MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS MEETING
June 20, 2006
The Board of County Commissioners for Cecil County met in regular session at the County Administration Office, on Tuesday, June 20, 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 2:00 p.m. and opened with the Pledge of Allegiance.
The minutes from the June 6, 2006 meeting of the Board of County Commissioners were unanimously approved.
The minutes from the June 6, 2006 meeting of the Board of Health were unanimously approved.
-COMMISSIONERS’ COMMENTS-
Vice President Hepbron – declined comment.
Commissioner Manlove – declined comment.
Commissioner Kilby – commented about the 4-H Exchange Students that are visiting Cecil County from Kansas.
Commissioner Guns – declined comment.
President Bolender – declined comment.
Pamela Howard, Treasurer for Cecil County presented the Treasurer’s Report for the period ending May 31, 2006. A copy of this report is incorporated into these minutes.
PUBLIC HEARINGS:
Eric Sennstrom, Director of Planning, Zoning, Parks & Recreation presented the Board with an amendment to the Cecil County Zoning Ordinance proposing changes to Article V, Part “V”, Section 103. Automobile and Motor Cycle Racing Tracks. The proposed changes will permit automobile and motorcycle racing tracks permitted as a Special Exception in the Business Intensive (BI), Heavy Industrial (M2) and Mineral Extraction (MEA) zones. The proposed amendment omits the permission of automobile and motorcycle racing tracks in the Northern Agricultural Residential (NAR) and the Southern Agricultural Resident (SAR) zones.
COMMENTS SUPPORT/OPPOSITION:
Robert J. Lang – commented in support of the proposed amendment.
Ronald Demmler – voiced concern about establishing a distance requirement from any existing home in the amendment.
Motion to approve the proposed amendment to Article V, Part V, Section 103 was made by Commissioner Kilby, seconded by Vice President Hepbron and unanimously carried to approve.
Eric Shertz, Office of Planning, Zoning, Parks & Recreation presented the following applications for the establishment of Agricultural Preservation Districts for the following properties:
1). C. Lea Reynolds & Lyn H. Rector, Telegraph Road & Thankless Lane, Rising Sun, MD, Tax Map 11, Grid 10, Parcels 422 & 423, Election District 9, 64.256 Acres, Northern Agricultural Residential.
Mr. Shertz advised the Board that all criteria of the Agricultural Preservation District has been met by the applicants. The request was recommended for approval by the Agricultural Preservation Committee on June 16 and the Planning Commission on June 19, 2006.
COMMENTS SUPORT/OPPOSITION: None
Motion to approve the request for Agricultural Preservation District to applicants C. Lea Reynolds and Lyn H. Rector was made by Commissioner Kilby, seconded by Vice President Hepbron and unanimously carried to approve.
2). Anna R. Milbourne, 212 Providence Road, Elkton, MD, Tax Map 13, Grid 10, Parcel 18, 4th Election District. 81.52 acres of which five acres of the property will be withheld from the application, for a total acreage of 76.52 total acreage. Northern Agricultural Residential.
Mr. Shertz advised the Board that all criteria of the Agricultural Preservation District has been met by the applicants. The request was recommended for approval by the Agricultural Preservation Committee on June 16 and the Planning Commissioner on June 19, 2006.
COMMENTS SUPPORT/OPPOSITION: None
Motion to approve the request for Agricultural Preservation District to applicant Anna R. Milbourne was made by Commissioner Kilby, seconded by Vice President Hepbron and unanimously carried to approve.
3). Douglas B. McGlothlin, McCauley Road & Old Hilltop Road, Conowingo, MD. Tax Map 16, Grid 4, Parcel 6 (93.00 acres), Tax Map 16, Grid 3, Parcel 196 (1.00) acres, Tax Map 16, Grid 5, Parcel 398 (24.09 acres), 6th Election District, 118.09 total acreage.
Mr. Shertz advised the Board that all criteria of the Agricultural Preservation District has been met, however Parcel 398 consisting of 24.09 acres is not contiguous to existing MALPF parcels, therefore, does not meet the criteria. The request was recommended by the Agricultural Preservation Committee on June 16, the consensus of the committee was that although the parcel does not meet the required 50 acre minimum, it should be considered and preserved. The Planning Commission recommended approval, with the exclusion of Parcel 398 (24.09 acres).
COMMENTS:
Vice President Hepbron and Commissioner Manlove commented relative to a precedence being set if a smaller parcel were to be included in a MALPF easement.
Dwight Thomey, County Attorney, advised the Board that in his opinion, if future applications should start to appear for small parcels, the decision to include this particular parcel as part of the total MALPF request could be explained and the Board would not be obligated to grant such a request.
Commissioner Guns made a motion to approve the request for MALPF for the applicant, Douglas B. McGlothin, with the exclusion of Parcel 398, as recommended by the Planning Commission. Vice President seconded the motion. The motion passed with a majority vote of 4 – 1.
VOTE: Bolender – Y Hepbron – Y Kilby – N Manlove – Y Guns – Y
Eric Sennstrom, Director, Planning, Zoning, Parks & Recreation presented a nomination for a Historic District for the Wilson Tenant House, 40 Joe Meltz Road, Warwick, MD. Property Owner: Capt. William L. Ross, Tax Map 64, Parcel 28, Southern Agricultural Residential (SAR).
Mr. Sennstrom advised the Board that the nomination meets all the historical and archeological criteria. He further advised that the Historic District Designation Committee recommended approval on June 6, 2006.
COMMENTS SUPPORT/OPPOSITION – None.
Commissioner Manlove made a motion to approve the nomination of the Wilson Tenant House for Historic Designation. The motion was seconded by Vice President Hepbron and unanimously carried to approve.
PUBLIC COMMENT –
Alice Arbuckle – commented relative to a site for the regional County Park.
Tom McWilliams – commented in opposition to the proposed County Government Buildings location outside the immediate town limits of Elkton.
Susquehanna Workforce Network
Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to reappointment two members of the Susquehanna Workforce Network for a three-year term to expire 6/30/09:
Roy Clough Harlan Graef
Board of License Commissioners (Liquor Board)
Motion was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to reappoint William Gerweck to the Board of License Commissioners for a three-year term to expire on 6/30/09.
Alfred C. Wein, Jr., County Administrator presented the Board with a resolution in accordance with recent legislation passed, authorizing Cecil County to grant a credit against the County property tax imposed on specified property owned or used exclusively by Little League organizations in Cecil County.
Motion was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to grant to the American Legion, Inc., Mason-Dixon Post 194, a property tax credit against the property tax imposed on parcel 367, tax map 600 and owned by American Legion, Inc., and the North East Little League, designated as parcel 786, tax map 31 and parcel 1105, tax map 31 effective July 1, 2006. A copy of this resolution is included and made part of these minutes.
Administrator Wein presented an agreement between the State Highway Administration, the Town of Rising Sun and the Board of Cecil County Commissioners for the drainage construction project within the Town of Rising Sun, located on the north side of Maryland Route 273. The agreement outlines the responsibilities of the State Highway Administration for the design of the project and 50% of the total cost of the project. The Town of Rising Sun will manage the project and is responsible for 25% of the total costs. The County agrees to be responsible for 25% or a maximum of $25,000 of the project costs.
Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve the agreement for the Rising Sun drainage construction project.
Matt Carter, Capital Facilities Director presented the design/build contract between Nowland Development, LLC and the Board of County Commissioners of Cecil County for the Cecil County Administrative Building. The contract outlines the scope of work, contract documents, ownership, contract time, price, procedure for payment for the project. It should be noted that there are two minor amendments to the contract that will be included in the final draft.
Motion was made by Commissioner Kilby, seconded by Vice President Hepbron and unanimously carried to approve the Nowland Design/Build Contract for the Cecil County Administrative Building project.
Administrator Wein presented a Memorandum of Understanding with the Soil Conservation District to address policies and other employment issues related to those personnel within the Cecil county Soil Conservation District who are employed by the Board of County Commissioners of Cecil County.
Motion to approve the Memorandum of Understanding between the Board of County Commissioners and the Soil Conservation District was made by Commissioner Guns, seconded by Vice President Hepbron and unanimously carried to approve.
Craig Whiteford, Budget Manager presented the amended Capital Improvement Program for FY 06 – FY 11 reflecting the following changes:
Board of Education to update small capital to reflect amount approved in operating budget, increased funding for Elkton High School project; increased funding for Perryville Middle School project and reallocation of funding for kindergarten.
Department of Emergency Services, for the rehabilitation of the Paramedic I Colora site and Route 40 corridor construction of pre-fabricated structure and lease.
Cecil County Sheriff’s Office, for the restoration of cell doors to reflect actual costs.
Solid Waste, to reflect funding for the “landfill gas recovery system” from 2008 to 2007.
Bridges, increased funding to reflect additional federal funding available for CSX bridge repairs.
Gilpin Falls Covered Bridge, reallocate funding to pay-go and the reflection of community preservation funding available for the project.
Motion was made by Commissioner Manlove, seconded by Commissioner Guns and unanimously carried to approve the amendments to the Capital Improvement Program for FY 06 – FY 11.
Upon the recommendation of W. Scott Flanigan, Director of Public Works, motion was made by Commissioner Guns, seconded by Commissioner Manlove and unanimously carried to accept the above deed.
Upon the recommendation of Mr. Flanigan, motion was made by Commissioner Guns, seconded by Commissioner Manlove and unanimously carried to accept the above deed.
Upon the recommendation of Mr. Flanigan, motion was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to accept the above deed.
Upon the request of Mr. Flanigan, motion was made by Vice President Hepbron, seconded by Commissioner Manlove to hear an item that was not previously placed on the regular agenda pertaining to the Landfill Gas Collection Unit.
Mr. Flanigan requested that the bid opening for the Landfill Gas Collection Unit scheduled for July 6, 2006 be postponed to re-evaluate and change several specifications of the bid.
Motion was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to approve the request to postpone the bid opening date.
-BID AWARD 06-45 – REPLACEMENT OF BRIDGE NO CE-015 THEODORE ROAD OVER PRINCIPIO CREEK AND BRIDGE CE-016 THEODORE ROAD OVER STONEY RUN –
Upon the recommendation of Mr. Flanigan and the Purchasing Agent, motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to award Bid 06-45 to Eastern Highway Specialist in the amount of $1,145,209.
Upon the recommendation of Mr. Flanigan and the Purchasing Agent, motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to award Bid 07-09 to Shannon Baum, Inc., in the amount of $50, 946.00.
Upon the recommendation of the Purchasing Agent and the Parks & Recreation Manager, motion was made by Vice President Hepbron, seconded by Commissioner Manlove to reject Bid 07-02 since the response from vendor did not meet the requirements of the RFP.
Motion was made by Commissioner Manlove, seconded by Vice President Hepbron and unanimously carried to approve Budget Amendments Nos. 143-151.
The next regular meeting of the Board of County Commissioners will be held on Tuesday, July 18, 2006 at 2:00 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