisition of real property; proposal for a business to expand in the county; and obtain legal advice.

 

The Board adjourned into a closed session at its work session on July 8, 2008 at 9:00 A.M., motion was made by Vice President Guns, seconded by Commissioner Tome, and unanimously carried pursuant to the State Government, Annotated Code of Maryland 10-508 (a) (1), (7) & (14) to discuss personnel matters; obtain legal advice; and negotiations.

 

The Board adjourned into a closed session at its work session on July 15, 2008 at 10:00 A.M., motion was made by Commissioner Demmler, seconded by Commissioner Tome, and unanimously carried pursuant to the State Government, Annotated Code of Maryland 10-508 (a) (1) to discuss personnel matters.

 

The Board adjourned into a closed session at its work session on July 22, 2008 at 10:20 A.M., motion was made by Commissioner Demmler, seconded by Commissioner Tome, and unanimously carried pursuant to the State Government, Annotated Code of Maryland 10-508 (a) (1) & (7) to discuss personnel matters and obtain legal advice.

 

            The meeting of the Board of County Commissioners for Cecil County, July 22, 2008 was called to order by Commissioner Manlove at 2:00 p.m. and opened with the Pledge of Allegiance.

           

            The minutes from the June 17, 2008 meeting were unanimously approved.

 

            The minutes from the July 8, 2008 meeting were unanimously approved.

           

            -COMMISSIONERS' COMMENTS-

 

President Manlove announced that Vice President Guns is attending a conference and Commissioner Lockhart is on vacation, therefore, they will not be in attendance.

 

Commissioner Demmler commented about the Upper Shore Regional Council meeting that she will be attending.

 

Commissioner Tome offered no comment.

 

-         TREASURER'S REPORT -

 

Pamela Howard, Treasurer for Cecil County, presented the Treasurer's cash report for the period ending June 30, 2008.  A copy of this report is attached hereto and incorporated into these minutes.

 

-         2007 RECYCLING AWARDS -

 

Pete Bieniek, Superintendent, Solid Waste Division and Tanya Adams, Recycling Coordinator presented the 2007 Recycling Awards.  Recipients are as follows:

 

            S & S Sanitation

            Tri-State Waste Solutions

            Junkbeegone.com

            Nationwide Metal Recycling

            Elkton Recycling

            W.L. Gore

            Cecil County Board of Education

 

-         PROCLAMATION - LOCAL HEREOS -

 

The Board presented proclamations to Ed and Matthew Bowman for their act of heroism in rescuing a boy from drowning.

 

-         PUBLIC HEARINGS -

 

-TEXT AMENDMENT, ZONING ORDINANCE, AMEND ARTICLE XV, SECTION 291.10A - MAJOR SITE PLANS -

 

Eric Sennstrom, Director of Planning & Zoning presented a public hearing for the proposal of a Text Amendment to the Cecil County Zoning Ordinance, amending Article XV, Section 291.10A - Major Site Plans.  The proposed amendment recommends adding language to require the preparer of a major site plan to notify adjoining property owners by certified mail and the presentation of such documentation of notification to the County with the submittal of the major site plan. 

 

The Planning Commission heard this proposal at their meeting on July 21, 2008 and recommended approval.

 

COMMENTS SUPPORT/OPPOSITION:

 

None.

 

This text amendment will be placed on the Board of County Commissioner's August 5,2008 agenda for consideration.

 

-         TEXT AMENDMENT, ZONING ORDINANCE, ARTICLE V, PART 1, SECTION 65 - GREEN HOUSES WITH ON-PREMISES SALES PERMITTED -

 

Director Sennstrom presented a public hearing for the proposal of a Text Amendment to the Cecil County Zoning Ordinance, Article V, Part 1, Section 65.  Upon the recommendation of the Planning Commission this amendment proposes adding new language that topsoil, mulch and gardening/landscaping aggregates sales shall be permitted provided that they are an accessory to the Greenhouse and that no more than 100 yards of each product are stockpiled at any time. 

 

The Planning Commission recommended approval of this text amendment at their July 21, 2008 meeting.

 

 

 

COMMENTS SUPPORT/OPPOSITION:

 

None.

 

This text amendment will be placed on the Board of County Commissioner's August 5, 2008 agenda for consideration.

 

-         TEXT AMENDMENT, ZONING ORDINANCE, ARTICLE XI, SECTION'S 191, 195, 196, 197 & 200 TO END CRITICAL AREA MORATORIUM ON SUBDIVISIONS -

 

Director Sennstrom and Tony DiGiacamo, Principal Planner, Office of Planning & Zoning presented a public hearing for the purpose of amending section's 191, 195, 196, 197 & 200 to end critical area moratorium on subdivisions.

 

COMMENTS SUPPORT/OPPOSITION:

 

None.

 

This text amendment will be placed on the Board of County Commissioner's August 5, 2008 agenda for consideration.

 

-         CECIL COUNTY ROAD CODE & STANDARD SPECIFICATIONS, CHAPTER 242 -

 

Scott Flanigan, Director of Public Works and Tim Whittie, Chief, Development Services Division presented a public hearing outlining revisions to Chapter 242 of the Cecil County Code, Road Standard Specifications.

 

Mr. Whittie presented an overview of the revisions and stated that the most notable changes to the code were the addition of the appendixes; the revised definitions to "Major & Minor Collector Roads; and revisions to "Sight Distance Intersection"; and added definition for "Travel Lane".

 

He further advised the Board that input from the development community was taken into consideration during the drafting of this document; several round-table discussions were held in an effort to receive comments and suggestions.

 

COMMENTS IN SUPPORT/OPPOSITION:

 

Will Whiteman commended the Department of Public Works and recommended a revision to Section 1.01 "Sight Distance Intersection" and suggested that the language should be amended to be consistent with AASHTO regulations, and made a suggestion to the "fee simple" language relating to deeds of right-of-ways.

 

George Kaplan commented in support of a section referring to Road Code Appeals and suggested that submittal of Road Code Waivers to the Board of County Commissioners.

 

Bud Felty of McCrone, Inc., commented in concurrence with Mr. Whiteman relating to easier access for single-family dwellings and the "fee simple" language.

 

Ronnie Carpenter, also applauded Public Works for their efforts in drafting the revisions.  He too, recommended that the department follow the AASHTO regulations with regard to site distance. 

 

-         PROGRAM OPEN SPACE - ANNUAL PROGRAM FOR FISCAL YEAR 2009, PRELIMINARY DRAFT, CECIL COUNTY'S PLAN FOR PARK LAND ACQUISION AND RECREATION FACILITY DEVELOPMENT -

 

Ed Slicer, Manager, Parks & Recreation presented the Board with the FY 09 Program Open Space, Preliminary Draft for Cecil County's Plan for Park Land acquisition and recreational facility development. This plan was recommend by the Board of Parks & Recreation and by the Planning Commission.

 

This plan will be placed on the August 5, 2008 agenda for consideration.

 

-         PROGRAM OPEN SPACE - APPLICANT, CECIL COUNTY COMMISIONERS:  MCMILLAN FARM SECURITY FENCE:  FUNDING REIMBURSEMENT FROM FY 2008-09, DEPARTMENT OF NATURAL RESOURCES, PROGRAM OPEN SPACE -

 

Mr. Slicer presented the application for funding reimbursement in the amount of $6,510.00, which reflects 75% of the total costs.  Funding is requested to secure access to the former farm residence.

 

This request will be placed on the Board's August 5, 2008 agenda for consideration.

 

-         INTRODUCTORY ITEMS -

 

-         RESOLUTION - DOG LICENSE FEES -

 

Alfred C. Wein, Jr., County Administrator presented a resolution for introduction to increase the fees for dog licenses, pursuant to Article 24, Title 11, Subtitle 501 (p) as follows:

 

·        Altered - $10

·        Non-altered - $25

·        Service dogs - $1

·        Commercial Kennel - $100

 

This resolution will be placed on the Board's August 5, 2008 agenda for consideration.

 

-         RESOLUTION BOARD OF COUNTY COMMISSIONERS TO BECOME A CODE COUNTY AND BE GOVERNED BY THE PROVISIONS OF ARTICLE XI-F; CONSITUTION OF MARYLAND AND ARTICLE 25B; OF THE CODE OF MARYLAND -

 

Mr. Wein presented a resolution that will be presented to the Board on August 5, 2008 that upon adoption by four Commissioners will be submitted by certified copy to the Board of Elections on or before August 18, 2008 to be placed on the November Ballot for referendum. 

 

-         APPLICATION TO SELL EASEMENT, CECIL COUNTY PURCHASE OF DEVELOPMENT RIGHTS PROGRAM, HARVEY MCNATT, LINDA & WALTER K. LONG -

 

Eric Shertz, Office of Planning & Zoning presented the Board with an application filed by Harvey McNatt and Linda and Walter Long for the sale of 157.43 acres of development rights in the amount of $3,000 per acre for their property located at 1623 Theodore Road, Rising Sun, MD.

 

This application will be presented to the Board for consideration at the August 5, 2008 meeting.

 

-         ACTION ITEMS -

 

- APPOINTMENTS -

 

Motion was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously to approve the following appointments:

 

Susquehanna Workforce Network

The following members are recommended for re-appointment for a three-year term to expire:  June 30, 2011:

 

John Denver

Raymond Hamm

 

The following members are new appointments:

 

Henry (Dick) Shaffer, to fulfill the term as Cecil County Public Schools Superintendent, term to expire 6/30/10

Dan Schneckenburger, for a three-year term to expire on June 30, 2011

 

Commission for Women

 

The following members are recommended for re-appointment for a three-year term to expire June 30, 2011:

 

Diana Detweiler

Kathy Kunda

Judy Cox

 

The following members are recommended as new appointments for a three-year term to expire June 30, 2011:

 

Elizabeth Guidash

Sandy Lewis

Leslie Woods

Kerry Rafferty O'Connell

 

Planning Commission

 

Joe Janusz, reappointment for a three-year term to expire on 8/1/11

Kennard Wiggins, replacing the term Joyce Bowlsbey, three-year term to expire 8/1/11

 

-         NOMINATION FOR HISTORIC DESIGNATION -

 

Director Sennstrom presented the Board with request for Historic Designation for "Thomas Scott's Place, which was presented during a public hearing at the Board of County Commissioner's meeting on June 17, 2008.  This matter is before the Board for consideration.

 

Motion to approve the nomination was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried to approve.

 

            - DEPARTMENT OF PUBLIC WORKS -

 

            W. Scott Flanigan, Director of Public Works presented the following items for consideration:

 

-          BID AWARD NO. 08-44-54008 - CONSTRUCT PINE HILLS AC PIPE -  

 

Upon the recommendation of Director Flanigan, motion to approve the Bid Award No. 08-44-54088 to H.I.E. Contractors, Inc., in the amount of $328,800 was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried to approve.

 

-          BID AWARD NO. 08-49-55017- SENECA POINT FACILITY REPAIRS  -

  

Upon the recommendation of Director Flanigan, motion to award Bid No. 08-49-55017 to Decker Contracting, Inc., in the amount of $258,000 was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried to approve.

 

-          GRANT OF EASEMENTS - MEADOWVIEW SEWER & WATER UPGRADES-

 

            Upon the recommendation of Director Flanigan, motion was made by Commissioner Tome, seconded by Commissioner Demmler, and unanimously carried to approve Grant of Easements required for the Meadowview Sewer & Water Plant upgrades.

 

 

-          PERMANENT UTILITY EASEMENT - TOWN OF NORTH EAST -

 

Upon the recommendation of Director Flanigan, motion was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried to grant a permanent utility easement to the Town of North East for a portion of Lums Road.

 

- TEXT AMENDMENT, CHAPTER 245, CECIL COUNTY CODE - SEPTAGE HAULING & DISCHARGE -  

 

Pursuant to a public hearing held on June 17, 2008 and upon the recommendation of Director Flanigan, motion was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously to adopt the Ordinance relating to Septage Hauling & Discharge.  A copy of this ordinance is attached hereto and incorporated into these minutes.

 

-          PROPOSED CLOSURE OF A PORTION OF OLD CONOWINGO ROAD -

 

Pursuant to a public hearing held on June 17, 2008 and upon the recommendation of Director Flanigan, motion was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried to close the westernmost part of Old Conowingo Road that is between Conowingo Lake Road and Belle Manor Road.

 

-               BUDGET AMENDMENT NOS. 1- 4  

           

            Motion was made by Commissioner Demmler, seconded by Commissioner Tome, and unanimously carried to approve Budget Amendment Nos. 1-4. 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 held on August 5, 2008 at 2:00 p.m. at the County Administrative Building, Elkton, MD.

 

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

     

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