MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS MEETING
November 16, 2004
The Board of County Commissioners for Cecil County met in regular session at the Perryville Town Hall , 515 Broad Street , Perryville , MD on Tuesday, November 16, 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 7:00 p.m. and opened with the Pledge of Allegiance.
The minutes from the October 19, 2004 meeting of the Board of County Commissioners were unanimously approved.
The minutes from the November 8, 2004 special meeting for the purposes of the bond issuance were unanimously approved.
Mr. Eric Sennstrom, Director, Planning, Zoning, Parks & Recreation appeared before the Board and presented for action the text amendments relating to the Comprehensive Plan, Subdivision Regulations and Zoning Ordinance pursuant to the report of the Planning Commission presented in June, 2004 and reviewed by the Board of County Commissioners. The following items are recommended by the Planning Commission for approval as drafted, with no changes required:
Elements: Smart Codes, Watershed Protection, Appearance Standards, Historic District, Urban Growth Boundaries, Greenways, Agricultural Preservation and the addition of vision to Adequate Public Facilities & Infrastructure.
Approval of Groundwater Resources, Tourism and Rural Legacy with the following changes:
1). Element - Rural Legacy, in the policy recommendation portion, the phrase, “in geographically constrained areas” be deleted.
2). Element – Groundwater Resources Element, addition of a hyphen between the words on site.
3). Element – Tourism, the deletion of the word “bucolic”.
COMMISSIONERS’ COMMENTS – None
COMMENTS –
John Bolinsky, 986 Irishtown Rd., North East, MD – commented relating to Element-Rural Legacy and owner compensation relative to Greenways.
Vice President Kilby – clarified the difference between MALPF and Rural Legacy.
Jim Mullin – commented relating to the application of the Rural Legacy Area.
Owen Thorne, 20 Hillwood Road - commented relative to the Element-Adequate Public Facilities Ordinance.
Jeremy Rothwell, Chesapeake City , MD – commented relating to Rural Legacy Area locations and acreage.
Ed Cairns, Jackson School House Road , Elkton – commented relative to any action on Transfer of Development Program and Purchase of Development of Rights Programs.
Jim Mullin – distributed to the Board a hand-out relative to Appearance Standards and Village Models.
Bill Kilby – commented relating to the previous inquiry of Mr. Rothwell concerning Rural Legacy Area.
Motion was made by Vice President Kilby, seconded by Commissioner Guns to approve the Elements as recommended by the Planning Commission.
Commissioner Guns asked for the definition of fee simple dedication or easement relative to Greenways.
Director Sennstrom explained the history and process of fee simple dedication relating to Greenways.
Motion was carried by a unanimous vote.
Director Sennstrom presented the Board the Amendments to the Cecil County Subdivision Regulations as recommended by the Planning Commission, they are as follows:
1). Article 2, Section 2.4.1 concerning Minor Subdivisions encouraging individuals to create lots on an internal road system to minimize the driveway entrances, in an effort to minimize access points onto the public roadways.
2). The addition of Section 3.8 – Notification by County to enhance the notification requirements of a subdivision. The language originally placed the burden on the County to erect a sign with a copy of the plat at the location of subdivision, in addition to posting on the County Web-Site . The Planning Commission is suggesting that the developer be responsible for the erection and maintenance of the sign, pursuant to the County’s specifications.
Discussion took place relative to the time frame in which a sign would be erected and enforcement of the erection and maintenance of the sign.
COMMENTS:
John Bolinsky – commented relative to the written notification of applications of subdivisions. He further commented relative to notification of zoning changes.
Owen Thorne – commented relative to the maintenance of the notification sign by the developer involved.
Vice President Kilby made a motion to table Section 3.8-Notification by County until the December 7, 2004 Board of County Commissioners Meeting. The motion was seconded by Commissioner Hepbron and unanimously carried for approval.
Motion was made by Vice President Kilby to approve Section-2.4.1 Minor Subdivision, seconded by Commissioner Guns and unanimously carried.
Director Sennstrom presented the Board, amendments to the Cecil County Zoning Ordinance, Article 3, Part I, Sections 22 & 23 relating to the Northern Agricultural Residential and Southern Agricultural Residential. The proposed amendments will add elements to define what rural character is. The Planning Commission has recommended that the mandatory wording of “shall” in subsections a, b & c, defining rural character should be changed to “may.”
Commissioner Hepbron – commented in opposition to the changing of the wording from “shall” to “may.”
Director Sennstrom advised the Board that the Planning Commission has expressed concern over Subsection A in Sections 22 & 23, it should identify “woodland”.
Discussion took place between the Board relating to the proposed amendments and wording changes.
COMMENTS –
Michael Burcham, McCrone, Inc. – commented relative to items b & c relating to road buffer and rural vista.
Owen Thorne – commented relating to the duties and responsibilities of the Planning Commission.
Vice President Kilby made a motion to approve the amendment to Minor Subdivisions. Motion died for lack of a second.
Commissioner Hepbron made a motion to approve the amendment to Minor Subdivision leaving the language as is. President Bolender seconded the motion. Commissioner Guns requested the inclusion of “woodland”. Motion was carried for approval by a majority vote, with the inclusion of the word “woodland.”
VOTE: Bolender – Y Kilby – N Hepbron – Y
Manlove – Y Guns – Y
Director Sennstrom presented the amendments to the Zoning Ordinance, which the Planning Commission has recommended approval.
1). Article 12, Section 306 - in order to remain consistent with the Chesapeake Bay Critical Area Commission and legislation changes passed during the last General Assembly relative to variances in critical areas.
2). Article 11, Section 214 – penalties for violation of critical area program.
3). Article 11, Section 193 density provisions.
4). Article 2, Part I, Section 12 – Definitions.
Motion was made by Commissioner Guns, seconded by Commissioner Hepbron and unanimously carried for approval.
Mike Burcham, McCrone, Inc., on behalf of Walter & Florence Barczewski presented a request to the Board for an amendment for inclusion to the County’s Master Water & Sewer Plan, the request is to receive a W-2 & S-2 designation for service in the 0 – 5 year range. A rough concept plan was provided to the Board, displaying a possible subdivision for this parcel, located within the SR Zone, the plan reflects the maximum build-out potential.
Vice President Kilby requested the designation of the surrounding properties.
Commissioner Hepbron requested information relative to the stage of development at this time.
Mr. Burcham acknowledged the Barczewskis are only in the initial phases of developing the property. He explained that the Planning Commission denied their previous request for inclusion to the Master Water & Sewer due to the fact that a plan was not presented.
Further discussion took place between the Board and Mr. Burcham concerning the request for designation.
COMMENT:
Marcella Lockwood, Elkton , MD – commented relative to the Barczewski request. Additionally she commented about the procedures in presenting requests to the Planning Commission and to the Board.
Robert Hodge, 11 Elkside Farm Ln.- North East, MD commented relative to the criteria for inclusion into the Master Water & Sewer Plan.
Ron Hamlin, 9 Locharron Dr. , Elkton - spoke in opposition to the Barczewski request.
Richard Boyce, 11 Harvest Ln. - Elkton, spoke in opposition to the Barczewski request.
Ed Cairns, 104 Jackson School Hall Rd. - Elkton, spoke in opposition to the Barczewski request.
Marcella Lockwood – spoke generally relating to the Comprehensive Plan, procedures and considerations of the Planning Commission and the Board.
Owen Thorne – spoke in opposition to the Barcezewski request.
Jim Barczewski – commented relative to his request and advised that this land does not meet percolation requirements and is totally unusable as it currently stands.
Motion was made by Commissioner Guns to disapprove the request for inclusion into the Master Waster/Sewer Plan, the motion was seconded by Commissioner Manlove and unanimously carried to approve.
- PUBLIC HEARING-COMMUNITY DEVELOPMENT BLOCK GRANT – CHILD ADVOCACY CENTER –
Margaret Diem, Department of Social Services presented the Board with a report on the Community Development Block Grant. The County received $471,217 from the Development Block Grant Fund, with which the Child Advocacy Center was built, the parking lot for the Child Advocacy Center , Aging Department, Help Center and the Housing Office was repaved and renovations were completed to the Housing Office as a result of this grant. The entire cost for the project was $896,158 all of which was part of the grant, donated funds, in-kind, private or federal funds.
Mr. Nick Riccuti, Director of Social Services provided the details of the operation taking place within the Child Advocacy Center, which houses members of the Department of Social Services, Cecil County Sheriff’s Office and the Cecil County State’s Attorney.
Al Wein, County Administrator presented the addition of Chapter 160 of the Code of Ordinances and Resolutions of the Board of County Commissioners for Cecil County , of the Cecil County Code, Part III Administrative Legislation entitled, “County Commissioners Policies and Procedures for Board Action and Meetings”. The proposed ordinance will codify meeting times; the setting of agendas; the election of officers; the duties of the President and Vice President; the handling of citizens request for information and citizens complaints and the selection of ex-officio officers for the various committees. The Ordinance was introduced and will be placed on the Agenda as an Action Item at the next regularly scheduled Board of County Commissioners Meeting, December 7, 2004 .
COMMENTS/COMMISSIONERS –
Commissioner Guns suggested the amendment of Page 2, No. 5 referencing the agenda and any changes or additions to reflect a majority, or three members of the Board may agree to any amendment of the agenda.
No objection to the amendment was heard.
COMMENTS –
Owen Thorne, commented relative to the County providing fifteen days public notice of agenda items for their regularly scheduled meetings.
Richard Boyce, commented relative to timely notice of agenda items.
Ronald Rae, 4 St. Pat’s Circle, Elkton, commented relative to notification of agenda items.
Donna Nichols, Director of Human Resources presented proposed revisions to the Cecil County Personnel Policy and Procedures Manual. The proposed changes to the manual are for introduction and will be adopted at the December 7, 2004 . Ms Nichols presented an outline of the changes to the Board and highlighted several of the changes, including the reclassification of Sheriff’s Office Employees; amendments to the County’s Sexual Harassment Policy; clarification as to county employees who are supervised by state officials and policy management of those employees; updated language relating to the new public safety pay scale; vacation and sick leave accruals; changes to group offense referrals; and terms for the grievance committee members.
The completion of this manual has been a combined effort of Human Resources personnel; department supervisors and managers; a consultant; the county attorney; and the county’s labor attorney. Ms. Nichols advised that the last complete revision to the current manual was in 1994.
COMMISSIONERS COMMENTS –
Commissioner Guns – commented relating to a change to a group 3 offense relating to incarceration of an employee and employee sleeping on the job.
COMMENTS:
Nick Inglisia, Elkton – commented relative to the proposed Policy & Procedure Manual.
Robert Hodge – commented relative to the proposed Policy & Procedure Manual.
Commissioner Manlove – thanked citizens for their support during the recent election.
Commissioner Hepbron – commented relative to moving forward with business now that the election is over.
Commissioner Bolender – commented about the Maryland ’s Most Beautiful Event recently attended by Board Members and Cecil’s Most Beautiful Volunteer.
Commissioner Guns – thanked citizens for their support during the recent election.
Vice President Kilby – declined comment.
- TREASURER’S REPORT –
Pamela Howard, Treasurer for Cecil County presented the monthly Treasurer’s Report as of October 30, 2004 .
Ronald Rae – spoke relative to a closed meeting with the FOP.
Manuel Lazerou, 13278 Styer Ct. , Highland , MD – commented relative to the proposed annexation of a parcel into the Town of North East . Mr. Lazerou described the proposed project in the area of North East Isles and asked for a favorable vote from the Board.
Robert Hodge – commented relating to the Capital Improvement Program and recommendations of the Strategic Planning Committee recommendations regarding economic growth.
Motion was made by Commissioner Manlove, seconded by Commissioner Hepbron and unanimously carried to approve the appointment of the following members to the Cecil County Drug and Alcohol Council.
Robert Kuiper, Cecil County Health Department – Term Expire: 11/05
Step Mika, Cecil County Board of Education – Term Expire: 11/06
Janet Ritchie, Addictions Connection Resource – Term Expire: 11/07
Nicholas Ricciuti, Director, DSS, - Term Expire: 11/08
Martin Salmon, Department of Juvenile Justice – Term Expire: 11/08
Tana Erbe, Division of Parole & Probation – Term Expire: 11/08
Christopher J. Eastridge, State’s Attorney – Term Expire: 11/08
Thomas E.L. Klenk, Public Defender – Term Expire: 11/08
Raymond Evans, Cecil County Sheriff’s Office – Term Expire: 11/08
Vicky Rinkerman, Cecil County Commissioners Office – Term Exp: 11/08
Dexter M. Thompson, Jr., Circuit Court – Term Expire: 11/08
James C. McKinney, District Court - Term Expire: 11/08
Becky Raughley, Upper Bay – Term Expire: 11/08
Karen Winkowski, Cecil County Alcohol & Drug Center – Term Expire: 11/08
Jennifer Padgett, CCHD, Health Promotion Division – Term Expire: 11/08
Bernard Foster, CCDC, Term Expire: 11/08
John Bennett, Community Member – Term Expire: 11/08
Rhonda Dollinger, Community Member – Term Expire: 11/08
Doe Ladd, Community Member - Term Expire: 11/08
Bob Sears, Bowling Green – Term Expire: 11/08
Motion was made by Commissioner Guns, seconded by Vice President Kilby and unanimously carried to appoint Commissioner William Manlove to the position of 3 rd Vice Chairman of the Uppershore Regional Council.
-PERSONNEL –
Upon the recommendation of Ms. Nichols, motion was made by Commissioner Manlove, seconded by Commissioner Hepbron and unanimously carried to approve the following Resignations/Terminations:
Leon C. Alexander, Jr., Dispatcher I, Emergency Services, $11.79/hour (grade 1P1) resignation effective 09/30/04
Travis W. Bailey, Equipment Operator Trainee, Solid Waste Division, $9.49/hour (grade 3) terminated 10/20/04
Doris E. McInturff, on-call Janitor, Facilities Management, $9.21/hour (grade 3) no longer available for on-call
William Knarr, Volunteer Coordinator, Department of Aging, $11.71/hour (grade 5) terminated 10/22/04
Benjamin Paulhamus, Equipment Operator Trainee, Roads (Bridge Crew), $9.49/hour (grade 3) quit 10/29/04
Deborah Moore, Contractual 4-H Program Assistant, Extension Service, $12.05/hour, end of County contract 11/22/04
Upon the recommendation of Ms. Nichols, motion was made by Commissioner Manlove, seconded
by Commissioner Hepbron and unanimously carried to approve the following Appointments:
Michael L. Evans, Roads Supervisor, Southern District, $21.63/hour (grade 8) effective 11/08/04 Linetta Daughton, on-call Janitor, Facilities Management, $9.21/hour (grade 3)
Lawrence Eaton, Operator Trainee, Water & Wastewater, $11.71/hour (grade 5) effective 1/08/04
Krista Gilmore, Volunteer Coordinator, Department of Aging, $11.71/hour (grade 5)
Margaret Gagnon, Contractual Temporary Election Board Clerk, $10/hour effective 10/08/04 through 11/30/04 .
Michelle L. Johnson, Office Services Assistant, Human Resources, $9.21/hour (grade 3) effective 11/15/04 ; required to obtain her GED within 6 months of hire date.
Patricia K. Ward, Contractual Office Services Assistant, Department of Social Services, $9.69/hour effective 11/15/04 through 06/30/05. Position if funded 100% by grant funds.
Department of Aging appointments:
INCREASE Mark A. Healey from Laborer at $9.21/hour to Equipment Operator Trainee at $9.49/hour (grade 3) effective 09/11/04
INCREASE Emmett M. Letts from $11.71/hour to $12.06/hour (grade 5) for attainment of CDL driver’s license, effective 10/02/04
INCREASE Aubrey E. Ikner from $18.23/hour to $18.78/hour (grade 8) effective 10/02/04 . 3% increase for attaining credentials for the document imaging system.
INCREASE Roy Clough from Economic Development Coordinator at $45,180 (grade 9) to Acting Director of Economic Development at $53,643 (grade 13) effective November 1, 2004
TRANSFER Benjamin Orr from Weed Control at $13.42/hour to Roads at $12.92/hour (grade 4) effective 11/1/04
“Fill-in” supervisor 3% increase for the following Emergency Services employees effective 10/02/04
- RESOLUTION – FLEXIBLE BENEFITS PLAN -
Upon the recommendation of Ms. Nichols, motion was made by Vice President Kilby, seconded by Commissioner Guns and unanimously carried to adopt the Flexible spending Accounts, effective 1/1/05 .
Upon the recommendation of Ms. Nichols, motion was made by Commissioner Manlove, seconded by Commission Hepbron and unanimously carried to adopt the 2005 County Holiday Schedule.
Leta J. McMullen, Collection Specialist, Treasurer’s Office, $12.43/hour (grade 5), quit effective 10/18/04
APPOINTMENTS:
Erin M. Jackson, Accountant, Treasurer’s Office/Accounting Division, $36,000 (grade 8) effective 11/01/04
Dean Page, Collections Specialist, Treasurer’s Office, $11.71/hour (grade 5) effective 11/10/04
Tyrese L. Johnson, Accounting Clerk, Treasurer’s Office, $13.94/hour (grade 5) effective 10/27/04
Michelle Alharbi, Junior Accountant, Treasurer’s Office, $13.70/hour (grade 6)
Sheila V. Moore, Police Communications Officer I, Sheriff’s Office, $11.79/hour (grade 1P1) effective 11/01/04
Correctional Officers for Detention Center @ $13.09/hour (grade 2P1) effective November 8, 2004:
PROMOTE Donald Hollenbaugh, Sheriff’s Office, from Police Communications Officer I @ $12.51/hour (grade 1P3) to Police Communications Officer II @ $13.09/hour (grade 2P1) effective 10/23/04
PROMOTE Michael Zack, Sheriff’s Office, from Certified Deputy @ $15.67/hour (grade 2L1) to Deputy First Class @ $17.01/hour (grade 3L1) effective 10/20/04
PROMOTE Joseph Wilson, Sheriff’s Office from Certified Deputy @ $15.67/hour (grade 2L1) to Deputy First Class @ $17.01/hour (grade 3L1) effective 10/20/04
Detention Center promotions effective 10/30/04
Roy Clough, Office of Economic Development & Tourism presented the Board with two (2) resolutions to approve a real property tax credit for properties located within the Cecil County Enterprise Zone and meet the qualifying criteria. They are as follows:
1). J.B. Triumph Enterprises, Triumph Industrial Park , Elkton
2). Colonial Metals, Triumph Industrial Park , Elkton
These businesses will receive a real property tax credit against the increase in taxes, beginning the next full tax year following the date approved, and continuing for nine (9) consecutive years thereafter.
Motion was made by Commissioner Guns, seconded by Commissioner Hepbron and unanimously carried to approve the resolutions presented by Mr. Clough. A copy of the aforementioned resolutions are attached hereto and incorporated into these minutes.
Ed Slicer, Manager, Parks & Recreation and Pete Veasey on behalf of Cecil County Junior Football League, presented the Board with a request to waive the formal bidding process on materials for the lighting of the football fields. Two quotes have been obtained one from Musco and one from United Electric.
Upon the recommendation of Manager Slicer, motion was made by Commissioner Guns, seconded by Commissioner Hepbron and unanimously carried to approve the waiver of the formal bidding process relative to the lighting of the football fields at the Cecil Sports Complex.
Director Sennstrom presented the Board with a request from the Town of North East for the re-designation of Parcels 898 & 1140, Tax Map 31. The request is made as a result of a Petition for Annexation and Outline for Extension of Services from North East Development Corporation and Maryland Materials, Inc. The resolution proposes to change the County’s Light Industrial (M1) zoning designation to the Town’s R-3 zoning category upon annexation.
Upon the recommendation of Director Sennstrom, motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to approval for the designation change.
Matt Carter, Director, Public Works presented the Board a Resolution, first introduced at the September 21, 2004 Board of County Commissioners Meeting for the adoption of the revised Connection Fees and User Rates Schedule.
Upon the recommendation of Director Carter, motion was made by Commissioner Manlove, seconded by Vice President Kilby and unanimously carried to approve the revised Connection Fees and User Rates Schedule. A copy of this resolution and schedule is attached hereto and incorporated into these minutes.
Administrator Wein presented for approval a proposal for the establishment of a weight restriction on Knights Corner Road and requested the appropriate signage indicating: NO TRUCKS OVER 12,000 POUNDS, EXCEPT LOCAL DELIVERIES.
Motion was made by Commissioner Manlove, seconded by Vice President Kilby and unanimously carried to approve the weight limitation restriction for Knights Corner Road .
Administrator Wein presented for consideration a proposed Temporary Construction Easement and a Permanent Utility Easement Agreement between the County and the Town of North East for the placement of a water line within Razor Strap Road . The water line will serve the new Wal-Mart project.
Motion was made by Commissioner Manlove, seconded by Commissioner Guns and unanimously carried for the approval of the Water Line Easement.
Director Carter presented the Plans and Inspection and Maintenance Agreement of Private Stormwater Management Facilities. This Maintenance Agreement is relating to activities upon property owned by the Board of County Commissioners known as the “Old Elk Neck Landfill,” by Raintree Corporation for the clearing of trees along the flight path to the airport. Raintree Corporation has submitted a satisfactory Stormwater Management Plan and Forest Conservation Plan that has been reviewed by the Department of Public Works and the Planning & Zoning Department.
Commissioner Hepbron – made inquiry relating to the trees that are removed and replacement of same. In addition he inquired as to whether there was a plan for a Stormwater pond.
Upon the recommendation of Director Carter, motion was made by Commissioner Guns, seconded by Vice President Kilby and unanimously carried to approve the Plans and the Inspection and Maintenance Agreement between the Board of County Commissioners and Raintree Corporation.
Director Carter presented the Board with a proposed Utility Easement relating to the “Airport One” of the “Appleton Campus” of W.L. Gore, wherein, W.L. Gore is proposing the segregation of the Airport One Building from the remainder of the site. As a result of the existing water and sewer lines at the location, that are private, it is necessary for the dedication to the County. The lines were previously constructed and W.L. Gore has provided the Department of Public Works the necessary plans and a video. Upon review of the material the Department of Public Works is recommending approval.
Commissioner Guns recused himself from the vote.
Upon the recommendation of Director Carter, motion was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried to approval of the Utility Deed Easement.
PWW00-22 – REHABILITATION FOR REJECTION OF BIDS –
Upon the recommendation of Director Carter, motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to approval for the rejection of bids for the rehabilitation of the Gilpin Falls Covered Bridge , due to all bids exceeded both the budgeted amount of $521,250 and the Engineer’s Estimate of $537,750.
BID AWARD NO. 05-27 – DES SUV
Upon the recommendation of the Purchasing Agent and the Department of Emergency Services, motion was made by Commissioner Guns, seconded by Commissioner Hepbron that Bid No.05-27 is awarded to Hertrich Fleet Service in the amount of $27,997.
Upon the recommendation of Administrator Wein, motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to approve Budget Amendments Nos. 38-47.
The next regular meeting of the Board of County Commissioners will be held on Tuesday, December 7, 2004 at County Administrative Building .
There being no further business of the County Commissioners , meeting adjourned.
_____________________________
Alfred C. Wein, Jr.
County Administrator
Approved:
____________________________
Nelson K. Bolender, President