BOARD OF COUNTY
COMMISSIONERS MEETING
March 4, 2003
The Board of County Commissioners for Cecil County met in regular session in the County Board Room, 107 North Street, Elkton, Cecil County, Maryland on Tuesday, March 4, 2003. The following members of the Board were present:
Nelson K. Bolender, President
Phyllis Kilby, Commissioner
Harry A. Hepbron, Commissioner
William C. Manlove, Commissioner
Mark H. Guns, Commissioner
Constituting a full Board.
The meeting was called to order by President Bolender at 7:00 p.m. and opened with the Pledge of Allegiance:
- MINUTES –
The minutes of the Board of County Commissioners February 4, 2003 were unanimously approved.
The minutes of the Board of Health February 4, 2003 were unanimously approved.
The minutes of the Rezoning Hearing February 24, 2003 were unanimously approved.
- PUBLIC HEARING –
- NOMINATION FOR HISTORIC DESIGNATION – 2003-01: Clendenin-Freeman Farm, 91 Freeman Circle, Port Deposit, MD; Owners: James & Ann Freeman. The England Family Farm, 961 England Creamery Road, Rising Sun, MD; Owners: Robert C. England, William G. England, George W. England, and Isabella E. Marshall.
David Black, Office of Planning, Zoning, Parks & Recreation presented to the Board for Historic Designation the Clendenin Freeman Farm, Owners: James & Ann Freeman; Tax Map 17; Parcels: 16 & 17. Presently zoned Northern Agricultural Residential, (NAR). This application was approved by the Historic District Commission on February 4, 2003 and the Planning Commission on February 24, 2003. The Freeman Family has owned this farm since 1870.
Mr. Black presented to the Board for Historic Designation the England Family Farm, Owners: Robert C. England, William G. England, George W. England, and Isabella E. Marshall, Tax Map 11; Parcels 9 & 369; Presently Zoned Northern Agricultural Residential, (NAR). This application was approved by the Historic District Commission on February 4, 2003 and the Planning Commission on February 24, 2003.
A motion was made by Commissioner Kilby to approve the Historic Designation for the Clendenin Freeman Farm, seconded by Commissioner Guns, and unanimously carried.
A motion was made by Commissioner Kilby to approve the Historic Designation for the England Family Farm, seconded by Commissioner Hepbron, and unanimously carried.
- INFORMATIONAL ITEMS –
Commissioner Guns commended the Department of Public Works and the Roads Division for the excellent work of snow removal during the recent storms.
Commissioner Kilby attended the 4H Achievement Dinner recently, she commented favorably about the Cecil County Youth and their achievements. In addition she commented regarding her testimony in Annapolis with regard to the Upper Shore Regional Council, Cecil County is participating in with surrounding counties.
President Bolender stated that Budget Hearings will begin March 5, and should prove to be interesting, considering the cuts in state funding. President Bolender congratulated Mr. Hepbron with regard to his invitation to Karen Smith, Governor Ehrlich’s, Director of Intergovernmental Agencies. Ms. Smith will be visiting and touring Cecil County on Thursday, March 6. Mr. Hepbron will accompany her and show Ms. Smith all that Cecil County has to offer.
Commissioner Hepbron stated that he is very concerned with the increasing prices in the economy. He also commended the Road Crew’s in their efforts during the recent snow.
Commissioner Manlove presented to the Board his proposal for a Moratorium preventing any new subdivisions in (NAR) and (SAR) zoned areas for a period of 180 days, or until the adoption and implementation of the Comprehensive Plan is completed.
- DES, INFORMATION CALENDAR CONTEST WINNERS –
Frank Muller, Director Emergency Services introduced representatives from
the Department of Emergency Services, Robin Coyle, Rachael Brannon. Fran Reining, representing Exelon was also present. They coordinated the EMS Information Calendar Contest for 2003. Calendars are distributed annually to all residents within a ten-mile radius of the Peach Bottom Plant. The winners were announced, those who were in attendance received a certificate and a Wal-Mart Gift Card, donated by Exelon.
- PLANNING COMMISSION – ANNUAL REPORT – 2002
David Black, Office of Planning, Zoning, Parks & Recreation presented to the Board the Planning Commission’s Annual Report. The Planning Commission Report was adopted at their February 24, 2003 meeting. This report contains an executive summary of the planning activities for calendar year 2002 including major and minor subdivision, rezoning, special exceptions, variances and appeals, site plan activity, zoning violations, historic district applications, agriculture preservation initiatives and building permit activities. Additionally the report details the membership and duties of the various Boards and Commissions with which the Planning Office interacts on a regular basis. The report also includes selected information by election district.
- NEIGHBORHOOD YOUTH PANEL UPDATE –
Dawn Rodenbaugh, Coordinator of the Neighborhood Youth Panel presented to the Board an update of the Neighborhood Youth Panel. This program works in conjunction with the Department of Juvenile Justice and various police agencies throughout the County. It allows first time juvenile offenders that have been charged with a misdemeanor offense to participate in various community service activities and counseling and diversion programs, rather than going before the Juvenile Court. Ms. Rodenbaugh reported that of the youths that have been referred 78% have not re-offended.
- PUBLIC COMMENT –
Ed Cairns – spoke on behalf of the Appleton Regional Alliance Council and their concerns regarding the restriction of gas stations in (BL) Zones. The Council concerns are with the ordinance allowing gas stations in (BL) Zones and the impact on residential areas they create. This includes noise and light pollution, risk of well contamination and increased traffic. He additionally stated that the areas are now a target for increased crime and drug trafficking .
Roland Wills – congratulated Mr. Manlove on his proposal for a moratorium. He continued with a myriad of complaints regarding the Montgomery Oaks Subdivision. He stated conditions of roads and snow removal in that area.
Vance Fields – commented with regard to the inadequate snow removal in his development and the fact that it was not plowed. He is concerned with the health and well being of the residents, and the fact if there would had been an emergency, essential personnel would not have been able to access the area. He also agreed with the proposal for a moratorium, due to inadequate water supply within the County.
Joseph Carrabetta – commented regarding the Bainbridge Development Plan. He stated that the housing element is much too large. According to Mr. Carrabetta, there is not a balance between houses and businesses in the plan. He also commented favorably regarding the proposed moratorium.
Cynthia Rossetti – commented regarding the proposed moratorium and the fact that the present Comprehensive Plan was a business plan that was devised to work with the development corridor that still does not exist. Ms. Rossetti stressed the importance of the preservation of the northern and southern agricultural districts that should be preserved. She added that approximately 600 building permits are issued each year, with 75% of those permits in the areas the County should be preserving.
Jim Mullen – spoke with regard to the WILMAPCO Presentation at the last Board Meeting and the fact that he does not want Cecil County to turn into another New Castle County. He encouraged the Board to consider the Planning Commission’s recommendation for a review of the Comprehensive Plan.
Elaine Ore – spoke regarding growth allocation within Cecil County and recent meetings that she has attended in the past six months. The majority of the residents in the County do not want un-controlled growth. They do not want to become another Harford or New Castle County.
Tom McWilliams – commended the Department of Public Works Roads Division for the snow removal job that was performed. In addition he stated that the proposed moratorium is a reasonable proposal.
Mr. Ronald – thanked Commissioners Bolender, Kilby and Hepbron for helping citizens in North East several years ago, after Hurricane Floyd with some existing odor problems at the central landfill. Efforts have been continuing on this project and those efforts are greatly appreciated. Mr. Ronald would also like to appeal to all Commissioners regarding uncontrolled growth.
Mr. Rossetti – commented with regard to the Comprehensive Plan and what ideas for conducting a review of the plan. Including the general citizenry, conservation planning, and effective leadership would be most helpful in this effort.
John Belinski – resident from Irishtown Road in North East, spoke relative to density and setbacks. He also spoke favorably of the Planning Commission’s recommendations relating to the Comprehensive Plan.
- APPOINTMENTS – COMMUNITY ADULT REHABILITATION CENTER CITIZENS’ ADVISORY BOARD
Motion was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried to appoint the following persons as members of the Community Adult Rehabilitation Center Citizens’ Advisory Board for a four-year term to expire on January 1, 2007:
Josh Brown, P.O. Box 130, Elkton, MD
Betty Eliason, 271 Hutton Road, Elkton, MD
Bernard James, P.O. Box 463, Perryville, MD
Scott Mackie, 51 Ulmer Lane, North East, MD
Michael J. Lipka, Sr., 216 North Main Street, Port Deposit, MD
Jerry Cline, 78 Overbrook Lane, Elkton, MD
Pete Tyson,
139 Plum Creek Rd., North East, MD
Caroline Jones, 31 Hatteras Court, Elkton, MD
Jim Reynolds, 25 Hillside Lane, P.O. Box 49, Perryville, MD
Frank
Nutter, P.O. Box 205, 1577 Turkey Point Road, North East, MD
- APPOINTMENTS – COMMISSION FOR WOMEN –
Motion was made by Commissioner Kilby, seconded by Commissioner Guns and unanimously carried to appoint the following persons as members of the Commission for Women for a three-year term to expire on September 8, 2005:
Mie Mie Joe Strickler, 192 Blake Road, Elkton, MD
Karen Winkowski, Cecil County Health Dept., 401 Bow Street, Elkton, MD
- APPOINTMENT – BOARD OF PARKS & RECREATION –
Motion was made by Commissioner Kilby, seconded by Commissioner Manlove and unanimously carried to appoint the following person as a member of the Board of Parks & Recreation for a three-year term to expire on December 31, 2005:
Rex Sizemore, Peoples Bank of Elkton, 130 North Street, Elkton, MD
- APPOINTMENT – CECIL SOIL CONSERVATION DISTRICT –
Motion was made by Commissioner Kilby, seconded by Commissioner Guns, and unanimously carried to appoint the following person as a member of the Cecil Soil Conservation District for a four-year term to expire on January 1, 2007.
Bruce Yerkes, 103 Green Meadow Drive, Elkton, MD
- APPOINTMENT – AGRICULTURAL PRESERVATION BOARD
Motion was made by Commissioner Kilby, seconded by Commissioner Guns, and unanimously carried to appoint the following persons as members of the Agricultural Preservation Advisory Board for a five-year term to expire on August 1, 2007:
Stephen Balderston, 1265 Colora Road, Colora, MD
Fred Orr, Sr., 791 Post Road, Rising Sun, MD
- PERSONNEL –
Ms. Donna Nichols, Director of Human Resources, presented the personnel items. Upon recommendation by Ms. Nichols, motion was made by Commissioner Hepbron, seconded by Commissioner Kilby and unanimously carried to accept the following resignations/terminations:
Randy K. Massie, Jr., Solid Waste Management
Linda M. Krauss, Permits & Inspections
Lawrence D. Dixon, Roads Division
Marilyn Rodriguez, On-call substitute House Manager
Maurice Brown, Economic Development
Paul Shiel, Sr., Equipment Operator
Herbert K. Hamilton, Termination, Laborer
Nathalie Ramirez, Human Resources
Upon recommendation by Ms. Nichols, motion was made by Commissioner Kilby, seconded by Commissioner Manlove and unanimously carried to accept the following appointments:
Michael Price, On-Call Paramedic, EMS, $15.76/hr (grade 7P)
Kelly Harlinski, Part-time House Manager, Domestic Violence, $10.46/hr.
(grade 4)
Christina Balint, On-Call substitute House Manager, Domestic Violence $10.46/hr (grade 4)
Stephanie Bender, OSA, Permits & Inspections, $9.21/hr (grade 3)
James R. Zell, Operator Trainee, Water & Wastewater, $12.06/hr (grade 5)
Upon recommendation by Ms. Nichols, motion was made by Commissioner Manlove, seconded by Commissioner Kilby and unanimously carried to accept the following transfer:
Mark A. Reeder, Sr., from Landfill to Roads, position & salary remain the same.
- INTRODUCTION OF RESOLUTION- VICTORIA PARK, LLC
Al Wein, County Administrator introduced a Resolution and Agreement for Payment in Lieu of Taxes between the Board and Victoria Park, LLC. Victoria Park LLC is the developer of a fifty unit housing unit in the Town of North East. This housing unit will serve elderly citizens of low to moderate-income levels. Action on this resolution will take place on March 18, 2003.
- RESOLUTION – POLICE MUTUAL AID AGREEMENT –
Upon recommendation of County Administrator Wein, a motion was made by Commissioner Kilby, seconded by Commissioner Guns and unanimously carried to accept the Mutual Aid Agreement between Kent and Cecil County, Maryland.
- DEPARTMENT OF PUBLIC WORKS – BID AWARDS –
Upon recommendation of Matt Carter, Director, Public Works Division, motion was made by Commissioner Kilby, seconded by Commissioner Guns and unanimously carried to accept the recommendation of Award Bid No. 03-01, Refuse Disposal Compactor. Bid award goes to Al-Jon in the amount of $493,427.00
Upon recommendation of Mr. Carter, motion was made by Commissioner Manlove, seconded by Commissioner Kilby and unanimously carried to accept the recommendation of Award Bid No. 03-023, Sanitary Sewer Improvements, North East Sanitary Subdistrict, Md. Rt. 7 (Cecil Avenue) & North Bound Md. Rt. 272 (Mauldin Ave.) Bid Award goes to JJID in the amount of $993,442.00.
Upon recommendation of Mr. Carter, motion was made by Commissioner Kilby, seconded by Commissioner Guns and unanimously carried to accept the recommendation of Award Bid No. PW 01-02, Carpenter’s Point Wastewater Collection System, Phase I, Bid Award goes to Dixie Construction Company in the amount of $3,643,663.00.
- GRANT OF EASEMENT BETWEEN DAVID H. AYERS AND THE BOARD OF COUNTY COMMISSIONERS OF CECIL COUNTY FOR A PERMANENT UTILITY EASEMENT –
Upon recommendation of Mr. Carter, motion was made by Commissioner Kilby, seconded by Commissioner Manlove and unanimously carried to accept the Grant of Easement between David H. Ayers and the Board of County Commissioner of Cecil County a variable width permanent utility easement on Razor Strap Road, North East, MD.
- EASEMENT AGREEMENT BETWEEN NANCY A. DENNIS AND THE BOARD OF COUNTY COMMISSIONERS OF CECIL COUNTY FOR CONSTRUCTION AND MAINTENANCE OF A DRAINAGE EASEMENT ON THE ESTATES OF WALNUT LANE.
Upon recommendation of Mr. Carter, motion was made by Commissioner Kilby, seconded by Commissioner Guns and unanimously carried to accept the Easement Agreement between Nancy A. Dennis and the Board of County Commissioners for construction and maintenance of a drainage easement on the Estates of Walnut Lane.
- DEED BETWEEN MONTGOMERY BROTHERS, INC. AND THE BOARD OF COUNTY COMMISSIONERS OF CECIL COUNTY FOR MONTGOMERY DRIVE FOR DESIGNATION OF UTILITY AND DRAINAGE EASEMENTS –
Upon recommendation of Mr. Carter, motion was made by President Bolender, seconded by Commissioner Hepbron and unanimously carried to accept the Easement Agreement between Montgomery Brothers Inc., and the Board of County Commissioners for the purposes of utility and drainage easements on Montgomery Lane.
- DEED BETWEEN JOACHIM SCHNEIDER, PERSONAL REPRESENTATIVE OF THE ESTATE OF ELMER H. DAWSON AND THE BOARD OF COUNTY COMMISSIONERS OF CECIL COUNTY –
Upon recommendation of Mr. Carter, motion was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried to accept the Deed between Joachim Schneider, Personal Representative of the Estate of Elmer H. Dawson to improve and maintain a Sanitary Sewer Pumping Station along Woodall Road.
- CONTRACT FOR ADMINISTRATION OF A STORMWATER MANAGEMENT PROGRAM BETWEEN THE TOWN OF CHESAPEAKE CITY AND THE BOARD OF COUNTY COMMISSIONERS OF CECIL COUNTY AND THE TOWN OF RISING SUN AND THE BOARD OF COUNTY COMMISSIONERS OF CECIL COUNTY –
Upon recommendation of Mr. Carter, motion was made by Commissioner Kilby, seconded by Commissioner Guns to accept the Contracts of Administration of Storm Water Management Program with the Towns of Chesapeake City and Rising Sun, respectively and the Board of County Commissioners.
Motion was made Commissioner Hepbron, seconded by Commissioner Manlove to approve Budget Amendments 98 – 106.
The next meeting will be held on March 18, 2003 in the Town of Chesapeake City, MD.
Meeting adjourned.