MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS MEETING
April 18, 2006
The Board of County Commissioners for Cecil County met in regular session at the North East Town Hall , 106 South Main Street, North East, MD , on Tuesday, April 18, 2006 . 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 April 4, 2006 meeting of the Board of County Commissioners were unanimously approved.
The minutes from the April 4, 2006 meeting of the Board of Health were unanimously approved.
The minutes from the April 11, 2006 Board of County Commissioners meeting were unanimously approved.
-COMMISSIONERS’ COMMENTS-
Commissioner Kilby – announced that on Saturday, April 22 the Cecil County Landfill will be accepting household hazardous waste at their facility in observance of Earth Day. The County’s e-cycling program will also begin on that day.
Vice President Hepbron – declined comment.
Commissioner Manlove – declined comment.
Commissioner Guns – declined comment.
President Bolender – declined comment.
Pamela Howard, Treasurer for Cecil County presented the Treasurer’s Report for the period ending March 31, 2006. A copy of this report is incorporated into these minutes.
Coach Bill Lewitt and the members of the Cecil Community College’s Men’s Basketball Team were presented a Certificate Achievement Award by the Board for winning the National Title Championship for Junior Colleges.
Essay contest winners from County Middle Schools were presented with Certificates of Achievement for their participation in the American Legion Americanism Essay Contest. All recipients placed either 1 st or 2 nd in the contest. Grand Prize Winner, Victoria Kolasar, read her essay, “What Freedom Means to Me”.
W. Scott Flanigan, Director of Public Works presented the Board and citizens of North East with an update on the progress of the County’s efforts to reduce the landfill odor. Mr. Flanigan reported that $2 Million in funding has been allocated for this project, with an expected completion date of phase one of a three phase project by late 2006 or early 2007. Phase one consists of the construction of the landfill gas collection unit. Phase two of the project is to explore the possibility of beneficial use of the landfill gas as a potential energy source. Phase three is to investigate options to keep the letchate that is currently conveyed through the sewer line, at the landfill for treatment.
PUBLIC HEARINGS:
Ed Slicer, Manager, Parks and Recreation presented the Board with the Maryland’s Program Open Space Annual Program for Fiscal Year 2007 – Cecil County’s Plan for Park Land Acquisition and Recreation Facility Development. This plan is developed annually by the Board for Parks and Recreation. The Planning Commission has recommend approval of the proposed plan.
COMMISSIONER’S COMMENTS –
President Bolender – commented that a regional park for Cecil County is a number one priority for the Board.
PUBLIC COMMENT –
Alice Arbuckle – commented and recommended a suggestion for the location of a regional park.
Motion to approve the Plan for Park Land Acquisition and Recreation Facility Development was made by Commissioner Kilby, seconded by Vice President Hepbron and unanimously carried to approval.
Matt Carter, Capital Facilities Administrator presented the Board a Resolution for introduction to establish a sanitary subdistrict and benefit assessment for the Meadowview Wastewater Treatment Plant. This Resolution sets forth a benefit assessment in the amount of $1,725.00 per equivalent living unit to new and expanded users. The Resolution will be placed on the May 2, 2006 agenda as an action item.
PUBLIC COMMENT:
Owen Thorne, 20 Hillwood Rd., Elkton – commented relating to the location of the proposed Aston Pointe development and its proximity to the Meadowview Plant.
John Williams, Woodbine Circle, Elkton – commented about a benefit assessment for the Highlands residents and about inconsistencies with the current master water sewer plan.
Matt Carter presented a Resolution for introduction to update the policy for allocation of new or increased sanitary sewage flow authority to the Meadowview Wastewater Treatment Plan and consumption of water from the Meadowview Public Water Utility for future industrial and residential allocations, as concluded in the October 2001, George, Miles & Buhr Engineering Feasibility Study used as a guidance for reserved capacity in anticipation of future use.
COMMISSIONER’S COMMENTS –
Commissioner Kilby asked Mr. Carter for clarification as to the CSX railroad bridge as a boundary for the study.
Mr. Carter stated that the study reflected the area south, of the CSX railroad bridge was used in the study as a planning tool, which resulted in a 1.25 mgd projection.
Commissioner Kilby commented about the impact of the Aston Pointe Development fit into the projected need since it was not considered in the study.
Mr. Carter stated that the plant was designed for 1.5 mgd capacity per day, which gives about 250,000 gpd extra in the plan.
President Bolender asked Mr. Carter how much water is currently used per day for industrial purposes.
Mr. Carter stated he believes that approximately 200,000 gpd are being used for industry.
Commissioner Kilby asked if the water is currently flowing to the Christina River.
Mr. Carter stated that it is directed to the west branch of the Christina River.
Commissioner Guns commented about the original calculations of industrial use in the area and the fact that the actual industrial amounts have decreased. He asked for comment from Mr. Carter about the estimated capacity for the development of Aston Pointe.
Mr. Carter stated that due to the sale of some of the industrial property to other uses, that acreage was projected as to their gpd use, the GMB study reflected approximately 1,000 gpd per acre. Considerably less is being used and the long-term use projections by the industrial properties in the area are considerably less that what the plant was designed for.
Commissioner Kilby asked Mr. Carter how much remaining industrial land is in the area.
Mr. Carter stated that the largest stake-holder is Gore, with several additional parcels owned by Performance Food Group and Bassell.
PUBLIC COMMENT –
John Williams – commented relative to the usage amounts for industrial use and residential use.
Owen Thorne – commented about the amounts earmarked for industrial and residential use for the plant within the growth corridor.
Alfred C. Wein, County Administrator presented for introduction an Ordinance amending
Chapter 258 of the County Code, Taxation, by adding new sections 17 through 30, to provide for a deferral of County property tax to be granted, upon application, for residential real property occupied as the principal residence of the owner who meets the following requirements:
The total amount of real property taxes deferred are due and payable when the following occurs:
The Ordinance will be scheduled for May 2, 2006 meeting for Board action.
Authority for the adoption of this Ordinance is found in the Annotated Code of Maryland, Tax Property Article 10-204.
PUBLIC COMMENT:
Alice Arbuckle, commented about the age requirement and asked if the home is jointly owned, are both owners required to be 65 years of age.
It was determined by the Board and Mr. Thomey, County Attorney, that only one of the homeowner’s are required to meet the age requirement.
Mr. Wein presented the requisite public hearing for an Option Agreement between the Nowland Development, LLC and P. Dale Nowland and the Board of County Commissioners. At Board of County Commissioners April 4, 2006 meeting, the Office Building RFP Evaluation Committee, recommended conditional award to Nowland Development, LLC to design, permit, construct and furnish a new office building for County Government. The recommendation of award was for a Guaranteed Maximum Price of $18,525,965 and the location of the site is the Upper Chesapeake Corporate Center within the Town of Elkton.
Upon recommendation of the committee, the Board authorized staff to move forward conditioned upon the following:
1). The execution of an option agreement for the purchase of approximately 9.29 acres and holding the required public hearing;
2). Subdivision of the aforesaid approximate 9.29 acres satisfactory to both parties and approval by the Town of Elkton;
3). Execution of a design/build contract between the County and Nowland;
4). Approval of the purchase of land and design/build contract by the Board;
5). County obtaining appropriate funding for the satisfaction of all of its obligations pursuant to the option agreement and design/build contract, which financing must be approved by the Board of County Commissioners.
The option agreement contains the same conditions and the County may exercise this option agreement by giving written notice of its exercise of said option at any time within six months of the date of the agreement, which is April 4, 2006.
Matt Carter provided an overview of the project including architectural rendering of the proposed office building that included some of the attributes and amenities the building will possess.
PUBLIC COMMENT:
Richard Alter, Mannekin/Turner – made a presentation to the Board relating to their proposal for the County Office Building.
Clark Turner – commented in support of his company’s proposal.
Alice Arbuckle – commented in favor of a solar efficient design for the building.
Karen Griffin, Elkton Chamber of Commerce – commented relative to the impact of the town’s businesses and economic impact that will be realized as a result of the relocation.
Robert Hodge, North East, MD – commented about the lack of citizen involvement and a more centralized location for the building.
Tom McWilliams, 245 Plum Point Road, North East, MD – commented regarding the economic impact on the Town of Elkton businesses as a result of the relocation.
Jeff Nowland, Nowland Associates – commented regarding the proposal submitted, and the integrity of his firm’s proposal.
Mr. Thomey advised the Board that the action to be addressed is whether or not to continue with the process as recommended by the committee.
Commissioner Guns made a motion to continue with the process based upon recommendation of the evaluation committee. The motion was seconded by Commissioner Kilby and unanimously carried.
Eric Sennstrom, Director, Planning, Zoning, Parks & Recreation presented the Board with a Text Amendment proposing changes to Section 103 of the Cecil County Zoning Ordinance to eliminate the Automobile & Motorcycle Racing Tracks in the SAR as well as adding paragraph 7 to eliminate the possibility of locating a track in an approved minor or major subdivision. The amendment was before the Planning Commission at their April 17, 2006 meeting and they have recommended approval.
COMMISSIONERS COMMENTS –
Commissioner Kilby asked Mr. Sennstrom why the decision was made to eliminate tracks in the SAR and not the NAR.
Mr. Sennstrom replied that it was at the direction of the Board in the drafting process.
Commissioner Guns – commented that some of the property located in the NAR may be compatible with a race facility, specifically mineral extractions areas located within the NAR.
There was discussion between the Board and Mr. Sennstrom relative to mineral extraction properties and their zoning status in the NAR district.
PUBLIC COMMENT:
Anne Barker, 888 Ragan Road, Conowingo – commented about the proposed amendment and expressed concern about the location of race tracks near subdivision.
Jim Mullen, Cecilton, MD – commented about permitting this type of use only in the mineral extraction district.
Owen Thorne – commented in opposition to allowing this type of use in the NAR and suggested they be allowed only in mineral extraction or business intensive.
Rose Eye - spoke in opposition to the location of this type of activity in the NAR.
President Bolender asked Mr. Sennstrom if the Board asked for changes to the amendment if it was necessary for the changes to go before the Planning Commission.
Mr. Sennstrom advised that it would not be necessary.
Joe Martinuk, Old Elk Neck Road, Elkton – spoke in opposition to changing the zoning amendment regarding motorcycle and auto racing tracks.
Motion was made by Commissioner Guns to table the amendment for further consideration. President Bolender seconded the motion, the motion was carried by a majority vote.
VOTE: Bolender – Y, Hepbron – Y, Kilby – Y, Manlove – N, Guns – Y
Mr. Sennstrom presented two applications for the establishment of an Agricultural Preservation District by applicants, Jacob and Virgina Carson for property located at 1839 and 2000 Biggs Highway, Rising Sun, MD, Tax Map 18, Grid 10, Parcels 23 & 53 consisting of 69 and 73 acres respectively. All soil and forestry requirements for preservation districts have been met. The Agricultural Advisory Committee and Planning Commission have recommended approval.
PUBLIC COMMENT:
Jim Mullin, Cecilton, MD – spoke in support of the request.
Motion to approve the request for Agricultural Preservation District was made by Commissioner Kilby, seconded by Commissioner Manlove and unanimously carried to approve.
Jim Mullin, Cecilton, MD – commented about the Transfer of Development Rights Program (TDR) that is currently under consideration for approval by the Board.
Ray Heidle, Yarmouth Lane, North East – commented relative to the North East Landfill and the importance to the residents and businesses of North East to rectify the situation as soon as possible.
Owen Thorne, Elkton, MD – commented relative to the Land Use Forum to be held on April 26, 2006.
David Beste – commented about the North East Landfill odor problem and the impact on the residents of North East.
Motion was made by Commissioner Guns, seconded by Commissioner Kilby and unanimously carried to appoint re-appoint Diane Fox to the Adult Public Guardianship Board for a three-year term to expire on April 1, 2009.
Upon the recommendation of the Purchasing Agent, motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to reject Bid No. 06-42 Welding Bay Design Build Contract due to all bids exceeded the department’s available budget. The Department of Public Works will reassess their requirements and determine whether to re-bid at a later date.
Upon the recommendation of the Purchasing Agent, motion was made by Vice President Hepbron, seconded by Commissioner Manlove and carried by a majority vote to award Bid No. 06-41 to Fayer Mowing Service in the amount of $20,300.
Commissioner Guns commented relative to the discrepancies between the two bids.
Vote: Bolender – Y, Hepbron – Y, Kilby – N, Manlove – Y, Guns – N
Upon the recommendation of the Purchasing Agent, motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to award Bid No. 06-08 to Delta Alarm Systems LLC for Courthouse Security Upgrade to Delta Alarm Systems LLC in the amount of $41,383.
Motion was made by Vice President Hepbron, seconded by Commissioner Kilby and unanimously carried to approve Budget Amendments 114 – 117 and Board of Education Amendments 6 & 7.
The next regular meeting of the Board of County Commissioners will be held on Tuesday, May 2, 2006 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:
____________________________
Nelson K. Bolender, President