MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS MEETING
October 7, 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, October 7, 2003. 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 7:00 p.m. and opened with the Pledge of Allegiance.
The minutes from the September 4, 2003 Rezoning Hearings were unanimously approved.
The minutes from the September 16, 2003 meeting of the Board of County Commissioners were unanimously approved.
The minutes from the September 23, 2003 special session of the Board of County Commissioners were unanimously approved.
- PUBLIC HEARING – TRANSPORTATION DEVELOPMENT PLAN, DEPARTMENT OF AGING, ABRAMS-CHERWONY & ASSOCIATES –
Mr. Walt Cherwony of Cherwony & Associates presented to the Board the Cecil County Transit Development Plan. This plan was funded by the State of Maryland in support of the Cecil County’s Transit Program.
Mr. Cherwony touched on the study process; the existing service; and what the proposals are for a fixed route service that would operate on a time-table; demand responsive service (a reservation system), and suggestions for the organization of these services.
The report scheduled to be released shortly, will identify a plan for five zones within the county that will be maximized to make this project cost efficient. This study will reflect the need for transit in the county in conjunction with projected growth in the county over the next several years.
COMMENTS IN SUPPORT: None
COMMENTS IN OPPOSITION: None
- PUBLIC HEARING – PROGRAM OPEN SPACE ANNUAL PROGRAM, FISCAL YEAR 2004, PARK ACQUISITION & DEVELOPMENT PLAN FOR CECIL COUNTY –
Upon the recommendation of Edward Slicer, Manager, Parks & Recreation, motion was made by Commissioner Hepbron, seconded by Vice President Kilby and unanimously carried to approve the revision to the Program Open Space FY 2004 Plan allocating $31,796.00 in additional monies provided by the State for enhancements, approved the Board of Parks & Recreation and the Planning Commission for the following projects: Charlestown, Trinity Woods Basket Ball Court; Elk Landing Phase Two, second installment; Diddy Richardson Park, Rising Sun; Hopkins Quarry Survey; Trail Head Design for Perryville and several safety improvements for the Rising Sun Community Park.
COMMENTS IN SUPPORT: None
COMMENTS IN OPPOSITION: None
Upon the recommendation of Mr. Slicer, motion was made by Commissioner Guns, seconded by Commissioner Hepbron and unanimously carried to approve funding through Project Open Space for the purpose of lighting the Founders Field at the North East Little League Park, in the amount of $31,579.00. The North East Little League will contribute $10,527.55 of in-kind contributions for this project.
COMMENTS IN SUPPORT: None
COMMENTS IN OPPOSITION: None
Upon the recommendation of Mr. Slicer, motion was made by Commissioner Manlove, seconded by Commissioner Kilby and unanimously carried to approve funding through Project Open Space for the completion of two ball fields at the Cecilton Little League Park. This project will include two back stops, fencing and surfacing in the amount 37,500. The town of Cecilton will provide for 25% of the total $50,000 project.
Upon the recommendation of Mr. Slicer, motion was made by Commissioner Manlove, seconded by Commissioner Guns and unanimously carried to approve funding through Project Open Space for Elk Landing Acquisition - Phase II in the amount of $100,969.35.
COMMENTS: Commissioner Hepbron inquired as to how many phases this acquisition will require.
Mr. Slicer advised there would be a total of nine acquisitions.
COMMENTS IN SUPPORT: None
COMMENTS IN OPPOSITION: None
- PUBLIC HEARING – CECIL COUNTY SMART CODES REPORT, OFFICE OF PLANNING & ZONING –
Mr. Eric Sennstrom, Director Planning, Zoning, Parks & Recreation introduced Mr. Peter Redman, Principal Consultant, Redman/Johnston Associates to present the findings of a study conducted, pursuant to funding through the Maryland Department of Planning Grant.
Mr. Johnston presented the Smart Codes report prepared by his firm. This report included the following topics:
As a result of this study Mr. Johnson provided the Study Findings and Recommendations to the Board.
COMMENTS IN SUPPORT:
COMMENTS IN OPPOSITION:
- PROPOSED SCHEDULING CHANGES FOR DART RT. 65 BUS -
Anthony DiGiacomo, Office of Planning & Zoning and David Gula, Delaware Transit Corporation presented the semi-annual and revision of Route #65.
Mr. Gula presented to the Board the following changes to allow for an expansion of the route to include a park and ride at Route 4 and Route 896. This park and ride is currently served by all the Newark Routes and the time schedule will be modified by three minutes to meet the needs of the meet the Septa Train schedule.
Mr. Gula advised the Board that there are approximately 65 Cecil County residents taking advantage of the DART Bus Service. Future prospective additions for stops will be the Elkton Middle School and Route 279 near the truck stops, provided there is a cooperative effort with the State Highway Administration.
- COMMISSIONER’S COMMENTS –
President Bolender commented regarding the bond sale that took place today, October 7. He also commented relative to the AA Bond Rating the county received from Standard & Poor’s. He advised that the Bonds were sold at a 3.54% interest rate and that seven different companies submitted bids for this bond.
Commissioner Hepbron also spoke regarding the bond sale and the rating upgrade. He feels as though this upgrade was received due to the strength and economic growth of the county.
Commissioner Kilby presented the County Commissioners with a gift from the 4-H in honor of their support of the group. She commented on recent Family Day at the Farm events that have been held throughout the county recently. She further commented regarding the Upper Shore Council that is forming and the members of the Board who will participate.
Commissioner Manlove congratulated the Board on the bond upgrade. He further commended the Department of Public Works for their hard work during the recent hurricane. Through their hard work and dedication, the roads of the county were cleared in a timely fashion.
Commissioner Guns also commended the Public Works Department for their dedication not only during the recent hurricane, but during the entire year. He also commended Conectiv for their hard work during the storm, especially John Denver, who made himself available and accessible during this time. Commissioner Guns further commented favorable regarding the bond sale and attributed the rating upgrade to continued economic growth.
- PROCLAMATION – DOMESTIC VIOLENCE AWARENESS MONTH –
President Bolender presented to Kelly Cover, on behalf of the Cecil County Domestic Violence Program a proclamation proclaiming the month of October Domestic Violence Awareness Month and to promote the continuation of public awareness and education of Domestic Violence in Cecil County.
- PUBLIC COMMENT –
Frank Vari, 80 North Drive, Earleville, spoke on behalf of the citizens of West View Shores regarding the inadequate responses to his complaints regarding road conditions in his area. He further proposed a neighborhood task force for all communities in the county.
George Whitmyre, 24 Lochcarron Drive, Elkton, spoke relative to the proposed Aston Pointe Development receiving water from Chester County Pennsylvania. He distributed an article recently published in the News Journal regarding the dependence on out-of-state water sources.
Ed Cairns, 104 Jackson Hall Road, Elkton, addressed the Board relative to the Aston Pointe Development. He voiced his concerns regarding gas lines running through the area, added traffic volume and water resources. He encouraged the Board to promote responsible development in other areas.
- APPOINTMENTS –
Motion was made by Vice President Kilby, seconded by Commissioner Guns and unanimously carried to appoint the following to the Mechanical Board for a five-year term to expire on 9/21/08:
Jerry Lawson, 536 Frist Road, Colora, MD 21917
Motion was made by Vice President Kilby, seconded by Commissioner Guns and unanimously carried to appoint the following to the Cecil Partnerships for Children, Youth and Families Board to fill the remainder of the term of Renna Van Oot, which will expire on 3/1/04:
Howard Isenberg, Family Services Assc. 718 Bridge St., Elkton, MD
Motion was made by Commissioner Hepbron, seconded by Vice-President Kilby and unanimously carried to appoint the following to the WILMAPCO PAC Committee for a three-year term to expire on 10/1/06:
Pat Folk, 1 Old Farmhouse Lane, Elkton, MD
Motion was made by Vice President Kilby, seconded by Commissioner Hepbron and unanimously carried to appoint the following to the Upper Shore Council:
Voting Members
Nelson K. Bolender
Phyllis Kilby
Harry A. Hepbron
Ex-Officio Members
William C. Manlove
Mark H. Guns
Alfred C. Wein, Jr.
Motion was made by Vice President Kilby, seconded by Commissioner Hepbron and unanimously carried to amend the appointment of June 24, 2003 and rescind the amendment of expiration dates of Clifford England and Donald Gifford to the Economic Development Ag Advisory Board to read “no expiration date”.
- PERSONNEL –
Motion was made by Vice President Kilby, seconded by Commissioner Hepbron and unanimously carried to accept the following resignations/terminations and retirements:
Deborah A. Loller, Administrative Asst., Economic Development, Retirement effective 10/1/03
Kenneth L. Rodgers, Laborer, SWD
David Lebowitz, on-call Paramedic, EMS
Jacklyn Hollenbaugh, Social Worker II, DSS
Kenneth K. Karr, II, Equipment Operator I, SWM
Motion was made by Vice President Kilby, seconded by Commissioner Manlove and unanimously carried to accept the following appointments:
Cheryl Sottnick, Ofc. Svcs. Specialist, DHR, $11.71 (grade 5)
Lisa Jones, Adm. Asst. Planning & Zoning, $12.88 (grade 6)
Appoint the following to Community Emergency Response Trainers (CERT Instructors) to be paid $25/hour for actual class instruction and $7.50 for non-teaching hours worked:
· Brian Atias
· Bernard Chiominto
· Charles Gardner
· William Graham
· George Hollenbaugh
· James Pardee
· Patrick Smythe
Motion was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried to approve the following promotions/transfers/reclassifications:
Deborah J. Graham from Planning & Zoning to Economic Development. Same job title and hourly rate – Adm. Assistant - $18.74/hour (grade 6)
Mark Reeder from Equipment Operator I to Sign Maintenance Technician, same grade (4) and hourly rate ($14.70)
James VanZile from Equipment Operator II to Operator Trainee in Water & Wastewater at same grade (5) and hourly rate ($12.42)
Raymond Ruyter from Water & Wastewater as Operator I $12.42/hour (grade 5) to Northern Area Roads District as Equipment Operator I $12.42/hour (grade 4)
Motion was made by Vice President Kilby, seconded by Commissioner Guns to approve acting pay status for Michael Browne from $45,920.94 (grade 10P) to $54,621 (grade 13P) for performing duties in the absence of the Director of Emergency Services. Acting pay status will be effective September 22, 2003.
Other Appointing Authorities Personnel Actions
Resignations/Terminations: Amy Empson, Temporary Office Worker, Sheriff’s Office, $9.00/hour end of appointment: 9/12/03
Appointments:
Robert P. Worrall, ISA, Sheriff’s Office, $39, 700 (grade 9), effective 9/22/03
Darryl Osborne, Correctional Officer, Detention Center, &12.80/hour (grade 5P), effective 9/29/03
Erica N. Ringgold, PCO I, Sheriff’s Ofc., $10.46 (grade 4P) effective 10/4/03
Promotions/Transfers/Reclassifications:
William J. Cairns from Deputy to Deputy First Class $15.76/hour (grade 7P)
Dennis Campbell from Corporal to Sergeant, $19.89/hour (grade 9P2)
Gregory S. Hall from Deputy to Deputy First Class $16.26/hour (grade7P1)
Miscellaneous:
Increase for Donna Zane, Accountant, Treasurer’s Ofc., $33,500 to $34,505 same pay grade 8
Increases for the following State’s Attorney’s Office employees effective July 1, 2003, per Chris Eastridge’s memo dated 7/15/03:
· John H. Buck, Assistant State’s Attorney, from $39,140 to $42,000
· Karl H. Fockler, Assistant State’s Attorney, from $39,140 to $42,000
· Joan B. Grabowski, Assistant State’s Attorney, from $44,000 to $47,000
· Anita Boddy, Office Services Assistant from $11.01/hr to $11.60/hr
· Alan L. Michael, Investigator, from $17.60/hr to $18.56/hr
- HALLOWEEN TRICK-OR-TREAT IN CECIL COUNTY –
Motion was made by Vice-President Kilby, seconded by Commissioner Manlove to declare Friday, October 31, 2003, 6:00 PM to 8:00 PM Halloween Trick-or-Treat Night in Cecil County.
- WAIVER OF FEES- DELAWARE VALLEY DEVELOPMENT COMPANY MAPLE HEIGHTS APARTMENTS, TOWN OF RISING SUN –
Motion was made by Vice-President Kilby, seconded by Commissioner Guns and unanimously carried to grant a waiver of building permit fees and occupancy permit fees for the Maple Heights Apartment Complex within the Town of Rising Sun. The Mayor and Town Commissioners of Rising Sun are in favor of this waiver.
- ASSIGNMENT OF ADMINISTRATION OF FOREST CONSERVATION PROGRAM TO CECIL COUNTY BY TOWN OF PORT DEPOSIT –
Upon the recommendation of Mr. Wein, County Administration, motion was made by Vice President Kilby, seconded by Commissioner Guns to execute an agreement between the Board of County Commissioners and the Town of Port Deposit relating to the assignment of administration of the Forest Conservation Program to Cecil County from the Town of Port Deposit.
- RESOLUTION – HOTEL TAX NORTH EAST –
Mr. Wein presented before the Board a Resolution to impose a tax on the retail rate charged for the use of a hotel/motel room within the taxing district of the Town of North East. At the request of the Town of North East a resolution is proposed for a rental tax at the rate of three (3%) of the transient charge paid to any hotel within the municipal limits of the North East Hotel Taxing District. This resolution was introduced at the September 16, 2003 Board of County Commissioner’s Meeting and with several amendments to the description of boundaries, presented to the Board for approval.
Discussion:
Commissioner Guns indicated that he would like to be able to obtain additional information regarding this matter. He further stated that before raising any taxes he wants to make sure he has all of the information.
Motion was made by Commissioner Guns, seconded by Vice President Kilby and carried by majority vote, to delay the vote until the October 21, 2003 Board of County Commissioners Meeting.
VOTE: Bolender – N Kilby – Y Hepbron – Y
Manlove – N Guns – Y
-BID- 04-04 – DETENTION CENTER OVEN –
Motion was made by Vice President Kilby, seconded by Commissioner Manlove and unanimously carried to reject bids submitted for the replacement of the Detention Center Oven, for failure to comply with required site visit.
-BID – 04-05 – TRUCK REFINISHING –
Motion was made by Vice President Kilby, seconded by Commissioner Guns and unanimously carried to award Bid 04-05 for the refinishing of a Department of Public Works Truck to Color Works in the amount of $24,000.
-BID – 04-06 – 4 WD FULL SIZE SUV, DEPT. EMERGENCY SERVICES –
Motion was made by President Bolender, seconded by Commissioner Hepbron and unanimously approved to table the Bid Award until the Board has reviewed the letter from DES describing why the one bid was deemed to be non-responsive.
-BID- 04-02 – LANDFILL BULLDOZER –
Upon the recommendation of Matt Carter, Director, Public Works, motion was made by Commissioner Hepbron, seconded by Vice President Kilby and unanimously carried to award the bid to Alban Tractor/Caterpillar in the amount of $123,104.00 to the lone bidder.
-REMOVAL OF LOAD LIMIT SIGNS ON PEARL STREET –
Upon the recommendation of Mr. Carter, motion was made by Commissioner Hepbron, seconded by Vice President Kilby and unanimously carried to remove the load limit signs on Pearl Street at Stone Run in Rising Sun.
-WAIVER OF FORMAL BIDDING PROCESS - REPLACEMENT OF ROAD CULVERT – COLORA ROAD
Upon the recommendation of Mr. Carter, motion was made by Vice President Kilby, seconded by Commissioner Guns to waive the formal bidding process and place the project on a fast-track due to damage incurred by Hurricane Isabel.
Discussion: Commissioner Guns inquired as to whether this process would affect any FEMA reimbursements the county may be eligible to receive. Mr. Carter indicated that the waiver of formal bidding process would have no impact on any FEMA reimbursements.
-UPDATE DESIGN/BUILD CONTRACT FOR REPLACEMENT OF THE MEADOWVIEW WASTEWATER TREATMENT PLANT –
The Department of Public Works has solicited and received proposals from two firms for the Design/Build reconstruction of the Meadowview Wastewater Treatment Plant. Two Design/Build teams, Whiting Turner/GMB and AquaStructure Delaware, LLC, submitted Best and Final proposals that provided conceptual design proposals which yield great flexibility, a larger initial construction, and a cost similar or less to that for the previous, smaller plant proposal. The two proposals were evaluated by DPW administrative and operations staff, the Budget Manager, and the County Attorney. All input was provided for consideration in making this recommendation.
The Department of Public Works recommends the following:
1. Amend the Capital Improvements Plans to reflect the AquaStructure costs, plus approximately $100,000 in geotechnical testing and engineering inspection. Total proposed CIP is $7,915,000.
2. Amend the current year budget to bring forward the FY 2005 monies (the CIP had erroneously been constructed on a cash flow basis rather than on the basis of when contracts would actually be encumbered) and add sufficient budgetary authority to borrow $7,915,000 from Maryland Department of the Environment through their State Revolving Fund in FY 2004.
3. Award the Design/Building of the Meadowview WWTP (1.0 mgd WWTP with common elements for the build out of 1.2 or 1.5 mgd) to AquaStructure Delaware, LLC in the guaranteed maximum price of $7,813,127.00, contingent upon the following:
a. Confirmation from Maryland Department of the Environment of the availability of State Revolving Funds in the amount of $7,915,000.
b. Satisfactory negotiation of a Design/Build contract between the Board of County Commissioners of Cecil County and AquaStructure Delaware, LLC,
4. Direction to the Department of Public Works to propose a Sanitary Sub-district in a future public hearing for the Meadowview service area to enable a Benefit Assessment for new users of the system.
Due to the complexity of this item and the fact that it was not on the agenda that was in the Cecil Whig, Mr. Carter recommends that the decision be continued to the October 21, 2003 meeting.
- BUDGET AMENDMENTS – 41-47
Upon the recommendation of Mr. Wein, motion was made by Commissioner Guns, seconded by Vice President Kilby and unanimously carried to approve Budget Amendments 41 – 47 and Board of Education Budget Amendment No. 1.
Dwight Thomey, County Attorney recommended that the Board adjourn the regular meeting and move to an executive session in order to discuss personnel matters.
The next meeting of the County Commissioners will be on Tuesday October 21, 2003 at 7:00 P.M. in Port Deposit, Maryland.