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COMMISSIONERS MEETING
November 18, 2008
The Board of County Commissioners for Cecil County met in regular session at the Perryville Town Hall, 515 Broad Street, Perryville, MD. The following members of the Board were present: William C. Manlove, President 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 work session on October 7, 2008 at 10:00 A.M., motion was made by Commissioner Tome, seconded by Commissioner Lockhart and unanimously carried pursuant to the State Government, Annotated Code of Maryland 10-508 (a) (1) personnel matters; (7) legal advice and (14) negotiations. Present: Commissioners Manlove, Guns, Demmler, Lockhart & Tome, County Administrator Wein, County Attorney Wilson, Director Donna Nichols and Director Scott Flanigan. Topics of Discussion: Request to fill positions; Sandy Cove Ministries meeting, relating to waste water services; request from Windsor Company relating to Herron Lakes storm water project; Collective Bargaining Bill; pending litigation and County take home vehicles.
The Board adjourned into a closed session at its work session on October 14, 2008 at 10:30 A.M., motion was made by Commissioner Demmler, seconded by Commissioner Guns and unanimously carried pursuant to the State Government, Annotated Code of Maryland 10-508 (a) (1) personnel matters; (7) consult with counsel to obtain legal advice; and (14) negotiations. Present: Commissioners Manlove, Guns, Demmler, and Lockhart; County Attorney Wilson; Director Nichols. Topics of Discussion: Request to fill positions; Employee Flex Schedule; Indian Acres scheduling update.
The meeting of the Board of County Commissioners for Cecil County, November 18, 2008 was called to order by Commissioner Manlove at 7:00 p.m. and opened with the Pledge of Allegiance.
The following minutes were unanimously approved:
October 7, 2008 regular Board Meeting; October 7, 2008 Board of Health Meeting Meetings; October 7, 2008 Worksession Minutes; October 7, 2008 Closed Session Minutes; October 14, 2008 Worksession Minutes; October 14, 2008 Closed Worksession Minutes; and October 21, 2008 Regular Board Meeting Minutes.
-COMMISSIONERS' COMMENTS-
The Board welcomed everyone present to the Town of Perryville, no further comment.
- TREASURER'S REPORT -
Pamela Howard, Treasurer for Cecil County, presented the cash report for the period ending October 31, 2008. A copy of this report is attached hereto and incorporated into these minutes.
- PUBLIC HEARINGS -
- APPLICANT, BRACEBRIDGE HALL, GROVE NECK ROAD, EARLEVILLE, MD, ELECTION DISTRICT 1, TAX MAP: 61, PARCEL 12, REQUEST FOR GROWTH ALLOCATION TO CHANGE 40 ACRES FROM RESOURCE CONSERVATION AREA (RCA) TO LIMITED DEVELOPMENT AREA (LDA) - David H. Parrack, Attorney and James Keefer, Project Engineer, representing Chaffin/Light Associates appeared before the Board and presented a request to change 40 acres from Resource Conservation Area (RCA) to Limited Development Area (LDA) for the proposed Bracebridge Estates project. Revisions to the plan creates clustering of the critical area, and is consistent with the goals of the Critical Area Laws and Cecil County Zoning Ordinance, placing the septic system in a limited buffer area of 25 acres located along the Back Creek area, adjoining Indian Acres.
Eric Sennstrom, Director of Planning & Zoning, advised that the Planning Commission forwarded a recommendation of approval of this growth allocation at their October meeting.
COMMENTS SUPPORT/OPPOSITION - No Comments.
This matter will be placed on the Board's agenda for consideration at their December 2, 2008 meeting.
- REQUEST FOR AMENDMENT TO THE MASTER WATER & SEWER PLAN TO INCLUDE SEVERAL NEW PARCELS OF LAND LOCATED ALONG ELK MILLS ROAD NEAR ELK MILLS, MD INTO THE W-2 AND S-2 CATEGORIES. TAX MAP 21, PARCELS 90 & 102 (EASTERN STATES DEVELOPMENT CO., INC,); PARCEL 244 (TRUSTEES OF BALDWIN M.E. CHURCH); PARCELS 12 & 834 (ELK FORGE BED & BREAKFAST), C/O HARRY & LEANN LENDERMAN) -
Mike Pugh, Corridor Land Services, representing Eastern States Development, Trustees of Baldwin Church. The Elk Forge Bed & Breakfast, by Mr. Harry Lenderman, has requested to be withdrawn from this application and Mr. Pugh requested that the Board amend the application accordingly.
Attorney Wilson upon review of the request of Elk Forge Bed & Breakfast, Harry Lenderman, recommended that the Board vote on the amendment.
Vice President Guns made a motion to withdraw the Elk Forge Bed & Breakfast from the application for amendment to the Master Water & Sewer Plan. The motion was seconded by Commissioner Lockhart and unanimously carried to amend the application.
Mr. Pugh presented a copy of the approved concept plan for Baldwin Mills, based upon extension of water and sewer service, located within the growth area of the Comprehensive Plan. Artesian Water Company, Inc., based on current conditions; projects of growth within its service territory; pending approval of the service territory by the Maryland Public Service Commission and Cecil County, is willing to provide the required water and wastewater service for the project. Eastern States Development requests the amendment prior to preliminary approval so that a mutual engineering of their project in connection with Artesian's overall goals.
The Cecil County Planning Commission recommended disapproval and suggested that this project should be given preliminary approval prior to granting amendment to Master Water & Sewer Plan. The Planning Staff recommended approval of the amendment to the Master Water & Sewer Plan as presented by Director Sennstrom.
COMMENTS SUPPORT/OPPOSITION:
Patrick Doordan, 39 Plum Shore Road, North East, MD - commented in support of this project, as a member of the Planning Commission and the Comprehensive Plan Committee, this comment is based solely on his personal opinion. He advised the Board that this plan fall within the growth corridor and is in accordance with the Comprehensive Plan.
Douglas Court, adjacent property owner, spoke in opposition to the request and suggested that this land be purchased for the use of a regional park.
Elwood Bryan, Elk Mills, MD - commented that adjoining properties, lots 92, 93, 94, 95, 356, 560 and 88 are opposed to the project.
Carl Hauser, 736 Elk Mills Road, Elk Mills, MD - commented about safety concerns with emergency entrance and exit for this project.
Mr. Royston, 144 Baldwin Church Road, Elkton - commented in opposition to the project.
- PUBLIC COMMENT -
Christine Reeves, 432 Goosemar Road, commented relative to the petition to name a private lane that will be introduced this evening. The residents have continual problems with fire company, Fed-Ex, UPS, proposing to name the private lane for those purposes.
David Reeves, commented in favor of the petition to name a private lane.
Joe Meadows, 284 Little New York Road, Rising Sun, MD - commented relating to the petition to name a private lane, and stated he owns the road maintenance agreement for the lane, and owns the gravel pit behind the properties, and spoke in opposition to the naming of the private lane.
County Attorney Wilson advised that he has reviewed the road maintenance agreement that was completed in 1997.
Resident of Calvary Lane, name unintelligible, spoke in opposition to the road name change.
- INTRODUCTORY ITEMS -
- APPLICATION TO NAME A PRIVATE ROAD, GRAVEL LANE OFF OF GOOSEMAR ROAD, PROPOSED ROAD "REEVES RANCH ROAD" -
Director Eric Sennstrom, Office of Planning & Zoning presented an application filed by David T. Reeves, 432 Goosemar Road, Rising Sun. MD to name a gravel lane off of Goosemar Road, located between Red Toad Road and Theodore Road to "Reeves Ranch Lane". The Petition was signed by the majority property owners of the lane.
This matter will be placed on the Board's agenda at their December 2, 2008 meeting for consideration.
- POLICE MUTUAL AID AGREEMENTS, BETWEEN THE CECIL COUNTY SHERIFF'S OFFICE AND THE TOWN OF RISING SUN - EMERGENCY ASSISTANCE AND MOTOR VEHICLE LAW ENFORCEMENT -
County Administrator Wein presented two Police Mutual Aid Agreements between the Cecil County Sheriff's Office and the Town of Rising Sun for the purposes of Emergency Assistance and Motor Vehicle Law Enforcement between the two agencies.
The agreements will be presented for consideration at the Board's December 2, 2008 meeting for consideration.
- CECIL COUNTY ROADWAY CLASSIFICATION MAP - REQUEST TO CHANGE CLASSIFICATION FOR BELLE HILL ROAD -
Leonard Wilson, Esquire, representing, William McCool and Associates, contract purchasers of a tract of land, south of Belle Hill Road, and presented the Board a request for a reclassification of Belle Hill Road from a "local" road classification" to a "collector" road, based upon a study completed in April, 2007, the "Cecil County Roadway Strategic Plan". The study concluded that Belle Hill Road is in fact a "collector road". This request is sought for a future proposed "planned unit development that will be located in this Development District, wherein the entrance would be located off of Belle Hill Road.
This matter will be placed on the Board's agenda at the December 2, 2008 meeting.
- FY 2010 ANNUAL TRANSPORTATION PLAN -
County Administrator Wein presented the FY 2010 Transportation Plan as presented by Senior Services & Community Transit at the Board's November 5, 2008 meeting.
Motion to approve the FY 2010 Annual Transportation Plan was made by Vice President Guns, seconded by Commissioner Lockhart and unanimously carried to approve. A copy of the resolution is attached hereto and incorporated into these minutes.
- RESOLUTION - CECIL COUNTY AGRI-TOURISM SIGNAGE PROGRAM -
County Administrator Wein presented a resolution that upon approval would establish an Agri-Tourism signage program as introduced at the Board's November 5, 2008 meeting.
Motion to approve was made by Vice President Guns. The motion was retracted by Vice President Guns.
Motion to disapprove the motion was made by Commissioner Demmler, the motion was seconded by Commissioner Tome, and carried by a majority vote.
Vice President Guns commented that he is in favor of this program; it was approved earlier in the fiscal year. He is concerned that two former County Commissioners are the first of the applicants; however, both applicants qualify and meet the criteria for the program.
Commissioner Demmler stated that she is opposed to the concept and that the role of the government is not to spend money for the promotion of any business.
VOTE: Manlove - Y; Guns - N; Demmler - Y; Lockhart - Y; Tome - Y
- RESOLUTION - NORTH EAST BAKERY DEPOT, LLC, T/A H&S BAKERY, ENTERPRISE ZONE PROPERTY TAX CREDITS -
County Administrator Wein presented the resolution that was presented at the November 5, 2008 meeting granting Enterprise Zone Property Tax Credits for the North East Bakery Depot, T/A H&S Bakery, located in the North East Commerce Center.
Motion to approve the resolution was made by Commissioner Demmler, seconded by Vice President Guns and unanimously carried to approve.
- DEPARTMENT OF PUBLIC WORKS -
Scott Flanigan, Director, Director of Public Works presented the following DPW items:
- BID AWARD CONTRACT NO. 09-17 - ROADS DIVISION, MOWER PACKAGE-
Upon the recommendation of Director Flanigan, motion to award, Bid No. 09-17 to Atlantic Tractor, Inc., in the amount of $169,849 was made by Commissioner Lockhart, seconded by Commissioner Tome and unanimously carried to approve.
- ANNOUNCEMENT OF PUBLIC HEARING -
Director Flanigan advised the Board that the proposed draft plan of the Solid Waste Management Plan will be presented during a public hearing on December 2, 2008 at the County Administration Building in Elkton.
- BID AWARDS -
- RFP 09-01 - DESIGN PERMIT & CONSTRUCT NEW COLORA MEDIC STATION -
Motion to cancel RFP 09-01 for the Design, Permit & Construct a New Colora Medic Station, as a result of all applicable bidders exceeding the allocated costs, was made by Vice President Guns, seconded by Commissioner Demmler and unanimously carried. This RFP will be re-evaluated by the Department of Emergency Services and submitted at a later time.
- RFP 09-02 IMPACT OF VIDEO LOTTERY TERMINAL GAMING (SLOTS) -
Motion to award RFP 09-02 as recommended by the Evaluation Committee, was made by Commissioner Lockhart, seconded by Commissioner Tome and unanimously carried to award the contract to Urban Analytics, Inc., in the amount of $49,875.00.
- RFP 09-16 - BARD CAMERON BASEBALL RELOCATION OF ELECTRICAL SERVICE -
Motion to award contract for RFP 09-16, as recommended by the Board of Parks & Recreation was made by Commissioner Tome, seconded by Vice President Guns and unanimously carried to McGlothlin & Benham in the amount of $6,950.00.
- RFP 09-03 - BARD CAMERON BASEBALL FIELD DUGOUTS -
Motion to award contract for RFP 09-03, as recommended by the Board of Parks & Recreation, was made by Commissioner Tome, seconded by Vice President Guns and unanimously carried to McComsey Builders in the amount of $24,720.
- BUDGET AMENDMENTS NOS. - 36, 37 & BOARD OF EDUCATION AMENDMENT -
Motion was made by Vice President Guns, seconded by Commissioner Lockhart and unanimously carried to approve Budget Amendments 37, 37 & Board of Education Amendment. 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 December 2, at 7:00 p.m. at the County Administration Building, Elkton, MD.
There being no further business of the County Commissioners, the meeting concluded. > |