MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS MEETING
June 15, 2004
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 15, 2004. The following members of the Board were present:
Nelson K. Bolender, President
Phyllis Kilby, Vice President
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 2:00 p.m. and opened with the Pledge of Allegiance.
The minutes from the May 25, 2004 Budget Adoption Public Hearing of the Board of County Commissioners were unanimously approved.
The minutes from the June 1, 2004 regular meeting of the Board of County Commissioners were unanimously approved.
The minutes from the June 1, 2004 Board of Health were unanimously approved.
The minutes from the June 2, 2004 Rezoning were unanimously approved.
- PUBLIC HEARING – OPTION AGREEMENT BETWEEN THE BOARD OF CECIL COUNTY COMMISSIONERS AND BOARD OF TRUSTEES OF CECIL COMMUNITY COLLEGE AND THE LUCIEN G. MAURY, REVOCABLE TRUST TO PURCHASE 58.176 ACRES NORTH OF AND ADJACENT TO THE PRESENT CAMPUS OF THE COLLEGE –
County Administrator Wein presented an Option Agreement between the Board of County Commissioners, the Board of Trustees of Cecil Community College and the Lucien G. Maury revocable Trust to purchase 58.176 acres north of and adjacent to the present campus. The College desires to acquire the property to be used for future expansion and for other uses. Cecil Community College and the Board of County Commissioners will be providing funds in the amount of $100,000 respectively, with the remaining balance to be paid at closing on or before November 30, 2005.
The following people spoke in favor of the Cecil Community College Land Acquisition:
Ralph Young
Dr. Stephen Pannill
David Hodge
Jim Buckley
Tom McWilliams
Mary Maloney
Motion was made by Commissioner Guns, seconded by Vice President Kilby and unanimously carried to approve the purchase of land by the Cecil Community College from the Lucien G. Maury, Revocable Trust.
- PUBLIC HEARING – TERMINATION OF MALPF AGRICULTURAL DISTRICT – BALDERSTON FAMILY PARTNERSHIP –
David Black, Office of Planning, Zoning, Parks & Recreation presented the Board with an application for Termination of a MALPF Agricultural District due to severe economic hardship from the Balderston Family Partnership. The Agricultural Land Preservation Advisory Board recommended approval of the termination request at their February 23, 2004 meeting.
Mr. Balderston addressed the Board and restated his request for termination of a MALPF Agricultural District.
Commissioner Manlove inquired as to the possibility in delaying this decision for a period of one month. Mr. Balderston advised Commissioner Manlove as to the time restrictions he must follow.
Commissioner Guns inquired as to the timeliness of this request. Mr. Black explained the delay, and the fact the application was withdrawn previously.
Further discussion and explanation took place between the Board and Mr. Balderston regarding the need for this request, which included future programs to enhance agricultural preservation.
COMMENTS:
Bill Kilby – commented relating to the timing of Mr. Balderston’s decision and encouraged Mr. Balderston to work with his neighbors in resolving this matter. He requested that the Board postpone this request for approximately one month.
Hazel Jenkins – made a request to the Board to delay any decision for one month, pending a resolution that would benefit the Balderston Family as well as preserving the land for agricultural purposes.
Commissioner Hepbron – commented relating to the situation of Mr. Balderston and his thoughts relating to any further delays.
Mr. Black informed the Board that the next meeting of the MALPF Board of Trustees will be July 28, 2004.
Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and carried, with one abstention to approve the termination of the MALPF Agricultural District due to severe economic hardship.
VOTE: Bolender – Y Kilby – Abstained Hepbron – Y
Manlove – Y Guns – Y
- COMMISSIONERS COMMENTS –
Commissioner Guns – commented relating the D-Day Celebration he attended in North East.
Vice President Kilby – commented about the recent 5th Grade Graduation ceremony that she attended at the Bainbridge Elementary School. She also thanked the businesses in the Perryville area who contributed to the scholarship funds for Perryville High School Students.
President Bolender – spoke about several events he has attended recently, Calvert Elementary School 5th Grade Graduation, Pastor Dickerson’s 50th Anniversary at the Maranatha Church and the Flag Day Celebration.
Commissioner Hepbron – commented about the graduation ceremony he attended at the Cecil County School of Technology.
Commissioner Manlove – attended the Bo Manor High School Awards Banquet, the celebration for Pastor Dickerson and the Flag Day Celebration.
- TREASURER’S REPORT -
Pamela Howard, Treasurer for Cecil County presented the monthly Treasurer’s Report as of May 31, 2004. Treasurer Howard also briefed the Board on the recent Tax Sale that took place on June 7, 2004.
-“THANK YOU” TO BOARD OF CECIL COUNTY COMMISSIONERS, JASON CANTERA –
Jason Cantera, Rising Sun High School Graduate, appeared before the Board and personally thanked all members for the Cecil County Commissioners Scholarship he received to attend Cecil Community College.
- PRESENTATION – “CHESAPEAKE BAY IN YOUR COMMUNITY: A RESTORATION PLAN”, BOHEMIA MANOR HIGH SCHOOL STUDENTS –
Students, Sarah Lucas-Haji, Ashley Subloefsky, Julia Stone and Charlotte Sanford-Crane, accompanied by Cheryl Lee, Science Teacher, Bohemia Manor High School, shared their presentation, originally prepared for the Environthon Competition, entitled, Chesapeake Bay in Your Community: A Restoration Plan”. The presentation consisted of an oral presentation of research, conducted by the students, their conclusions, and a visual presentation.
- PRESENTATION – INTERIM REPORT FROM SPECIAL PROJECTS COMMITTEE OF THE ECONOMIC DEVELOPMENT COMMISSION REGARDING THE APRIL 26, 2004 STRATEGIC SUMMIT –
Gene Cochran and Robert Hodge of the Economic Development Special Committee appeared and presented a preliminary report of findings of Economic Development Summit held on April 26, 2004.
The intent of this summit was to gather and develop information for the purpose of a new Cecil County Economic Development Strategic Plan. The Summit was a success and attendees recommended many different suggestions to improve the economic development and overall quality of life in Cecil County. Some of the issues addressed by attendees were: workforce development, government services, external issues involving Cecil County, infrastructure and implementation of funding. An opinion survey presented to attendees, identified infrastructure being the single most important issue to economic stability in Cecil County. The Special Committee will develop a report of these findings and provide it to the Board upon completion. Mr. Cochran recommended that the Board appoint a Blue Ribbon Committee with the mission of developing recommendations for adequately providing water/sewer infrastructure within the County’s growth corridor.
- PUBLIC COMMENT –
Ed Cairns, Jackson School Hall Rd., Elkton, MD – commented regarding the Comprehensive Plan and Master Water & Sewer Plan meetings that will be held at the July 13, 2004 Board of County Commissioners Meeting.
Jim Mullin, 1676 Glebe Rd., Earleville, MD – corrected terminology relating to the Balderston Public Hearing. He also commented regarding politicians using media as an outlet.
Tom McWilliams, Plum Point Rd., Elkton – commented relating to Comprehensive Plan.
- APPOINTMENTS –
Motion was made by Vice President Kilby, seconded by Commissioner Guns and unanimously carried to approve the following reappointments to the Cecil County Department of Social Services Board for a three-year term to expire on June 30, 2007:
Rev. Beverly Lewis, P.O. Box 194, Charlestown, MD
Richard Funke, 159 Riverside Drive, Elkton, MD
Dwight Hair, 118 East Main Street, Elkton, MD
Motion was made by Vice President Kilby, seconded by Commissioner Manlove and unanimously carried to approve the following reappointment to the Cecil Mental Health Partnership for a three-year term to expire on June 30, 2007:
Howard Isenberg, Family Service, 718 Bridge St., Elkton, MD
Motion was made by Commissioner Manlove, seconded by Commissioner Guns and carried by a majority vote to approve the following to the Board of License Commissioners for a three-year term to expire on June 30, 2007:
Tim Snelling, 328 Elm St., P.O. Box 733, Perryville, MD
VOTE: Bolender – Y Kilby – N Manlove- Y
Malove – Y Guns – Y
Motion was made by Commissioner Guns, seconded by Commissioner Hepbron and carried by a majority vote to appoint the following to the Agricultural Preservation Board for a five-year term to expire on August 1, 2008:
Mary Halsey, 207 Smith Road, Rising Sun, MD
VOTE: Bolender – Y Kilby – N Hepbron – Y
Manlove – N Guns – Y
- RESOLUTIONS – CONDITIONAL REVOLVING LOAN FUND COMMITMENT TO COVENANT COVE MARINE, INC., AND SHELTER COVE YACHT BASIN AND MARINA –
Dwight Thomey, Attorney to the Board of County Commissioners presented, in the absence of Paul Gilbert, Director, Economic Development & Tourism, a request for a Conditional Revolving Loan Fund Commitment to Covenant Cove Marine, Inc., to offer a conditional loan commitment to Covenant Cove Marine, Inc., in the amount of $125,000 to assist in the purchase of the existing 19-acre, 120-slip Bohemia Vista Yacht Basin Marina in Chesapeake City. The RLF will be secured by a third mortgage on the property to be acquired, a third lien on the Borrower’s personal residence, and personal guarantees from the owners of Covenant Cove Marine, Inc. The purchase will provide for the continued operation and improvement of the existing marina, as well as the retention of five full-time jobs and the creation of three new full-time equivalent positions.
DISCUSSION:
Commissioner Hepbron expressed concern with the fact that the county will be secured by a third mortgage.
Motion was made by Vice President Kilby, seconded by Commissioner Guns and carried by a majority vote to approve the loan to Covenant Cove Marine, Inc.
VOTE: Bolender – Y Kilby – Y Hepbron – N
Manlove – N Guns – Y
Counsel Thomey presented for consideration a Resolution for a Conditional Revolving Loan Fund Commitment to Shelter Cove Yacht Basin and Marina, Inc. in the amount of $35,000 to assist with the purchase of 24 boat storage shed building package, which will be constructed upon the existing marina property. The purchase will provide for the expansion of the existing marina, as well as the creation of 1.5 new full-time equivalent jobs.
Motion was made by Vice President Kilby, seconded by Commisioner Guns and unanimously carried to approve the loan to Shelter Cove Yacht Basin and Marina, Inc.
- ADMINISTRATIVE PLAN CHANGES, CECIL COUNTY HOUSING AGENCY -
Dave Mahaney, Director, Cecil County Housing & Community Development appeared before the Board and presented several administrative changes to the
current Section 8 Housing Program adopted by the USDA, primarily as a cost-saving measure. HUD Officials have recommended these administrative changes are adopted to accommodate the program as follows:
Subsidy Standards: Remove from existing plan –
Those sharing a bedroom shall be blood relatives, married or those with stable relationship.
Children of the opposite sex shall not share after the age of six.
In cases where children of the same sex are more than six (6) years apart in age, separate bedroom will be assigned.
The Cecil County Housing Agency will approve over FMR tenancy only as a reasonable accommodation for persons with disabilities to afford reasonable accommodation.
Vouchers will be issued according to the following schedule, two person(s) per bedroom, regardless of age, sex or familial status.
Motion was made by Vice President Kilby, seconded by President Bolender and carried by a majority vote to approve the changes as outlined above by Director Mahaney.
VOTE: Bolender – Y Kilby – Y Hepbron – N
Manlove – N Guns – Y
- AMENDMENT #2 TO FLEET MANAGEMENT AND MAINTENANCE CONTRACT BETWEEN CECIL COUNTY AND FIRST TRANSIT, INC., d/b/a FIRST VEHICLE SERVICES –
County Administrator Wein presented for consideration Amendment #2 to Fleet Management and Maintenance Contract between Cecil County and First Transit, Inc., d/b/a First Vehicle Services. This contract will be in effect commencing August 19, 2004 and ending August 18, 2005, and is revised to $692,465.
Motion was made by Vice President Kilby, seconded by Commissioner Hepbron and unanimously carried to approve the amendment to the First Vehicle Services contract.
- EXECUTION OF CONTRACT FOR MEDICAL SERVICES OF THE CECIL COUNTY DETENTION CENTER WITH CON-MED –
Administrator Wein presented to the Board for execution a Medical Services Agreement between the Office of the Sheriff of Cecil County and CONMED, Inc., the agreement will provide health care for the Cecil County, Detention Center for the period July 1, 2004 through June 30, 2005 in the amount of $1,157,837.00 in twelve (12) equal monthly payments of $96,486.42.
Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to approve the Medical Services Agreement.
- BID AWARD CONTRACTS –
Motion was made by Commissioner Manlove, seconded by Vice President Kilby and unanimously carried to award Bid Award No. 04-33 for Wastewater Treatment Chemicals to Univar to the following vendors: Univar - $47,665.40, Coyne Chemical $29, 278.20 and U.S. Filter - $14,150.00.
Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to award Bid Award No. 05-02 Nitz Tree Services for tree trimming.
Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to award Bid No. 05-01 Roadway Culverts to B&B Excavating for the Northern & Central Area in the amount of $49,760 and Pleasanton for the Southern Area in the amount of $61,200.
Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to award Bid No. 05-03 for signs to Shannon Baum.
Motion was made by Vice President Kilby, seconded by Commissioner Manlove and unanimously carried to approve Bid No. 05-04 for Roadway Pipe to Lane Enterprises, Inc.
- ADOPTION OF AMENDED CIP, 2004-2009 –
Administrator Wein presented for approval the Amended CIP FY 04-06, the amended CIP reflects two changes.
1). Adds the acquisition costs to acquire an adjoining piece of property next to the Cecil Community College facility, contingent on receiving supporting appraisals. Total estimated project costs are currently $1,000,000 with the County supporting $100,000 for FY 05.
2). Increases the amount of support for small capital projects for the Board of Education, which will allow for the acquisition of relocatable classrooms for he Elkton High School project, and allow for repairs to the Elk Neck Elementary School roof. The increase is in the amount of $103,239.
Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to approve the CIP for FY 04-09 as amended.
- RECOMMENDATION OF AWARD FOR THE ASHPALT OVERLAY BID NO. 05-05 –
Matt Carter, Director, Public Works presented for consideration the FY-05 Pavement Overlay Program. Contractor bids were received by the Purchasing Agent and the Department of Public Works for the overlay program on June 10, 2005. Edgemoor Materials submitted the lowest bid in the amount of $2,677,205.97. Mr. Carter recommended bid award to Edgemoor Materials, contingent upon several conditions as outlined in the contract.
Motion was made by Commissioner Hepbron, seconded by President Bolender and unanimously carried to award Bid No. 05-05 Asphalt Overlay to Edgemoor Materials, with the conditions set forth in the contract.
- WAIVER OF FORMAL BIDDING PROCESS FOR OLD TELEGRAPH ROAD BRIDGE OVER BOHEMIA CREEK –
Director Carter presented for consideration a request for Exception to Purchasing Code Requirements for repairs to the Old Telegraph Road Bridge over Bohemia Creek, pursuant to Sections 183-3.F and 183-4.H of the Cecil County Code.
Motion was made by Vice President Kilby, seconded by President Bolender to formally waive the bidding process for the Old Telegraph Road Bridge over the Bohemia Creek.
Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to approve Budget Amendments 197 – 203.
The next regular meeting of the Board of County Commissioners will be held on Tuesday, July 13 at County Administrative Building. There will be a meeting for Review of the Comprehensive Plan on June 29, 2004 at 7:00 p.m. at the County Administrative Building.
There being no further business of the County Commissioners, meeting adjourned.