MINUTES OF THE BOARD OF

COUNTY COMMISSIONERS MEETING

June 3, 2003

            The Board of County Commissioners for Cecil County met in regular session at the County Administrative Building, 107 North Street, Elkton, Maryland on Tuesday June 3, 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

            The meeting was called to order by President Bolender at 2:00 p.m. and opened with the Pledge of Allegiance.

            The minutes of the Board of County Commissioners for May 20, 2003 were unanimously approved.

            The minutes of the Board of County Commissioners for May 27, 2003 Budget Adoption were unanimously approved.

            The minutes of the Board of County Commissioners for May 28, 2003 rezoning were unanimously approved.

            - COMMENTS –

            Commissioner Guns – declined comment.

            Commissioner Kilby – recently attended an Awards Ceremony at the North East Middle School.   She was very impressed with a grant program at the school that is focusing on middle school age girls.  This program is producing very positive results. 

            Commissioner Manlove – attended the Senior Awards Banquet for North East High School for the purpose of presenting scholarships.  Commissioner Manlove was very impressed with the wide diversity of interest and talents of these young people.  Commissioner Manlove and President Bolender also attended the RIF Awards night at Thomson Estates Elementary School and commented regarding the enthusiasm of the students.

            Commissioner Hepbron – had the honor to present scholarships to students of the Rising Sun High School.  He was very impressed with the number of students receiving academic scholarships and their desire to succeed in higher education.  Commissioner Hepbron also commented that he presented two scholarships provided by President Bolender for Cecil Community College with remaining campaign funds.  Commissioner Hepbron applauded President Bolender for his continued support of students in the County.

            President Bolender – commented regarding the RIF Awards night he and Mr. Manlove attended. In addition he commented relative to the bulkhead and boardwalk at Brownie’s Shore and advised that the project will out for bid shortly.  Upon award of this contract, and dredging completion, the development of the Park should be underway.  President Bolender also commented relative to the Awards Banquet at Elkton High School, and what an honor it is to be able to present one student from each district with a two-year scholarship to Cecil Community College on behalf of the Board of County Commissioners.

            - PUBLIC COMMENT –

            Roland Wills – commented on his long tenure as a self proclaimed county government warden and publicly criticized a few of the procedures.

            Michael Smart – spoke on behalf of the residents of River Point Landing Home Owner’s Association, with regard to the Youth Services Lease.  Mr. Smart thanked the Commissioners for the meeting recently held regarding the homeowner’s concerns.  The members of the association, as well as other associations in the surrounding area, have joined in a petition of signatures against the proposed lease agreement.

Ted Zang, Earleville, MD – read a letter written relating to Hazlemoor, Tochwaugh Terrace and Cheshaven Drive. The letter was concerning the deterioration of the roads in the community.

Jackie Smith, Elkton, MD – commented regarding the Elk River Park Lease Agreement.  Ms. Smith indicated that a stockade fence, buildings and out buildings have already been constructed.  She and the other residents of Elk Point Landing are not only concerned about the safety and peace of mind of their families; but with the impact that this type of operation will have on their property value.

Carl Roberts, Superintendent Board of Education – spoke concerning the recent scholarships presented by the Board and thanked them. In addition, Dr. Roberts addressed the Board as to the types of students that are involved in the Youth Program.  He explained that this program is a suspension alternative program for youth who have violated school rules, not necessarily crimes.  Cecil County Public Schools has experienced much success with this program and wish for it to continue.

Michael Browne – Elkton, MD – commended the Youth Services Agency and their work, however does not agree with the location of their operation.  Mr. Browne is concerned that this type of program should not be located in a housing development. Additionally, Mr. Browne is concerned regarding the safety of the residents and the value of his property.

Pat Conway – Elkton, MD – explained that he lives in a neighboring community off of Oldfield Point Road. The residents in this community are also opposed to the occupancy of Youth Services.  He commented relative to insurance liability issues and the proposed Elk River Park.    

            Nancy Hardy – commented that she is also a resident of River Point Landing and has no objection to the occupancy of Youth Services in her community.  She addressed some of the comments from the residents of River Point Landing and their concerns regarding access to the new park.  Ms. Hardy further explained the types of youth serviced by Youth Services Agency and the positive impact on the youth it serves.

            - APPOINTMENTS –

            Motion was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried to appoint the following persons to the Cecil County Department of Social Services Board for a three-year term to expire 6/30/06:

Randolph Bailey, 107 Black Oak Drive, Elkton, MD

            Grove Miller, 64 Grove Miller Road, North East, MD

            Motion was made by Commissioner Manlove, seconded by Commissioner Kilby and unanimously carried to appoint the following persons to the Cecil County Commission on Aging for a three-year term to expire on 6/30/06:

            Mabel Cassidy, P.O. Box 111, Elkton, MD

            Dorothea Gatchell, 24 Oak Hill Lane, Elkton, MD

            Hazel Jenkins, P.O. Box 14, Childs MD  21917

            Rose Pepiora, P.O. Box 167, Earleville, MD  21919

            - PERSONNEL –

            Upon the recommendation of Donna Nichols, Director, Human Resources, Motion was made by Commissioner Kilby, seconded by Commissioner Guns and unanimously carried to accept the following resignations:

            Edward R. Ward, Laborer, Solids Waste Division, Division of Public Works

            Chris Christopoulos, Code Compliance Inspector, Permits & Inspections

             Donald Miller, Hazardous Material Technician, Emergency Services

- RESOLUTION – MAINTAIN THE “RESERVE FUND” AT SEVEN AND ONE-HALF PERCENT OF THE COUNTY’S ANNUAL OPERATING BUDGET –

            Upon the recommendation of County Administrator Wein, motion was made by Commissioner Hepbron, seconded by Commissioner Kilby and unanimously carried to maintain the policy established on June 15, 1999, wherein the Board established a goal of a Reserve Fund Policy of seven and one-half percent (7 ½%) of the County’s annual operating budget.  In the event the Reserve Fund is drawn below the minimum level of seven and one-half percent (7½%), the Board hereby expresses its intent to replenish the fund to the minimum level from revenues in the General Fund within two (2) succeeding fiscal years.   

            - ACKNOWLEDGEMENT AND CONSENT – MOON NURSERIES –

            Upon the recommendation of Dwight Thomey, County Attorney, motion was made by Commissioner Hepbron, seconded by Commissioner Kilby and unanimously carried by and among the Board of County Commissioners of Cecil County, for the benefit of Moon Nurseries of Maryland, Inc., and Wilmington Savings Fund Society for an Amended and Restated Deed of Trust.

            - EXTENSION OF BENEFITS  - Dfc. Felix Cervantes –

            Motion was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried to allow up to a thirty-day (30) extension of benefits for Dfc. Cervantes.

 - LEASE AGREEMENT – CECIL COMMUNITY COLLEGE  (FORMER BLUE CHIP PROPERTY –

Upon the recommendation of County Administrator Wein, motion was made by Commissioner Kilby, seconded by Commissioner Guns and unanimously carried to approve the Lease Agreement between the Cecil Community College Board of Trustees and the Board of County Commissioners for the construction of a parking lot adjacent to the Elkton Station project. This lease is for a fifteen (15) year term commencing upon approval of the Board.

-  ELK RIVER PARK LEASE AGREEMENT –

Administrator Wein presented the Elk River Park Lease to the Board of County Commissioners for vote.  Motion was made by Commissioner Kilby, seconded by Commissioner Bolender to approve the Elk River Park Lease, motion was defeated.

Vote:   Bolender – Y                        Kilby – Y       Hepbron – N             Manlove – N

            Guns – N

Motion was made by Commissioner Manlove, seconded by Commissioner Hepbron and carried to oppose the Elk River Park Lease between the Board of County Commissioners and Youth Services Agency.

Vote:   Bolender – N            Kilby – N       Hepbron – Y             Manlove – Y

            Guns –  Y

Commissioner Manlove – commented as to his vote, stating that this land was purchased for dredge spoils area and a county park. It should not be designated for anything until a plan is put together for a county park.

Commissioner Guns – commented as to his vote, he fully supports the activities of Youth Services, however, does not agree with this location. 

President Bolender – commented regarding the youth that will be attending and the fact that they are regular students who have been suspended for a school infraction, not juvenile delinquents.  President Bolender does not believe that an “ideal location,” will ever be found.

Commissioner Hepbron – commented that he does not believe this is a suitable site for this type of organization to operate, and that he has been against it from the inception of the proposal.

- COPS IN SCHOOLS 2003 GRANT APPLICATION, CCSO –

Motion was made by Commissioner Guns, seconded by Commissioner Kilby and unanimously carried to approve the COPS in Schools FY 04 Grant Application.  This grant will provide the Cecil County Sheriff’s Office with reimbursement for policing efforts in the Cecil County Public Schools.

- CECIL COUNTY OFFICE SPACE EVALUATION – AWARD OF CONTRACT –

Motion was made by Commissioner Guns, seconded by Commissioner Manlove and unanimously carried to award the contract for Cecil County Office Space Evaluation to Buck Simpers & Associates, Inc., in the amount of $29,500.

- BID AWARD – 03-034 TRASH REMOVAL – CECIL CO. GOVERNMENT –

Motion was made by Commissioner Manlove, seconded by Commissioner Guns and unanimously carried to award Bid 03-034 trash removal (Cecil County Government) to Waste Management.

- CONTRACT STORMWATER MANAGEMENT – TOWN OF CECILTON –

Upon the recommendation of Mattheu Carter, Director Public Works Division, motion was made by Commissioner Manlove, seconded by Commissioner Kilby and unanimously carried to adopt the Contract for Administration of Stormwater Management between the Board of County Commissioners and the Town of Cecilton.

- DEED BETWEEN JAMES L. BURTON AND THE BOARD OF COUNTY COMMISSIONERS OF CECIL COUNTY –

Upon the recommendation of Matt Carter, motion was made by Commissioner Manlove, seconded by Commissioner Guns and unanimously carried to accept the Deed between James L. Burton and the Board of County Commissioners of Cecil County for a right of way on Razor Strap Road.

- REMOVAL OF STOP SIGN AT PROVIDENCE ROAD –

Upon the recommendation of Matt Carter, motion was made by Commissioner Manlove seconded by Commissioner Kilby and unanimously carried for the removal of a stop sign at Providence Road. 

- BUDGET AMENDMENTS – 157 – 162

Upon the recommendation of Mr. Wein, motion was made by Commissioner Hepbron, seconded by Commissioner Kilby and unanimously carried to approve budget amendments 157 – 162.

The next meeting of the Board of County Commissioners will be Tuesday, June 24, 2003 at 7:00 p.m. in the County Administrative Building.

Meeting adjourned.