MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

 

March 15, 2005

 

            The Board of County Commissioners for Cecil County met in regular session at the County Administrative Building on Tuesday, March 15, 2005.  The following members of the Board were present:

 

            Nelson K. Bolender, President

            Harry A. Hepbron, Vice President

            Phyllis Kilby, 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.

 

            The minutes from the February 15, 2005 Board of County Commissioners Meeting were unanimously approved.

 

            -COMMISSIONERS’ COMMENTS-

 

President Bolender – commented about a memo he received from the Department of the Army, advising the County that all of the mustard gas at Aberdeen Proving Ground has now been disposed of.

 

Commissioner Kilby – declined any comment.

 

Commissioner Guns – commented relative to the recent reunion that took place at the former George Washington Carver School.  He also commented about the meeting of the Sassafras River Community he recently attended.

 

Vice President Hepbron – welcomed the public to the meeting.

 

Commissioner Manlove – declined comment.

 

- TREASURER’S REPORT –

 

Pamela Howard, Treasurer for Cecil County, presented the Board with the monthly Treasurer’s Report as of February 28, 2005.

 

-          PROCLAMATION – NATIONAL AGRICULTURE WEEK –

 

            Vice President Hepbron presented a proclamation to John Lee, Chairman of the EDC Ag Board in honor of National Agriculture Week March 20 – 26, 2005.

 

-          PROCLAMATION – RED CROSS MONTH –

 

            President Bolender read a proclamation in honor of Red Cross Month, which has been designated for the month of March.

 

            - RT. 65 BUS SCHEDULE MODIFICATIONS –

 

            Dave Gula from DelDot presented the Board with several schedule modifications to the Rt. 65 Schedule which services Cecil County.  The service will be modified from four round trips per day, to two round trips per day, as a result of funding shortages. 

 

-PUBLIC HEARINGS-

 

-          NOMINATION FOR HISTORIC DESIGNATION – THE ONION BED –

 

            Eric Sennstrom, Director of Planning, Zoning, Parks & Recreation  presented the Board with a Nomination for Historic Designation from David and Linda Holsten for a property known as the Onion Bed, located at 3288 Blue Ball Road, North East, MD.  Mr. Sennstrom provided the historic and architectural characters of the property.  The Planning Commission recommended approval of the nomination.

 

COMMENTS SUPPORT/OPPOSITION:

 

None

 

            Motion was made by Commissioner Kilby, seconded by Commissioner Manlove and unanimously carried for approval for the Historic Designation of the Onion Bed.

 

-          NOMINATION FOR HISTORIC DESIGNATION – CHERRY HILL UNITED METHODIST CHURCH –

 

            Mr. Sennstrom presented the Board with a Nomination for Historic Designation from the Cherry Hill United Methodist Church Trustees.  Nancy Simpers appeared on behalf of the Church Trustees and provided the historic and architectural characters of the property.  The Planning Commission recommended approval of the nomination.

 

COMMENTS SUPPORT/OPPOSITION:

 

None

 

            Motion was made by Commissioner Kilby, seconded by Vice President Hepbron and unanimously carried for approval for the Historic Designation of the Cherry Hill Methodist Church.

           

-          TOWN OF ELKTON – REQUEST FOR AMENDMENT TO THE 2004 CECIL COUNTY MASTER WATER & SEWER PLAN –

 

            Officials from the Town of Elkton appeared before the Board and presented a request to amend the 2004 Cecil County Master Water & Sewer Plan, Chapter 4, Sewerage Systems, Section 4.1.5, Elkton; addressing the existing system, proposed system improvements, and sewer service areas. 

 

            Mayor Fisona, Administrator George and Planning Director Minner, appeared in support of this request.  Mayor Fisona stated that the request is based on the most current system status and the need for this section to reflect the 3.2 MGD wastewater treatment capacity targeted by the plant’s BNR/ENR upgrade and expansion project currently under design.

 

             Administrator George referred to a study and recommendations by KCI Technologies projecting the growth and development of the town over the next ten years and the need to enable additional capacity based on the actual average daily flow determined.  He stated that consistency between the Plan and Elkton’s design criteria is an important element in the Town’s qualification of the plant’s upgrade, as well as for the BNR/ENR grant funding to support the engineering and construction of the proposed plant.

 

            DEPARTMENT OF PUBLIC WORKS – INTRODUCTION – PROPOSED        FEE MODIFCATIONS AND PROPOSED CODE CHANGES –

 

            Matt Carter, Director of the Department of Public Works appeared before the Board and introduced a proposed amendment to Section 251-27 of the Stormwater Management Control Ordinance relative to the fee structure in the following areas: 

Street and storm drains, street signs, public utilities and pump stations, stormwater management and soil erosion and sediment control. This will be an action item at the April 5, 2005 Board of County Commissioners’ Meeting.  Tonight is the advertised public hearing.

 

            Mr. Carter further introduced a second proposed amendment relative to code changes within the Cecil County Code.  The changes will reflect new language regarding enforcement procedures in the event of non-compliance in the following sections:  242 (Road Code); 248 (Soil Erosion and Sediment Control), 251 (Stormwater Management) and 265 (Water and Sewer).  Section 200-2 would reflect a new requirement relative to street frontage within an established water and/or sewer district.  This will be an action item at the April 5, 2005 Board of County Commissioners’ Meeting.

 

PUBLIC COMMENT: 

 

Sandor Lipsic - commented regarding the proposed code changes.

 

Barry Montomery - commented regarding the proposed code and fee changes

 

Ron Demmler – commented regarding the proposed fee changes.

 

Mr. Carter went into further detail for explanation purposes of the code changes and the requirements with regard to the road frontage section.

 

Dwight Thomey, Counsel to the Board made clarification to the proposed changes.  He suggested that a variance provision may need to be considered.

 

Marsha Eldreth – commented relative to public facilities.

 

-          PUBLIC COMMENT –

 

Jim Rogers, Mission America – appeared before the Board and spoke in opposition to the establishment of slots and any gaming activity in Cecil County.

 

Dave Thompson, No Casino Cecil – spoke in opposition to slots in Cecil County.

 

Lawrence Jameson, No Casino Cecil – spoke in opposition to slots in Cecil County.

 

Harry Shaw, 26360 Arcadia Shores Circle, Easton, MD – spoke in opposition to slots in Cecil County.  He offered exhibits for the record.

 

Dr. Alan Dickerson, Maranatha Baptist Church – spoke to reaffirm his position to the Board relative to his opposition to slots in Cecil County.

 

Sharon Hamilton, 143 N. Hills Drive, Rising Sun – commented in opposition to slots in Cecil County.

 

John Viars, 151 Principio Road, Port Deposit, MD – commented in opposition to slots in Cecil County.

 

Dawn Coffin, 1995 Old Field Point Road – commented in opposition to slots in Cecil County and offered life experiences.

 

Amy Yarnell, Pastor, United Methodist Church – commented in opposition to slots in Cecil County.

 

Sandor Lipcsik 1407 Pebble Beach Drive, Elkton – commented in opposition to slots and offered his life experience.

 

Rev. John Gauger, P.O. Box 325 – commented in opposition to slots in Cecil County.

 

Ronald Rae – commented in support of slots in Cecil County.

 

Bryan Green, 2070 Old Field Point Road, Elkton – commented in opposition to slots in Cecil County and offered life experiences.

 

Kerry Wright – commented in opposition to slots in Cecil County.

 

-          APPOINTMENTS –

 

            Upon the recommendation of the Board of Directors of Cecil Partnerships for Children, Youth and Families, Inc., motion was made by Commissioner Kilby, seconded by Vice President Hepbron and unanimously carried to make the following appointments:

 

            Reappointments: 

 

            Dr. Richard Bayer                          Rex Sizemore

            Betty Johnson                                 Dr. W. Stephen Pannill

            Dr. Kenneth Lewis                          Dr. D. Rudolph

                                   

                                                Expiration Terms:  3/1/07

 

            Appointment as Board Member Emeritus:       Eva Addis

           

            Appointment to the Board:           Reed Gehring to replace Howard Isenberg,

                                                                        Expiration Term 3/1/06

 

-          REPORT ON CLOSED SESSION OF THE BOARD OF COUNTY COMMISSIONERS, FEBRUARY 17, 2005 –

 

            Al Wein, County Administrator, in accordance with the Annotated Code of Maryland, State Government Article, for the record advised of a closed session of the Board held on February 17, 2005 at the Wapiti Conference Center. The closed session meeting was with the Mayor and Commissioners of the Town of North East. The meeting began at 6:30 P.M. and adjourned at 7:58 P.M.  The purpose of the meeting was to discuss issues revolving around the Water Service Agreement with the Town of North East and Economic Development issues.

 

-          LICENSE AND EASEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE PEOPLE’S BANK OF ELKTON, PARKING EASEMENT –

 

            Mr. Wein presented the Board for approval a License and Easement Agreement for the purposes of utilizing twelve (12) parking spaces in the Peoples Bank Parking Lot for the county’s use and providing an easement from the county to the bank for their entrance.

 

            Motion was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to approval.

 

 

-          CARGILL INDUSTRIAL WASTEWATER PERMIT UPDATE-

 

            Mr. Carter, Department of Public Works presented the Board with an update relative to the Industrial Wastewater Discharge Permit of Cargill Foods, Permit #05-001.  At this time it is the recommendation of Mr. Carter that no action be taken relating to this request.  Cargill Foods has submitted a draft form and more information will be forthcoming.

 

-          BIDS & AWARDS –

 

            Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Kilby, seconded by Vice President Hepbron and unanimously carried to award Bid 05-35 - Mayse Street Frontage Improvements to B&B Excavating in the amount of $20,850.

 

            Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Manlove, seconded by Vice President Hepbron and unanimously carried to award Bid No. 05-40- food and beverage vending to Take-A-Break Vending on a commission rate of 28.5%.

 

            Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Guns, seconded by Vice President Kilby and unanimously carried to award Bid No. 05-36 – Body Armour to Southern Police Supply, Inc., in the amount of $21,252.00.

 

            Upon the recommendation of the Purchasing Agent, motion was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to award Bid No. 05-33 Pine Hills Water Main Extension to HIE Contractors in the amount of $56,500.

 

-          BUDGET AMENDMENTS NOS. – 98 - 117

 

            Motion was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to approve Budget Amendments Nos. 98 – 117.

 

            The next regular meeting of the Board of County Commissioners will be held on Tuesday, April 5, 2005 at County Administrative Building.

 

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

 

 

                                                                  _____________________________

                                                                  Alfred C. Wein, Jr.

                                                                  County Administrator

 

Approved:

 

____________________________               

Nelson K. Bolender, President