MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

 

July 13, 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, July 13, 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 June 15, 2004 meeting of the Board of County

Commissioners were unanimously approved.

 

            The minutes from the June 15, 2004 rezoning were unanimously approved.

           

-          COMMISSIONERS’ COMMENTS –

 

President Bolender – commented relating to the Review Process of Comprehensive Plan. He advised the schedule for completion of the process is not available at this time.  Once the public hearing schedule is determined, it will be publicized accordingly.

 

Commissioner Guns – thanked all the Fire Companies, EMS and Union Hospital for their efforts last evening during the flooding that resulted from the storm.

 

Vice President Kilby – also thanked all emergency personnel.  In addition she commented regarding the Chautauqua Event.

 

Commissioner Manlove – declined comment.

 

Commissioner Hepbron – declined comment.

 

President Bolender – made an additional comment relative to the flooding and advised that at this time, no figures are available relating to storm damage and qualification for federal funding. 

 

-          TREASURER’S REPORT –

 

Pam Howard, Treasurer for Cecil County presented the Board with the monthly Treasurer’s Report as of June 30, 2004.

 

-          PRESENTATION OF CERTIFICATE OF RECOGNITION TO DEPUTY STATE FIRE MARSHAL JOSEPH G. ZUROLO, JR. –

 

Commissioner Guns presented a Certificate of Recognition to Deputy State Fire Marshall Joseph G. Zurolo, Jr., and congratulated him for his recent recognition as Deputy Fire Marshall of the Year.

 

 

 

            - PUBLIC COMMENT -

Tina Schmidt, Crystal Beach, Earleville – speaking on behalf of residents of Crystal Beach, in reference to the necessity of road signs in that community.  Ms. Schmidt advised that the roads are very narrow and do not allow for safe passage of more than one vehicle.  This is of particular concern when it comes to emergency vehicles.

 

Ronald Rae, Elkton, MD – commented relating to the no parking signs in Crystal Beach.

 

Sandor Lipsic, Old Elk Neck Road, Elkton – commented relating to a stormwater erosion problem in the area, as a result of drainage from Pine Hills. He   advised that the water drains through the woods into back yards of residents on Old Elk Neck Road Residents. He further advised that he has attempted to protect his residence from this run-off, however during the recent storms his basement wall has collapsed.  He is unable to live in his home as a result of this damage and requested that the County assist him in repairing this problem.  Mr. Lipsic advised that the MDE has inspected the site. 

 

Carol Lipsic, Old Elk Neck Road, Elkton – commented relating to the above situation and requested assistance from the County to remedy this situation.

 

Cindy James, 1936 Old Elk Neck Road, Elkton – commented relating to the drainage situation on Old Elk Neck Road. 

 

Cathy (last name not provided), Old Elk Neck Road, Elkton – commented relating to the maintenance of the ditches along Old Elk Neck Road and the effects of lack of maintenance to the residents of this area. 

 

Joe Hayes, Carpenter’s Point – commented relating to permits being issued to homeowner’s in the area to build bulkheads on park land that has been set aside for open space area.  Mr. Hayes further commented that the bulkheads are interfering with the beach area for the other residents in the community and are the result of many disagreements between area residents. 

 

-          RESOLUTIONS – CECIL COUNTY SANITARY DISTRICT BOND, SERIES 2204A –

 

Cheryl Guth, Bond Counsel to the Board, presented a Resolution authorizing the issuance and sale by the County a general obligation bond in the principal amount of $1,585,000, to be designated as “Cecil County Sanitary District Bond, Series 2004A”.  The purpose for this issuance is to provide for the extension of a sanitary sewer collection system from the County’s North East Advanced Wastewater Treatment Plant to the Carpenter’s Point Sanitary Subdistrict. 

 

Motion was made by Vice President Kilby, seconded by Commissioner Hepbron and unanimously carried to adopt the Resolutions authorizing the issuance and sale of general obligation bond in the amount of $1,585,00 for the Carpenter’s Point Sanitary Subdistrict.

 

- APPOINTMENTS –

 

Motion was made by Commissioner Guns, seconded by Commissioner Hepbron and unanimously carried to reappoint the following to the Board of Trustees, Upper Shore Community Mental Health Center, for a four-year term to expire on September 15. 2008:

 

Nicholas Ricciuti, Dept. Social Services, 170 E. Main St., Elkton, MD

Dr. Richard Bayer, UBC&SS, 200 Booth Street, Elkton, MD

Motion was made by Commissioner Manlove, seconded by Commissioner Hepbron and unanimously carried to appoint the following to the Cecil Mental Health Partnerships for a three-year term to expire on June 30, 2007:

 

Victoria Kelly Psy.D, UBC&SS, 200 Booth St., Elkton, MD

 

Motion was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried to reappoint the following to the Board of Appeals for a three-year term to expire on August 15, 2007:

 

William Underwood, 342 Blake Rd., Elkton, MD

William Jeans, Jr., 1000 Cherry Grove Rd., Earleville, MD

 

- PERSONNEL -

 

Ms. Donna Nichols, Director, Human Resources presented the following Personnel matters for consideration: 

 

Upon the recommendation of Ms. Nichols, motion was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried to accept the following resignations and terminations:

 

Karen Dunne, DOH:  06/14/99, Domestic Violence Program Coordinator, $51,123 (grade 10), resignation effective 06/25/04.

Miranda Falletta, DOH: 02/18/03, Contractual – Community Educator, Department of Social Services, $17.60/hour.  Monies are no longer available from the state effective 06/30/04.

Mary K. Bennett, DOH: 08/12/02, Office Services Assistant, Housing Office, $11.44/hour (grade 3), resignation effective 07/07/04

Jason Barton, DOH: 12/29/03, Contractual Fitness Coordinator, Department of Aging, $13.92/hour (grade 7), resigned 06/18/04

 

Upon the recommendation of Ms. Nichols, motion was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried to approve the following appointments:

 

Amber Rhodes, Plans Reviewer, Planning & Zoning Office, $31,859 (grade 8)

William M. Knarr, Volunteer Coordinator, Department of Aging, $11.71/hour (grade 5) Jon D. Cairo, Laborer, Roads – Central Area, $9.21/hour (grade 3) must obtain CDL within 6 month probationary period

Part-time Safetyville Instructors, Parks & Recreation, to be paid from the proceeds of the program at $287.50/week:

 

Stephanie Keenan

Peggy Holter

Laura Woods

Lynn Munzert

 

Temporary Seasonal Workers, Roads Division, $8.50/hour (grade 2), 100 day appointments, no benefits

Joshua D. Coyle

Casie M. Craig

 

Upon the recommendation of Ms. Nichols, motion was made by Vice President Kilby, seconded by Commissioner Guns and unanimously carried to approve the following promotions, transfers and reclassifications:

 

 

TRANSFER William C. Sanders, Jr., as Equipment Operator I from Solid Waste Division to Roads – Southern Area effective June 28, 2004.  Lateral transfer – no changes in pay or grade.

RECLASSIFY Ronald M. Staines, Roads – Sign Shop, for obtaining his CDL, from Laborer at $10.61/hour to Equipment Operator Trainee at $10.93/hour, effective 05/01/04; no change in paygrade.  

RECLASSIFY Peter N. White, Facilities Management, from Maintenance Worker to 2nd Shift Lead Worker effective 06/21/04; no change in grade or salary.

RECLASSIFY Joshua N. Hoderfield, Roads, from Laborer at $9.21/hour to Equipment Operator Trainee at $9.49/hour (grade 3) effective 06/26/04 for obtaining his CDL.

 

MISCELLANEOUS

 

Request for carryover of 1.5 days annual leave into next fiscal year for Suzanne Parks, Permits & Inspections.  Excess days to be used by July 31, 2004

Request for carryover of annual leave into next fiscal year for the following Public Works employees.  Excess days to be used by September 30, 2004:

Gary Page – 1.75 days

John Yedinak – 3 days

Matheu Carter – 4 days

 

Reappointment of Public Safety Pension Plan Board of Trustees members whose term expired June 30, 2004.  Their new term will be for 3 years through June 30, 2007:

Michael Browne as DES employee representative

Gerald Widdoes as Law Enforcement employee representative

 

OTHER APPOINTING AUTHORITIES PERSONNEL ACTIONS

 

RESIGNATIONS/TERMINATIONS

Angela R. Brueckman, DOH: 02/04/04, part-time Legal Secretary in the State’s Attorney’s Office, $12.88/hour (grade 6), resignation effective 05/14/04.

William J. Cairns, DOH: 03/18/02, Deputy First Class, Law Enforcement, $15.76/hour (grade 7P), resignation effective 06/11/04

 

APPOINTMENTS

Edward A. McCall, Deputy (non-certified), Law Enforcement, $13.18/hour (grade 5P1) effective 06/18/04

Correctional Officers for Detention Center, $12.80 (grade 5P) effective 06/28/04

Michael G. Vasiliou, Jr.

Wyatt A. Foraker

Kathleen A. Oliver

Jason M. W. Shepherd

Lenard A. Mauck, Jr.

Jamie R. Paulhamus

Charles D. Neal, Regular Part-time Office Services Specialist, Sheriff’s Office, $11.71/hour (grade 5) effective 07/01/04

Kathryn M. Craig, Jury Commissioner Assistant, Circuit Court, $14.42/hour (grade 6) effective 07/19/04

Rita M. Adkins, Legal Secretary, State’s Attorney’s Office, $12.88/hour (grade 6) effective 07/26/04

Summer Interns for 6-weeks in Circuit Court at $7.50/hour

Meng Cheng effective 06/21/04

Becky Streaker effective 06/21/04

Mindy Whitt effective 06/28/04

§          

PROMOTIONS/TRANSFERS/RECLASSIFICATIONS

PROMOTE Brian P. Mattison at the Detention Center from Correctional Officer at $12.80/hour (grade 5P) to Deputy First Class – Corrections at $14.59/hour (grade 6P) effective April 25, 2004.

PROMOTE Scott Adams from Corporal at $45,843 (grade 4L7) to Sergeant at $48,309 (grade 5L6) in the Law Enforcement Division effective 07/10/04

PROMOTE Cortley Carter from Deputy First Class at $47,537 (grade 3L11) to Corporal at $50,094 (grade 4L10) in the Law Enforcement Division effective 07/10/04

TRANSFER Donna McFarlane, Office Services Specialist from Work Release to Law Enforcement effective 06/04/04. No change in salary or grade

INCREASE for Sarah M. Abromitis from $12.02/hour to $12.38/hour (grade 5) effective 06/14/04 for earning a Bachelor’s degree in Accounting.

MISCELLANEOUS

Request for carryover of 6 days annual leave into next fiscal year for Peggy Benjamin, Treasurer’s Office.  Excess days to be used by August 31, 2004

 

- EASEMENT PRIORITIZATION OF MALPF FISCAL YEAR 2005 EASEMENT APPLICATION CYCLE –

 

David Black, Planning & Zoning appeared before the Board and presented the 2005 Easement Prioritization Applications for the Maryland Agricultural Land Preservation Foundation for Fiscal Year 05.  For the current easement cycle, MALPF has decided to accept 80% of the applicants from each county.  The property’s were prioritized according to the County’s prioritization formula and are as follows:

 

  1).  Coleman, John (west district) – Map 58, Grid 17, Parcel 72, 118.5 acres, zoned SAR

  2).  Coleman, John (east district) – Map 58, Grid 17, Parcel 72, 155 acres, zoned SAR

  3).  McLeer, Lauren – Map 42, Grid 24, Parcel 5, 333.8 aces, zoned SAR and RCA

  4).  England, Kenneth – Map 11, Grid 16, Parcel 5241, 5 aces, zoned NAR

  5).  England Farms – Map 11, Grid 17, Parcel 8, 82.39 acres, zoned NAR

  6).  Eastern Shore Land Conservancy, Map 62, Grid 7, Parcel 2, Lot 1, 80.4 acres, SAR

  7).  Mackie, Richard – Map 13, Grid 1, Parcel 637, 18.148 acres, NAR

 

            Motion was made by Vice President Kilby, seconded by Commissioner Manlove and unanimously carried to approve the first six (6) applications.

 

            - RESOLUTION – ADOPTION OF INMATE FEES –

 

            County Administrator Wein presented for consideration a Resolution that would change the current sliding scale for inmate wages to 20% of their gross daily pay.  This recommendation is pursuant to request of the Sheriff and Jeff Clewer, Community Adult Rehabilitation Center. 

 

            Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to approve the resolution increasing inmate fees.

 

            Paul Gilbert, Director, Economic Development & Tourism offered his assistance to any businesses, that may have suffered storm/flood damage, as a point of contact.

 

- RESOLUTION – MEDAAF LOAN FOR RESCR COMPANIES & CECIL COUNTY REVOLVING LOAD FUND FOR RESCAR COMPANIES –

 

            Director Gilbert presented a Resolution granting financial assistance to be provided to Rescar Companies by the Maryland Department of Business and Economic Development from the Maryland Economic Development Assistance Authority and fund for a new rail car repair, restoration and cleaning facility to be located in Elk Mills.  The Conditional Loan/Grant in the amount of $30,000 will be applied to the construction and occupancy of a $2million expansion of its existing rail car facility on approximately 28-acres in Elkton Mills, which will expand local employment opportunities from 30 to approximately 60 workers by 2006. In addition, the Resolution would grant a 10-year program of real property tax credits for Rescar Companies in the amount of exactly $300.00 per year on the increase to the assessment resulting from the expansion at the Elk Mills site, the cumulative tax credits equal the 10% local matching requirement of the MEDAAF Conditional Loan/Grant.

 

            Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to grant the aforementioned Resolution to Rescar Companies.

 

- RESOLUTION – PROPERTY TAX CREDIT, BURRIS CECIL, INC. & MEDAAF LOAN FOR BURRIS LOGISTICS – 

 

            Director Gilbert presented for approval a Resolution granting the financial assistance to be provided to Burris Logistics by the Maryland Department of Business and Economic Development from the Maryland Economic Development Assistance Authority and funding for a new Frozen Foods Distribution Center to be located near Elkton and for a local match for the MEDAAF Loan.  Burris Logistics has submitted an application to receive a Conditional Loan/Grant from the Department of Business and Economic Development MEDAAF in the amount of $4000,000. to be applied to the construction and occupancy of a new $23 million distribution facility at the Broadlands Business Park, which will employ 250 workers by 2007.  In addition the Resolution would provide a 10-year program of real property tax credits for Burris Cecil, Inc., in the amount of $4,000 per year, over and above the real property tax credits available to the owner through the Cecil County Enterprise Zone, so that the cumulative additional tax credits provide the 10% local match required for the MEDAAF Conditional Loan/Grant.

 

Motion was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried to grant the aforementioned Resolution to Burris Logistics, Inc.

 

- AGREEMENT – PETTINARO ENTERPRISES TRANSFER AND EXTENSION OF PREPAID WATER AND SEWER CONNECTIONS –

 

            Administrator Wein presented for approval an Agreement relating to the use and extension of prepaid water and sewer connections for parcels located off of Fletchwood Road, in the townhouse subdivision and apartment complex of West Creek Village, which expires on January 1, 2006 to January 1, 2010.

 

            Motion was made by Commissioner Guns, seconded by Commissioner Manlove and unanimously carried to approve the extension request of Pettinaro Enterprises.

 

            - PUBLIC WORKS –

                       

            Matt Carter, Director of Public Works advised the Board, pursuant to permission from the Maryland Department of the Environment the County Landfill will be extending their hours from 3:30 P.M. to 7:00 P.M. for disposal of storm damaged materials through Saturday.

           

            - BID AWARD NO. 05-08, LANDFILL TRACTOR TRUCK

 

            Upon the recommendation of Director Carter, motion was made by Commissioner Guns, seconded by Commissioner Hepbron and unanimously carried to approve  Bid Award No. 05-08 for the purchase of a 2005 Sterling LT9500 Tractor Truck for the Cecil County Landfill in the amount of $95,843.00 to Chesapeake Ford in Baltimore, MD.

 

            - BID AWARD NO. 05-11, HIGHLANDS WATER CONNECTIONS –

 

            Upon the recommendation of Director Carter, motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to approve the Highland Water Connections, Bid Award No.05-11 for Phases I & II in the amount of $119,200 to HIE Contractors. 

 

- DEED BETWEEN GLADWYNE, INC. AND THE BOARD OF COUNTY COMMISSIONERS FOR THE SUBDIVISION KNOWN AS WARNER WOODS –

 

            Upon the recommendation of Director Carter, motion was made by Commissioner Guns, seconded by Commissioner Hepbron and unanimously carried to accept the Deed between First Gladwyne, Inc and the Board of County Commissioners for the rights, ways, privileges and access for the installation, operation and maintenance of Utility and Drainage Easements.

 

            - CRYSTAL BEACH MANOR – NO PARKING SIGNS –

 

            Pursuant to the request of the Crystal Beach Manor Civic Association and the recommendation of Director Carter, motion was made by Commissioner Manlove, seconded by Commissioner Hepbron and unanimously carried to approve the erection of No Parking Signs throughout the area of Crystal Beach on roads as designated by the Department of Public Works.

 

            - BID AWARD NO. 05-07 – RETAINING WALL, BASIN RUN –

 

            Upon the recommendation of Director Carter, motion was made by Commissioner Manlove, seconded by Commissioner Hepbron and unanimously carried to ward Bid No. 05-07 for the replacement of the retaining wall at Basin Run Road to Subterra, Inc., of Rising Sun, in the amount of $81,181.00.

 

            - BID AWARD NO. 05-06 GUIDE RAIL INSTALLATION & REPAIR –

 

            Upon the recommendation of Director Carter, motion was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried to grant Bid No. 05-06 to Collinson, Inc., for repair and guide rail installation in the amount of $78,000.

 

            - STORM DAMAGE UPDATE –

 

            Director Frank Muller, Emergency Management Services provided a preliminary damage report to the Board.  Damages thus far from the storm have totaled approximately 1.4 million.  There are approximately three-dozen residential dwellings damaged, 6 major damaged properties and 3 condemned properties. 

 

            - BUDGET AMENDMENTS – 1 & 2

 

            Upon the recommendation of Administrator Wein, motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to approve Budget Amendments 1 & 2.

 

The next regular meeting of the Board of County Commissioners will be held on Tuesday, August 10, 2004 at County Administrative Building.

 

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

 

                                                                  _____________________________

                                                                  Alfred C. Wein, Jr.

                                                                  County Administrator