MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS MEETING
September 4, 2007
The Board of County Commissioners for Cecil County met in regular session at the County Administrative Building, 107 North Street, Elkton, MD. The following members of the Board were present:
William C. Manlove, Commissioner
Mark H. Guns, Vice President
Rebecca J. Demmler, Commissioner
Brian Lockhart, Commissioner
Wayne L. Tome, Sr., Commissioner
Constituting a full Board.
The Board adjourned into a closed session at its September 4, 2007 work session. Motion was made by Commissioner Tome, seconded by Commissioner Lockhart to adjourn to closed session and unanimously carried, pursuant to the Annotated Code of Maryland State Government 10-508 (a) (1).
The meeting of the Board of County Commissioners for Cecil County, September 4, 2007 was called to order by Commissioner Manlove at 7:00 p.m. and opened with the Pledge of Allegiance.
The minutes from the August 21, 2007 rezoning hearing were unanimously approved.
The minutes from the August 21, 2007 meeting of the Board of County Commissioners were unanimously approved.
The minutes from the August 21, 2007 meeting of the Board of Health were unanimously approved.
-COMMISSIONERS' COMMENTS-
Commissioner Lockhart commented about the Elkton West Wastewater Treatment Plant RFP's that are due on Friday.
The remaining Board members declined comment.
TREASURER'S REPORT -
Pamela Howard, Treasurer for Cecil County presented the monthly Treasurer's Report for the period ending July 31, 2007. A copy of this report is attached hereto and incorporated into these minutes.
- PROCLAMATION - NATIONAL PREPAREDNESS MONTH -
President Manlove and the Board presented Amy LePore, Department of Emergency Services with a proclamation in honor of National Preparedness month.
- PROCLAMATION - 911 RECOGNITION DAY -
President Manlove and the Board presented Stephanie Reynolds and Robert Muller, Department of Emergency Services with a proclamation in honor of National 911 Day.
- PROCLAMATION - NATIONAL CONSTITUTION WEEK -
President Manlove and the Board presented Carolyn Mathias, Daughters of the American Revolution, Cecil County Chapter, with a proclamation in honor of National Constitution Week, September 17 - 23.
- PUBLIC HEARINGS -
-ORDINANCE - CHAPTER 200, CECIL COUNTY CODE, BUILDING CONSTRUCTION - 2006 INTERNATIONAL BUILDING CODE -
Pat Conway, Director, Permits & Inspections conducted a public hearing to consider an ordinance to repeal, and re-enact certain sections of Chapter 200, Building Construction of the Cecil County Code, to replace the 2003 International Building Code and the 2003 International Residential Code with the 2006 International Building Code and the 2006 International Residential Codes, as adopted by the International Code Council and the State of Maryland.
The local amendments specifically effected will be the issuance and regulation of occupancy permits and regulations concerning tent structures.
This ordinance will be submitted to the Board for approval at their September 18, 2007 Board meeting.
COMMENTS SUPPORT/OPPOSITION:
None.
- PUBLIC COMMENT -
Robert Hodge, North East, MD - commented relative to the text amendment concerning Motor Vehicle Filling Stations and encouraged the Board to amend the language to allow these types of businesses in W-1 service areas.
Roman Grypka, North East, MD - commented in support of the text amendment concerning Motor Vehicle Filling Stations as written.
- ACTION ITEMS-
- RESOLUTION - GRANTS TO FIRE COMPANIES WITHIN CECIL COUNTY TO BE USED FOR THE PURCHASE OF REPLACEMENT VEHICLES & EQUIPMENT -
Al Wein, County Administrator presented the Resolution for the donation/financial assistance in the acquisition of fire company equipment in the amount of up to One Million Dollars to fire companies in the fiscal year July 1, 2007 through June 30, 2008 as set forth in the Resolution, as introduced at the Board's August 21st meeting.
Motion to approve was made by Commissioner Lockhart, seconded by Commissioner Tome and unanimously carried to approve.
- RESOLUTION - CECIL COUNTY DEFERRED COMPENSATION PLAN -
Alfred C. Wein, Jr., County Administrator, presented the Resolution appointing Met Life Associates LLC Group-Trust as the provider for the County's Deferred Compensation Plan as introduced at the Board of County Commissioner meeting on August 21, 2007.
Motion to approve the resolution appointing Met Life Associates LLC was made by Commissioner Demmler, seconded by Vice President Guns and unanimously carried to approve. A copy of the Resolution is attached hereto and incorporated into these minutes.
- REZONING DECISION - RT. 40 HAYES, LLC -
Administrator Wein presented the Board with a rezoning heard on August 21, 2007, applicant: Hayes, LLC, Property Location, Marley Road, Elkton, MD with a request to rezone approximately 5.874 acres from Development Residential (DR) to Heavy Industrial (M2).
Motion was made by Commissioner Tome to approve, based upon a mistake in the last comprehensive rezoning, the motion was seconded by Vice President Guns and carried unanimously. Commissioner Lockhart recused himself from the vote.
-CECILTON ANNEXATION RESOLUTION- CONSENT TO ZONING CHANGE -
Motion to table the Resolution relative to the Cecilton Annexation was made by President Manlove, as a result of this matter being placed on a referendum and possible ballad within the Town of Cecilton. The motion was seconded by Vice President Guns and unanimously carried. This matter will be placed on the Board's agenda for October 16, 2007 for review.
- GILPIN FALLS COVERED BRIDGE - NOMINATION FOR HISTORIC DESIGNATION -
Pursuant to the public hearing held on August 21, 2007, motion to approve the nomination for historic designation for the Gilpin Falls Covered Bridge was made by Commissioner Lockhart, seconded by Commissioner Demmler and unanimously carried to approve.
- TEXT AMENDMENT - CECIL COUNTY ZONING ORDINANCE - AMEND ARTICLE V, PART XI, SECTION 135 - MOTOR VEHICLE FILLING STATION-
Administrator Wein presented the proposed text amendment to the Cecil County Zoning Ordinance relating to Article V, Part XI, Section 135 for decision, as heard at the public hearing on August 21, 2007.
Motion to approve the text amendment, as recommended by the Planning Commission, was made by Vice President Guns, seconded by Commissioner Demmler and approved by a majority vote.
VOTE: Manlove - Y, Guns - Y, Demmler - Y, Lockhart - N, Tome - N
- AMENDMENT MASTER WATER & SEWER PLAN - TO INCLUDE TAX MAP 14, PARCEL 7, LOTS 1&2 AS A DISCHARGE POINT FOR TREATED EFFLUENT FROM THE MEADOWVIEW WASTEWATER TREATMENT PLANT TO IRRIGATE GOLF COURSE, APPLICANT: ASTON DEVELOPMENT GROUP, INC -
Administrator Wein presented the Board with the amendment to the Master Water & Sewer Plan submitted by applicant Aston Development Group, Inc., heard at public hearing on August 21, 1007. As recommended by the Planning Commission, motion to approve the amendment was made by Vice President Guns, seconded by Commissioner Tome and carried by a majority vote. A copy of this amendment is attached hereto and incorporated into these minutes.
COMMISSIONERS COMMENTS:
President Manlove stated that he supports the irrigation of the golf course with treated effluent and that in order for this initiative to take place, the Master Water & Sewer Plan has to be amended.
Commissioner Demmler commented that she to supports the idea of a golf course for the proposed area, instead of housing, and the concept of spray irrigation, however, there are still too many unanswered questions relating to the operational and maintenance piece of the system.
Commissioner Lockhart commented that against the advice of the County Attorney, he will recused himself from this vote.
VOTE: Manlove Y, Guns Y, Demmler N, Tome Y
- AMEND MASTER WATER SERVICE AREA MAP TO INCLUDE STEWART'S LANDING, TAX MAP 37, PARCELS 12,13 & 551 AS A W-1 SERVICE AREA -
Administrator Wein presented the request as submitted by Morris Ritchie & Associates to amend the Master Water Service Area Map to include the proposed subdivision known as Stewart's Landing as a W-1 service area, as recommended by the Planning Commission.
Motion to approve the amendment was made by Commissioner Lockhart, seconded by Commissioner Tome and unanimously carried to approve the amendment. A copy of this amendment is attached hereto and incorporated into these minutes.
- ANNUAL PROGRAM FOR PARK LAND ACQUISITION AND RECREATION FACILITY DEVELOPMENT -
Ed Slicer, Manager, Parks & Recreation presented the Board with the Preliminary Draft Report for the Cecil County's Park Land Acquisition and Recreation Facility Development with the two major projects being the County Regional Park and Elk Landing for a decision as presented at public hearing on August 21, 2007.
Upon the recommendation of the Planning Commission as well as the Board of Parks & Recreation, motion to approve was made by Vice President Guns, seconded by Commissioner Tome and unanimously carried.
- -DEPARTMENT OF PUBLIC WORKS -
W. Scott Flanigan, Director of Public Works presented the following DPW items for consideration:
- BID NO. 08-05 - HORIZONTAL GRINDER -
Upon the recommendation of Mr. Flanigan, motion was made by Vice President Guns, seconded by Commissioner Demmler and unanimously carried to award Bid No. 08-05 to Vermeer Mid Atlantic, Inc., in the amount of $382,679.
- BID NO. 08-07 - HYDRAULIC EXCAVATOR -
Upon the recommendation of Mr. Flanigan, motion was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried to award Bid No. 08-07 to Alban Tractor, Inc., in the amount of $517,312.
- BID NO. 08-03 - BACK-UP POWER GENERATORS -
Upon the recommendation of Mr. Flanigan, motion was made by Commissioner Tome, seconded by Commissioner Lockhart and unanimously carried to award Bid No. 08-03 to RGS Electrical, in the amount of $80,568.63.
- BID NO. 08-04 - EPOXY PERMANENT PAVEMENT STRIPING -
Upon the recommendation of Mr. Flanigan, motion was made by Commissioner Lockhart, seconded by Commissioner Demmler and unanimously carried to award Bid No. 08-04 to Midlantic Marking, Inc., for a total price of .20 per LF or estimated bid total of $33,800.
- BID NO. 08-06 - WHEEL LOADER -
Upon the recommendation of Mr. Flanigan, motion was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried to award Bid No. 08-06 to Alban Tractor, Inc., in the amount of $381,885.
- DEED OF EASEMENT - WINFIELD, LLC - STORMWATER & DRAINAGE -
Upon the recommendation of Mr. Flanigan, motion was made by Vice President Guns, seconded by Commissioner Tome and unanimously carried to accept the Deed of Winfield, LLC for the subdivision known as Winfield, Section Two.
- DEED - SUNNYBROOK ESTATES, SECTION 4 - ROAD & UTILITY EASEMENT -
Upon the recommendation of Mr. Flanigan, motion was made by Vice President Guns, seconded by Commissioner Tome and unanimously carried to accept to Deed of Sunnybrook Estates, Section 4 from Gemcraft Homes Forest Hill, LLC.
- GRANT OF EASEMENT - STONY RUN APARTMENTS -
Upon the recommendation of Mr. Flanigan, motion was made by Vice President Guns, seconded by Commissioner Lockhart and unanimously carried to approve the right of way easement between Stony Run Associates, LP, the Town of North East and the Board of County Commissioners.
- BUDGET AMENDMENT NOS. - 19 - 21 & Amended CIP
Motion was made by Commissioner Demmler seconded by Vice President Guns, seconded by Commissioner Tome, and unanimously carried to approve Budget Amendments Nos. 19 - 21 and the amended CIP. 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 Tuesday, September 18, 2007 at 7:00 p.m. at the County Administration Building, 107 North Street, Elkton, MD 21921.
There being no further business of the County Commissioners, the meeting concluded.
_____________________________
Alfred C. Wein, Jr.
County Administrator
Approved:
____________________________
William C. Manlove, President