MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

October 21, 003

The Board of County Commissioners for Cecil County met in regular session at the V.F.W. Post 8185, 520 Susquehanna River Road, Port Deposit, MD on Tuesday, October 21, 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 October 4, 2003 special session Board of County Commissioners were unanimously approved.

The minutes from the October 4, 2003 meeting of the Board of County Commissioners were unanimously approved.

The minutes from the October 4, 2003 Board of Health of the Board of County Commissioners were unanimously approved.

- PUBLIC HEARING – AMENDMENTS TO MASTER WATER AND SEWER PLAN TABLES 5 & 11 – NORTH EAST/CHARLESTOWN WATER SERVICE & SEWAGE PLAN -

Mr. Eric Sennstrom, Director Planning, Zoning, Parks & Recreation presented to the Board the following amendments to the Master Water and Sewer Plan:

The Office of Planning, Zoning, Parks & Recreation has recommended an amendment to tables 5 & 11 of the water and sewer plan regarding Morning Cheer, Inc., to adequately reflect the amount of water and sewage consumption for the facility in accordance with all requirements of Section 9-503 of the Environment Article of the Annotated Code. A public hearing was held on October 20, 2003 and the amendment was recommended by the Planning Commission.

Comments in Support: None

Comments in Opposition: None

Motion was made by Vice President Kilby, seconded by Commissioner Hepbron and unanimously carried to approve the amendment to the Master Water and Sewer Plan Tables 5 & 11.

The Office of Planning, Zoning, Parks & Recreation has recommended an amendment to Appendix E, North East-Charlestown Area Sewer System Plan and North East-Charlestown Area Water Service Plan, Belvidere Road vicinity. A public hearing was held on October 20, 2003 and the amendment was recommended by the Planning Commission

Comments in Support: None

Comments in Opposition: None

Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to approve the amendment to Appendix E, North East-Charlestown Area Sewer & Water Services Plan.

- COMMISSIONERS COMMENTS –

Commissioner Guns – apologized for his tardiness, he explained that he had hit a deer on the way to the meeting tonight.

President Bolender – declined comment.

Commissioner Hepbron – declined comment.

Commissioner Manlove – commented regarding the controversial issues that would be discussed and action taken this evening. He explained that the decisions would be based on careful examination by each Commissioner and their beliefs.

- TREASURER’S REPORT –

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

PUBLIC COMMENT –

Linda Snyder, 340 Congress Ave., Havre de Grace – she spoke relative to the Bainbridge Development Corporation, House Bill 1152, stipulations in the legislation regarding the Tome School and the importance of long-term continuity in the BDC.

Ron Hamlen, 9 Locharron Drive, Elkton – spoke regarding the proposed Meadowview Wastewater Treatment Plant and the need to delay any action until the master plan has been completed.

Donald Poist, 71 North Main St., Port Deposit - commented regarding a recent meeting with the Delegation concerning the Bainbridge Development Corporation. He further spoke relating to the proposed contract with Berkshire Laboratories, and the conditions of the contract and the lack of communication between the BDC and the public.

Blaine Tilghman, 134 Kirkcaldy Drive, Elkton – spoke about future density changes and the proposed Meadowview Wastewater Treatment Plant.

Beth Kline, 42 Plum Shore Road, North East – informed the Board of the newly created PORT (business owners & residents of Port Deposit) and presented a petition encouraging the Mayor and Town Council of Port Deposit to recommend to the County Commissioners of Cecil County to keep the current appointment of Judy Leonard on the BDC. This group supports the BDC and is promoting revitalization to Port Deposit.

Richard Boyce, 11 Harvest Lane, Elkton – representing ARCA, encouraged the Board to delay the decision for the Meadowview Wastewater Plant.

Bob Porter, Fair Hill - addressed the Board concerning the lack of information regarding the master plan and Aston Pointe. He is also concerned regarding the Bainbridge Development proposal and the sparse information that has been provided.

Russell Holland, 20 E. Parkway, Elkton – spoke regarding density and open space in the northern end of the county.

Jeanette Hillyer, Port Deposit – agreed with comments made by Mr. Poist and thanked the Board for their consideration.

Walter Buck, III – Port Deposit – spoke regarding the Bainbridge Development Corporation appointments and thanked the Board for their consideration.

Gloria Kilby – Rising Sun – spoke regarding changes in the BDC. In addition she requested that acreage located within Bainbridge be set aside for the public school system, park land and a cemetery.

Tom McWilliams, Elkton – commented about population change, growth areas and the Comprehensive Plan.

- APPOINTMENTS –

Appointments to the Bainbridge Development Corporation are as follows:

Motion was made by President Bolender to re-appoint Mary Maloney to the Bainbridge Development Corporation. The motion died due to lack of a second.

Motion was made by Commissioner Hepbron, seconded by President Bolender and carried by majority vote to re-appoint Harlan Graef to the Bainbridge Development Corporation for a four-year term to expire October 18, 2007.

VOTE: Bolender – Y Kilby – N Hepbron – Y

Manlove – N Guns – Y

Motion was made by Vice President Kilby, seconded by Commissioner Guns and unanimously carried to re-appoint Cynthia Rossetti to the Bainbridge Development Corporation for a four-year term to expire October 18, 2007.

VOTE: Bolender – Y Kilby – Y Hepbron – Y

Manlove – Y Guns – Y

Motion was made by Commissioner Manlove, seconded by
Vice President Kilby and carried by majority vote to appoint Tom Coudon to the Bainbridge Development Corporation for a four-year term to expire October 18, 2007.

VOTE: Bolender – N Kilby – Y Hepbron – Y

Manlove – Y Guns – Y

Upon the recommendation of the Town of Port Deposit, motion was made by Commissioner Hepbron, seconded by Commissioner Guns and carried by majority vote to appoint Judy Leonard to the Bainbridge Development Corporation for a four-year term to expire October 18, 2007.

VOTE: Bolender – Y Hepbron – Y Kilby – N

Manlove – N Guns – Y

- PERSONNEL –

Upon the recommendation of Donna Nichols, Director, Human Resources, motion was made by Vice President Kilby, seconded by Commissioner Hepbron and unanimously carried to accept the following resignations/terminations:

Debra A. Bright, Training Coordinator (Grant Position)

Rose A. Walstrum, Adm. Asst., Liquor Board- retirement

Phillip F. Niles, Help Desk Analyst, Information Systems

Charlestine E. Thompson, Temporary on-call Janitor, Facilities Mgmt.

Suzanne C. Godwin, Temporary Seasonal Worker, Roads

James W. Monger, Temporary Seasonal Worker, Roads

Meaghan Ryan, On-call Paramedic, EMS

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

Amy Chaplin, part-time Outreach Coordinator, Domestic Violence Shelter, $15.32/hr (grade 8)

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

Stephen T. Davis, grant renewed as part-time Court Watch Coordinator at $18/hr. for 20/hours per week effective 10/04/03

Upgrade Mitchell W. Willis, Jr., from Equipment Operator I at $10.46/hr. (gr.4) to Welder Fabricator $12.88/hr. (grade 6) Roads effective 10//04/03

Reclassify Mary Bowser from part-time regular Janitor to on-call Janitor effective 10/15/03 at $9.77/hr. (gr. 3)

Upon the recommendation of Ms. Nichols, motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to adopt Carefirst Blue Cross Blue Shield as the new Third Party Administrator for the health care plan for Cecil County Government, Cecil Community College and Cecil County Public Library to become effective January 1, 2004.

- OTHER APPOINTING AUTHORITIES PERSONNEL ACTIONS –

Resignations & Terminations:

Valerie K. M. Albensi, Collection Specialist, Treasurer’s Office

Pou S. Chenelle, Nursing Supervisor, Detention Center

Appointments:

Joseph C. Wilson, Deputy, Law Enforcement, CCSO

Michael S. Zack, Deputy Law Enforcement, CCSO

Promotions/Transfers/Reclassifications:

Elizabeth Streaker, from Sergeant to Lieutenant at $20.90/hr. (10P1)

Christine M. Porter, from Corporal to Sergeant at $17.56/hr. (8P2)

James Corcoran, from Corporal to Sergeant at $17.56/hr. (8P11)

Brian Bennett from Deck to Corporal at $15.76/hr. (7P)

George Porter from Dfc to Corporal at $16.76/hr. (7P)

Dolores Quintero from Dfc to Corporal at $15.76 (7P)

Transfer: Avis Jones from Detention Center to Community Corrections

Promotions:

William P. Muller, PCO I to PCO II, $12.80/hr (gr.5P)

James T. Keller from Deputy to DFC at $15.76/hr. (gr. 7)

Larry M. Komeda from Deputy to DFC at $17.32/hr. (gr. 7P3)

Increase: Christopher M. Sutton, Acting Sergeant – Law Enforcement at $19.24/hr. (gr. 9P1)

Miscellaneous:

North East Fire Company has obtained their own payroll and insurance company for career people. The following people will no longer be on the County’s payroll or benefits effective 10/18/03:

· Terry Anderson

· Paul Brinkley

· Nicole Gilley

· Richard Overstreet

· Ray Stevens, Jr.

- RESOLUTION – HOTEL TAX NORTH EAST –

Upon the recommendation of Al Wein, County Administrator, motion was made by Commissioner Guns, seconded by Vice President Kilby and unanimously carried to grant a resolution between the Board of County Commissioners and the Town of North East authorizing the County to impose a tax on the retail rate charged for the use of a hotel/motel in the North East Area Taxing District. A copy of this Resolution is hereby incorporated into these minutes.

- RESOLUTION – EXPANSION OF ENTERPRISE ZONE-

Upon the recommendation of Paul Gilbert, Director, Economic Development and Tourism, motion was made by Commissioner Hepbron, seconded by Vice President Kilby and unanimously carried to approve a Resolution supporting the expansion of Enterprise Zone and the attraction of new industry in Cecil County for the purpose of expanding the industrial tax base and creating new employment opportunities for County residents.

The Board authorizes the Cecil County Office of Economic Development to submit an Application to the Secretary of Department of Business and Economic Development for the expansion of the Cecil County Enterprise Zone, to include 1). Broadlands Business Park; 2) Triumph Industrial Park; 3) Peninsula Industrial Park; 4) Principio Business Park; and 5) Perryville Industrial Park, totaling 1610 acres, for the purpose of further promoting local industrial and office development. A copy of this resolution is hereby incorporated into these minutes.

- BID RFP – 04-03 – SHERIFF’S OFC. PERIMETER SECURITY FENCE –

Upon the recommendation of the Purchasing Agent and the Cecil County Sheriff’s Office, motion was made by Commissioner Guns, seconded by Commissioner Hepbron and unanimously approved to award RFP 04-03 – Perimeter Security Fence to Mitco Gate & Fence Specialist in the amount of $46,059.

- BID 04-06, Four 4-WD FULL SIZE SUV’S – DEPT. EMERGENCY SERVICES –

Upon the recommendation of the Purchasing Agent and the Department of Emergency Services, motion was made by Vice President Kilby, seconded by Commissioner Guns and unanimously carried to award Bid 04-06 – Four 4WD Full Size SUV’s for the Cecil County Government, Department of Emergency Services to Hertrich Fleet Services, Inc., in the amount of $27,283.50 each.

- BIDS 04-07 THRU 04-13 – DETENTION CENTER FOODS –

Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Manlove, seconded by Commissioner Hepbron and unanimously carried to approve the following Bid Awards for Detention Center Food Contracts:

Bid #04-07; Milk Products – Hy-Point Dairy in the amount of $34,597.70

Bid #04-08; Baked Goods – Schmidt Baking Company for $20,848.00

Bid #04-09; Eggs – Hy-Point Dairy for $8,112.00

Bid #04-10; Meat Products – Carroll County Foods for $61,429.80

Bid #04-11; Canned Goods – Carroll County Foods for $32,333.76

Bid #04-12; Coffee, Tea & Juice was rejected, will have to be re-bid

Bid #04-13; Dry Groceries – Carroll County Foods for $44,101.90

- BID 04-14 GUARD RAIL INSTALLATION & REPAIR –

Upon the recommendation of Matt Carter, Director Public Works Department, and the Purchasing Agent motion was made by Vice President Kilby, seconded by Commissioner Guns and unanimously approved to award Bid #04-14 to Guardrail Etc., in the amount of $78,032.50.

- RECOMMENDATION FOR AWARD OF THE DESIGN/BUILD CONTRACT FOR REPLACEMENT OF THE MEADOWVIEW WASTEWATER TREATMENT PLANT –

Matt Carter presented a summary to the Board relating to the Design/Build proposals received by the Department of Public Works for the reconstruction of the Meadowview Wastewater Treatment Plant. Two Design/Build teams, Whiting Turner/GMB and Aqua Structure 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.

Discussions ensued between Board Members and Mr. Carter relative to the impact of future development may have on the Wastewater Treatment Plant. It was determined that the Wastewater Facility is being reconstructed due to the deterioration of a thirty (30) year old facility. The reconstruction has been in the planning stages since 2001 and is being designed to meet the current and future needs of the business and residents in that area.

Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to award the Design/Build 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:

1). Amend the Capital Improvements Plan to reflect the AquaStructure costs, plus approximately $100,000 in geotechnical testing and engineering inspections. Total proposed CIP is $7,915.00.

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 the Maryland Department of the Environment through their State Revolving Fund in FY 2004.

3). Confirmation from Maryland Department of the Environment of the availability of State Revolving Funds in the amount of $7,915,000.

4). Satisfactory negotiation of a Design/Build contract between the Board of County Commissioners of Cecil County and AquaStructure Delaware, LLC.

5). A Sanitary Sub-district being created in the Meadowview service area.

- BUDGET AMENDMENTS –

Motion was made by Commissioner Hepbron, seconded by Vice-President Kilby and unanimously carried to approve Budget Amendments 48 – 54.

The next meeting of the Board of County Commissioners will be on Tuesday, November 4, 2003 at 7:00 p.m., at the County Administrative Building, 107 North Street, Elkton, MD.