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COMMISSIONERS MEETING
October 20, 2009 The Board of County Commissioners for Cecil County met in regular session at the Rising Sun Town Hall, 1 East Main Street, Rising Sun, MD. The following members of the Board were present: Brian L. Lockhart, President Rebecca J. Demmler, Vice President Robert J. Hodge, Commissioner James T. Mullin, Commissioner
Constituting a majority Board.
The Board adjourned into a Closed Session at its work session on October 13, 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) (3) consider the acquisition of real property for a public purpose and matters directly related thereto; (7) consult with counsel to obtain legal advice. Present: Commissioners Lockhart, Demmler, Tome, Hodge and Mullin; Director Scott Flanigan; H. Norman Wilson, Counsel; Administrator Wein; Director Sennstrom and Vicky Rinkerman. Topics of Discussion: Matter relating to the consideration of real property acquisition for a public purpose (scenic easement 114 acres, Mt. Ararat Farm). Meeting adjourned at 12:00 noon.
The Board adjourned into a Closed Session at its work session on October 20, 2009 at 11:15 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; (3) consider the acquisition of real property for a public purpose and matters directly related thereto; (7) consult with counsel to obtain legal advice. Present: Commissioners Lockhart, Demmler, Tome, Hodge and Mullin; County Administrator Alfred Wein; Director Eric Sennstrom; H. Norman Wilson, Counsel, and Vicky Rinkerman. Topics of Discussion: Performance appraisals process for department heads/Administrator; legal updates – Indian Acres, North East Public Service Commission; Mt. Ararat Easement. Meeting adjourned at 12:30 P.M. The meeting of the Board of County Commissioners for Cecil County, October 20, 2009, 2009 was called to order by Commissioner Lockhart at 7:00 p.m. and opened with the Pledge of Allegiance.
The following minutes were unanimously approved by the Board:
September 29, 2009 (as amended) Worksession Minutes September 29, 2009 Closed Worksession Minutes October 6, 2009 Rezoning Minutes October 6, 2009 Board Meeting Minutes October 6, 2009 Board of Health Minutes
-COMMISSIONERS' COMMENTS-
Commissioner Mullin – welcomed everyone to Rising Sun.
Commissioner Demmler – also welcomed everyone and thanked the Town of Rising Sun. Additionally, she recognized the Comprehensive Oversight Committee for their hard work.
Commissioner Hodge – thanked the Town for hosting the meeting and welcomed everyone in attendance.
- PUBLIC HEARINGS –
CECIL COUNTY MASTER WATER & SEWER PLAN – TEXT AMENDMENT: 4.1.7 B & Section 3.2.3.A –
Director Eric Sennstrom presented a public hearing and proposed the amendment of Section 4.1.7.B. Port Deposit. The new language will reflect the transfer of Town wastewater collection and treatment system to County and construction of sewerage conveyance line from Port Deposit to the North East Advanced Wastewater Treatment Plant to accommodate a three-phase project by the Town of Port Deposit.
The Planning Commission recommended disapproval of this text amendment at their meeting on October 19, 2009.
COMMENTS SUPPORT/OPPOSITION – None.
The text amendment will be presented to the Board for consideration at the November 3, 2009 Board of County Commissioners meeting.
- CECIL COUNTY MASTER WATER & SEWER PLAN – SEWER SERVICE AREA MAP AMENDMENT-
Director Sennstrom presented at public hearing a request to add an S-2 service area along MD Rt. 222 between Port Deposit and Perryville to reflect the contemplated transmission line from Port Deposit to the North East Advanced Wastewater Treatment Plant.
The Planning Commission recommended approval of this amendment at their meeting on October 19, 2009.
COMMENTS SUPPORT/OPPOSITION – None.
The amendment will be presented to the Board for consideration at the November 3, 2009 meeting of the Board of County Commissioners.
- CECIL COUNTY MASTER WATER & SEWER PLAN - TEXT AMENDMENT – TOWN OF CHARLESTOWN –
Director Sennstrom presented at public hearing a request for a text amendment to the Cecil County Master Water & Sewer Plan Section 3.2.3.a relative to the Charlestown water system to increase the daily flow to 207,000 gpd and 300,000 gpd for the month of maximum use.
The Planning Commission recommended approval of the amendment at their October 19, 2009 meeting.
COMMENTS SUPPORT/OPPOSITION: None.
The amendment will be presented to the Board for consideration at the November 3, 2009 meeting.
- PUBLIC COMMENT-
Adam Streight, President FOP, Lodge #2 – On behalf of the FOP requested support in placing on the 2010 ballot a referendum allowing law enforcement deputies of the Cecil County Sheriff's Office the right to collectively bargain with the County Commissioners and Sheriff for wages, benefits, and working conditions with binding arbitration as a means of conflict resolution. He presented the Board with a petition signed by approximately 1000 Cecil County residents supporting this request.
Rodney Bartlett, President, Maryland State FOP – spoke in support of the request by the Cecil County Sheriff's deputies for a referendum on the 2010 ballot the right to collectively bargain through binding arbitration.
Obie Atkins, Anne Arundel Co. FOP – spoke in support of the request by the Cecil County Sheriff's Deputies for a referendum on the 2010 ballot the right to collectively bargain through binding arbitration.
Bill Wadsworth, State Representative, Lodge 124, Elkton Police Dept. – spoke in support of the request by the Cecil County Sheriff's deputies for a referendum on the 2010 ballot the right to collectively bargain through binding arbitration.
Chris Zeouskus, Elkton – encouraged the Board to support the deputies.
Chris Sutton, Elkton – as candidate for Sheriff, resident and business owner, supports the efforts of collective bargaining through binding arbitration.
Glen McIntire, President, Ocean City FOP – spoke in support of the request by the Cecil County Sheriff's deputies for a referendum on the 2010 ballot the right to collectively bargain through binding arbitration.
- INTRODUCTORY ITEMS-
- RESOLUTION – CECIL COUNTY SICK LEAVE POLICY RELATING TO PANDEMIC FLU-
Director Donna Nichols introduced a resolution to the Board concerning the Cecil County Sick Leave Occurrence Policy relating to the Pandemic Flu. The resolution states that in the event employees affected by this virus will not be charged with an occurrence for leave time use which is attributed to the H1N1 virus as long as medical documentation is submitted for the period of October, 2009 – April, 2010.
The resolution will be presented to the Board for consideration at the November 3, 2009 meeting.
- RECERTIFY PRIORITY FUNDING AREA MAP- MD 222 BETWEEN PORT DEPOSIT AND PERRYVILLE –
Director Sennstrom presented as an introductory item, a request for recertification of the Priority Funding Area Map, proposing the inclusion of the area along MD Route 222 between Port Deposit and Perryville as a Priority Funding Area.
The Planning Commission recommended disapproval of the recertification at their October 19, 2009 meeting.
-ACTION ITEMS –
- CONDUIT BOND FINANCING – UNION HOSPITAL –
Cheryl Guth, Bond Counsel, McGuire Woods, LLP, presented the resolution introduced at the Board of County Commissioners meeting on October 6, 2009 for the issuance and sale of economic development revenue bonds of the County to be loaned to Union Hospital of Cecil County, Inc., in the amount of $16,000,000.
Motion to approve the resolution was made by Commissioner Hodge, seconded by Commissioner Demmler and unanimously carried. A copy of this resolution is attached hereto and incorporated into these minutes.
- REZONING DECISION, FILE NO. 2009-06 – JOPSON –
Director Sennstrom presented the rezoning request filed by Michael L. Jopson, File No. 2009-06 to rezone 15.64 acres from Development Residential, (DR) to Business General, (BG), located on the south side of Pulaski Highway, Elkton, MD pursuant to the public hearing held on October 6, 2009.
Motion to approve the rezoning request was made by Commissioner Hodoge, based upon substantial change in the character of the neighborhood, seconded by Commissioner Mullin and unanimously carried.
Commissioner Demmler commented that in this case, she found that a rezoning was appropriate and would support it.
- AMENDMENT TO THE CECIL COUNTY FOREST CONSERVATION REGULATIONS –
Director Sennstrom presented the amendment to the Cecil County Forest Conservation Regulations relating to the amendment of Article III, Section 3.2H; Article III, Section 3.2K; Article VI, Section 6.1B; Article VII, Section 7.2 and 7.2-1 and Article X, Section 10.1 to provide for the administration of forest conservation enforcement as presented during a public hearing at the Board's meeting of October 6, 2009 and recommended by the Cecil County Planning Commission.
Motion to approve the amendment was made by Commissioner Demmler, seconded by Commissioner Mullin and unanimously carried. A copy of this text amendment is attached hereto, and incorporated into these minutes.
- ORDINANCE NO. 2009-04 – AMENDMENT TO STANDARD SPECFICATIONS & DETAILS FOR WATER & SEWER MAINS –
Director Flanigan presented for consideration Ordinance No. 2009-04 amending the Standard Specifications and Details for Water & Sewer Mains within Cecil County and upon enactment replacing all versions and adopted by reference, within Chapter 265 of the Code of Cecil County as presented at the Board of County Commissioners meeting on July 21, 2009.
Motion to approve Ordinance 2009-04 was made by Commissioner Demmler, seconded by Commissioner Hodge and unanimously carried. A copy of this Ordinance is attached hereto and incorporated into these minutes.
- BID AWARD NO. 10-26 SOLID WASTE MANAGEMENT DIVISION – PORTABLE/SEMI PROTABLE LITTER FENCE-
Upon the recommendation of Director Flanigan, motion to award Bid No. 10-26 Portable Litter Fence, to Metta Technologies, in the amount of $49,207.60 was made by Commissioner Mullin, seconded by Commissioner Lockhart and unanimously carried.
- BID AWARD NO. 10-30-55002 – CARPENTER'S POINT WASTEWATER COLLECTION SYSTEM, PHASE III –
Upon the recommendation of Director Flanigan, motion to award Bid No. 10-30-55002, Carpenter's Point Wastewater Collection System, Phase III to Eastern States Construction in the amount of $1,196,681 was made by Commission Mullin, seconded by Commissioner Hodge and unanimously carried.
- BUDGET AMENDMENT NOS. 38 – 45 –
Motion was made by Commissioner Demmler, seconded by Commissioner Hodge and unanimously carried to approve Budget Amendment Nos. 38-45. 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 November 3, 2009 at 7:00 p.m. at the County Administrative Building, Chesapeake Blvd., Elkton, MD.
There being no further business of the County Commissioners, the meeting was adjourned. > |