MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

 

July 15, 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, July 15, 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

 

            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 24, 2003 meeting of the Board of County Commissioners were unanimously approved.

 

            The minutes of the Informational Meeting for July 8, 2003 were unanimously approved.

 

-         COMMISSIONER’S COMMENTS –

 

Commissioner Manlove declined comment.

 

Commissioner Hepbron declined comment.

 

President Bolender – commented about the Informational Meeting held on July 8th regarding the Octararo Trail. He stated the Board would be looking into this matter further.  President Bolender further commented regarding Chautaqua at the Cecil Community College.  Each of the board members hosted a night for this event.  In addition, Commissioner Bolender commented on the Pretty Baby Contest that he and Vice-President Kilby recently judged at the North East Water Festival.

 

Vice President Kilby – also commented on the Pretty Baby Contest at the North East Water Festival.  She further advised that she was present during the Susan B. Anthony presentation at Chautaqua.  Commissioner Kilby encouraged the public to take advantage of the event and to write the sponsors to continue funding of Chautaqua at the Cecil Community College.

 

Commissioner Guns – commented about his evening at Chautaqua, during which, Frederick Douglas was portrayed.  He further commented regarding the recent reception that he and the other Commissioners attended at the Governor’s Mansion. 

 

-         TREASURERS REPORT –

 

Pamela Howard, Treasurer for Cecil County presented the Treasurer’s Report as of June 30, 2003. 

 

-         BOY SCOUT TROOP 141 – REQUEST FOR EAGLE SCOUT PROJECT –

 

Appearing before the Board, Boy Scout Troop 141 representatives, Jim Brady and Michael Hillary with a request to construct playground equipment and a pavilion at the Elk River Park, Brownies Shore.  The Scouts presented photos and plans for their proposed project.  The playground equipment will consist of a swing set with slides; the pavilion will be 25’x40’ in size.  The scouts will work individually and collectively with other scouts and parents in the troop toward the completion of this project.  The River Point Landing Homeowner’s Association has assented to this project.

 

-         PUBLIC COMMENT –

 

Michael Dickinson, 100 Piney Creek Lane – requested from the Board to repair and pave Elk River Lane.  He stated that this road is in disrepair and has been for quite some time.  Mr. Dickinson explained that he conducts a business from his home, and that the road conditions hinder this business.

 

Harry Russell, 250 Elkview Road – advised the Board that Elk River Lane has not been resurfaced in forty years.  He encouraged the Board to consider, at the very least, tar and chip for this road.

 

Robert Hodge, 11 Elk River Lane – requested the Board authorize scratch coat and tar and chip to Elk River Lane.

 

Matt Spon – Landscape Architectural Services, LLC, requested from the Board to negotiate with his company in reference to the RFP for Stoney Run and Conowingo Parks. 

 

Ronald Rae, 4 St. Pat’s Circle – commented regarding Indian Acres and encouraged the Board to take the proper steps to ensure that all residents living in that community pay taxes year round.  He advised the Board, with the start of the upcoming school year, there will be approximately eighty children who live in Indian Acres community during the school year attending Cecil County Public Schools. 

 

Lisa Lanzi, 21 Sheryl Drive – spoke to the Board concerning HB 731 adopted during the last legislative session.  Mrs. Lanzi is the surviving spouse of Tfc. Joseph Lanzi, killed in the line of duty.  HB 731 allows a governing body of a county to grant a property tax credit for surviving spouses of law enforcement under certain circumstances.  Mrs. Lanzi requested the Board pass such a resolution in Cecil County.

 

Jim Mullen, 1676 Glebe Road – addressed the Board concerning matters relating to land use and infrastructure in the future.  He encouraged the members to “think outside of the box, work together, and be the voice of reason”, for Cecil County.

 

Vance Fields – spoke to the Board considering the article in the Cecil Whig concerning severance tax on gravel.  He suggested that rather than a Tax, the Board may consider a mineral extraction fee, similar to Carroll and Caroline Counties.

 

-         APPOINTMENTS – PLANNING COMMISSION - 

 

President Bolender called for a motion for the appointments to the Planning Commission for a three- year appointment to expire on 8/3/06

 

Timothy J. Smith, 74 Willow Oak Court, Elkton

William Mortimer, 21 Ulmer Lane, North East

Russell Farrell, 27 Borens Shore Lane, Elkton, Alternate

 

Commissioner Guns, made motion to separate the appointments, seconded by Commissioner Manlove.

 

VOTE:   Bolender – N                    Kilby – Y       Hepbron – N

 Manlove – Y             Guns – Y

 

            Motion to separate appointments passed by a majority vote.

 

            Appointments were then take to vote.

 

Timothy Smith – VOTE:   Bolender – Y           President Kilby – N            Hepbron – Y                        Manlove – N             Guns – N

 

            William Mortimer – VOTE:  Bolender – N        Kilby – Y       Hepbron – N

            Manlove – Y             Guns – Y

 

            Alternate – Russell Farrell – VOTE:  Bolender – Y    Kilby – Y   Hepbron – Y

            Manlove – Y             Guns – Y

           

            The following were appointed to the Planning Commission:

 

            William Mortimer

            Russell Farrell, Alternate

 

            Motion was made by Vice-President Kilby, seconded by Commissioner Guns to appoint Keith Williams to the vacancy on the Planning Commission.

 

            President Bolender stated that he is very concerned that there is no representation from the most populous area of the county, Elkton.

 

            Vice President Kilby stated that in the most current planning commission there is no representation from the Perryville, Port Deposit, Rising Sun, due to the growth in these areas, they need representation

 

            President Bolender reiterated his concern that the first district will not be represented.

 

            Commissioner Guns – represented that the Planning and Zoning Commission is one of the most important committees. Growth within the county needs to be controlled in some form. The volunteers are very important to maintain the culture, quality of life that we have in this County.  He further stated that he is committed to make sure that it is a balanced committee with equal representation.

 

            The motion on the floor to appoint Keith Williams was taken to vote:

 

            Bolender – N   Kilby – Y   Hepbron – N    Manlove – Y   Guns – Y

 

            Motion carries to appoint Keith Williams to the Planning Commission, term to expire 8/3/06.

 

            - PERSONNEL -

 

            - RESOLUTION – SPECIAL ADMINISTRATIVE LIMITED LEAVE –

 

            Dwight Thomey, County Attorney presented to the Board a Resolution for Special Administrative Leave in addition to the benefits available under Workers’ Compensation Law to personnel who are injured in the line of duty.  This leave shall be restricted to absences or illnesses caused when performing uniquely dangerous governmental duties such as roadwork or law enforcement duties.  Granting of this leave shall be discretionary to the Board of County Commissioners.

 

            Upon the recommendation of Dwight Thomey, motion was made by Vice-President Kilby, seconded by Commissioner Hepbron and unanimously carried to adopt the above resolution and to grant special administrative leave to Dfc. Felix Cervantes for a period of two-years effective November 1, 2002.

 

            Upon the recommendation of Donna Nichols, Director, Department of Human Resources, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron and unanimously carried to approve the following resignations:

Rebecca E. Long, Case Worker Associate 8/1/03

            Tamaam T. Vitale, Training Coordinator, DSS, 7/10/03

 

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

 

Jeffrey Thorpe, Code Compliance Inspector, Permits & Inspections, $28,949 (gr. 7)

Samantha Collins, Temporary Office Svcs. Asst. Facilities Management, $8.50/hour (grade 2)

Bryan L. Shiel, Temporary Seasonal Worker, Roads Northern Area, $8.50/hr (gr. 4)

            Kenneth Rodgers, Equipment Operator I, SWD, $10.46/hr (grade 2)

            Michael Grace, Laborer, SWD, $9.21/hr. (gr.3)

Ashley Vannoy, Field Hockey Instructor, Parks & Rec., compensation based on registration.

Debra Bright, grant funded Training Coordinator, DSS through 9/30/03

 

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

 

Promote – Jaclyn D. Hollenbaugh, Social Worker I, at $31,859.00 (gr. 8) to Social Worker II, $35,056.00 (gr. 9), effective January 1, 2003.

Reclassify two EMS Captain positions (grade 8P) to EMS Paramedic Lieutenant (grade 7P) with no change in salary due to addition of new paramedic unit

o       Denise Harvey

o       Michael Deckard

 

Upon the recommendation of Ms. Nichols, motion was made by Vice-President Kilby, seconded by Commissioner Guns to allow vacation carryover for Brian Caffrey, Roads, request to carryover 44 hours of accrued vacation into next fiscal year.  (Must be used by August 31, 2003)

 

Other Appointing Authorities Personnel Actions:

 

Patricia Fonner, Legal Secretary, State’s Attorney’s Office, Retirement

Patricia Nichols, Circuit Court, Pro Se Services Assistant, contract end

Jennifer Stanko, Sheriff’s Office, Training Coordinator, Resignation

Donna Athmann, Sheriff’s Office, PCO, Resignation

Rebecca Anderson, Junior Accountant, Accounting Office

Dolores Ayers, Legal Secretary, State’s Attorney’s Office

Patricia Nichols, Scheduling Clerk, Circuit Court

Correctional Officers – Detention Center

o       Carl J. Conoway, Jr.

o       Matthew R. Goss

o       Earl E. Johnson

Valerie McMillan – Promotion, Treasurer’s Office

 

- RESOLUTION – PROPERTY TAX CREDIT FOR SURVIVING SPOUSE OF A LAW ENFORCEMENT OFFICER –

 

            County Administrator Wein, presented to the Board a Resolution authorizing the county to grant a full tax credit to the surviving spouse of a law enforcement officer for a term equaling the number of years that the surviving spouse resides in the applicable home pursuant to House Bill 731, and applicable to tax years beginning after June 30, 2003.

 

            Motion was made by Vice-President Kilby, seconded by Commissioner Guns and unanimously carried to grant the Surviving Spouse Tax Credit.

 

- BID 03-35 – MOTOROLA RADIOS & ACCESSORIES –

 

            Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Guns, seconded by Vice-President Kilby and unanimously carried to award the Bid 03-035 to Communications Electronics, Inc., in the amount of $32,500.

 

-  ELK RIVER PROJECTS – BOY SCOUT TROOP 141 -

 

Upon the recommendation of Eric Sennstrom, Director, Planning, Zoning, Parks and Recreation, motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to grant the request of Boy Scout Troop 141 for Eagle Scout Projects at the Elk River Park.

 

-         REQUEST FOR PROPOSALS – MASTER PLANS – CONOWINGO PARK, RFP # 03-03 AND STONEY RUN PARK, RFP# 03-04 –

 

Mr. Ed Slicer, Manager, Parks & Recreation, presented to the Board the proposal for the master plans solicited by the County for the Conowingo and Stoney Run Parks. With only one bidder responding it has been determined that this bid is too high.  Therefore, Mr. Slicer requested this proposal be re-bid. 

 

Commissioner Manlove questioned the feasibility of negotiating with Architectural Services, LLC rather than re-bidding since they were the only bidder.  Mr. Slicer advised pursuant to notification from the purchasing agent, this matter must be disposed of first then negotiations can proceed.

 

Mr. Thomey it is the pleasure of the Board, whether or not to re-bid or negotiate with the lone bidder.

 

Vice-President Kilby read the e-mail forwarded to her by Bernard Brown of the Conowingo Lions Club and their limited requests for the Conowingo Park.

 

Mr. Thomey advised the Board that generally, if the parameters of the proposal were being changed the proposal would need to be re-bid.

 

                        Motion was made by Commissioner Hepbron, seconded by Vice-President Kilby and unanimously carried to reject the bids for the Conowingo Park, 03-03 and Stoney Run Park, 03-04. 

 

 

 

 

 

-         RESOLUTION – FEASIBILITY STUDY REGIONAL WATER & WASTE WATER SYSTEM FOR THE PORT DEPOSIT & PERRYVILLE AREAS –

 

Upon the recommendation of Paul Gilbert, Economic Development, Motion was made by Vice-President Kilby, seconded by Commissioner Guns and unanimously carried to approve a resolution authorizing the Office of Economic Development to make application to the Maryland Department of Business and Economic Development for a $13,055.00 MEDAAF Grant to provide for the balance (70%) of the funding necessary to complete the water and wastewater feasibility study.  This resolution further authorizes the President of the Board to execute any and all Agreements and other documentation in connection with the County’s receipt of the MEDAAF Grant; and approves the matching Grant of $2,797.50 from the Office of the Economic Development to the BDC, as well as the Regrant of the subject $13,055.00 from Cecil County Government to the BDC.

 

-         AWARD OF BID NO. 04-02 - FY 04 GRASS MOWING CONTRACT –

 

Upon the recommendation of Matt Carter, Director, Department of Public Works, motion was made by Vice-President Kilby, seconded by Commissioner Manlove and unanimously approved to award Bid No. 04-02, Grass Mowing Contract to Magnum Construction in the amount of $62,000.00 and Construction and Machinery Services, Inc. in the amount of $60,000.00.

 

-         AWARD OF BID 03-29 – RIGHT OF WAY CLEARING –

 

Upon the recommendation of Matt Carter, motion was made by Vice-President Kilby, seconded by Commissioner Manlove and unanimously approved to award Bid No. 03-29 to Dixie Construction in the amount of $50,500.00 for the following areas:  North East High School/de la Plaine; Fleming Foods/Leslie Water Plant; Stoney Run Interceptor, Rt. 40 – Rt. 7 and Landfill Lane for the Right-of-Way Clearing so that the County can maintain the sewers.

 

Motion was made by Commissioner Manlove, seconded by Vice-President Kilby and unanimously carried to approve Budget Amendments 1-7.

 

The next meeting of the County Commissioners will be held on Tuesday, August 19, 2003 at 2:00 p.m., in the Commissioners Board Room, 107 North Street, Elkton, MD  21921.