MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS MEETING
November 18, 2003
The Board of County Commissioners for Cecil County met in regular session on Tuesday, November 18, 2003 at the Rising Sun Town Hall, Rising Sun, MD. 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 28, 2003 Rezoning Hearing were unanimously approved.
The minutes from the November 4, 2003 meeting of the Board of County Commissioners were unanimously approved.
The minutes from the November 4, 2003 Board of Health of the Board of County Commissioners were unanimously approved.
- COMMISSIONERS COMMENTS –
President Bolender – welcomed Amanda Richarde, a Perryville High School Student who will be reporting local government to the student council. President Bolender commented about the Maryland Most Beautiful reception the Commissioners attended last week with Mr. and Mrs. Dale Collins. In addition, he spoke of the Eagle Scout recognition he attended.
Vice President Kilby – commented relating to the March of Dimes Kick-Off meeting, held last week and encouraged all citizens to be involved. She also spoke of an event held at Tome School last week. She was invited as a celebrity reader for the second grade. In addition, Vice President Kilby accompanied the “Its Academic team” from Perryville last week to Baltimore, where they placed 2nd.
Commissioner Guns – congratulated two county employees on their recent retirement, Debbie Loller and Joe Letts. He also congratulated the Elkton Little League Major Girls and the North East Major Boys for their championship wins. Commissioner Guns stressed the importance of supporting our veterans on a daily basis. He also spoke of the Agricultural Luncheon he recently attended at Sandy Cove and encouraged citizens to be outspoken and involved with the upcoming density issues.
Commissioner Hepbron – commented about the retirement reception he recently attended for Joe Letts, who recently retired from the Cecil County Sheriff’s Department.
Commissioner Manlove – commented relating to the Eagle Scout Recognition he recently attended. He also congratulated Joe Letts on his retirement. Commissioner Manlove further commented regarding the BDC Appointments to be voted on this evening.
- TREASURER’S REPORT –
Pamela Howard, Treasurer for Cecil County presented the monthly Treasurer’s Report as of October 31, 2003, a copy of the report is incorporated into these minutes.
- PROCLAMATION – SPECIAL EDUCATION STUDENTS, TEACHERS & INSTRUCTIONAL SUPPORT TEACHER’S DAY –
President Bolender read a proclamation proclaiming November 28, 2003 Special Education Students, Teachers and Instruction Support Teacher’s Day, in honor of the 28th anniversary of the Individuals with Disabilities Act and commended this observance to the citizens of Cecil County.
- NEIGHBORHOOD YOUTH PANEL UPDATE –
Dawn Rodenbaugh appeared before the Board and presented the Neighborhood Youth Panel Update. Since the inception of this program 34 youth have completed the early intervention program, which works collaboratively with the Department of Juvenile Justice. Ms. Rodenbaugh presented the Board statistical data reflecting the types of crimes involved, the ages and sex of typical offenders. She further stated that the program has averaged a rate of 83% of non re-offenders.
- PUBLIC COMMENT –
John Bunnell, Mayor, Cecilton – spoke relating to the MOU between the State of Maryland and Cecil County regarding the proposed communication tower to be erected in Cecilton. Mayor Bunnell requested the Board to postpone the MOU for a minimum of two weeks to allow the Town of Cecilton the opportunity to gather more information with regard to other possible locations for the tower.
Delegate Michael Smigiel – spoke regarding the location of the proposed communication tower. He urged the Board to “keep this matter out of the courts” and that he would assist in anyway possible with expediting the FCC regulatory process. He explained that the site proposed by the Town of Cecilton is only 600 feet away and that this may be an acceptable resolution.
John Armstrong, Port Deposit – commented about the BDC Appointments and encouraged the Board to appoint an individual who has a business background and has dealt first hand with high level contracts and the creation of jobs.
Tom Coudon, Port Deposit - spoke to the Board regarding the appointment to the BDC. He urged the Board to appoint Mr. Ralph Hostetter to the vacancy. He advised that Mr. Hostetter is well known throughout the State and would be able to bridge the current gap within the BDC.
Cynthia Rossetti, Port Deposit – commented about the developmental progress of Bainbridge now that the Mannekin Team has officially pulled out. She advised of numerous calls from realtors, developers and a manufacturing company interested in Bainbridge.
Jeanette Hillyer, Port Deposit – urged the Board to vote for Mr. Hostetter.
Joseph Carrabetta, Port Deposit – also encouraged the Board to seriously consider for Mr. Hostetter for the vacancy to the BDC.
Mr. Conrad – expresses his concern regarding members of the public discussing matters concerning the development of Bainbridge when they are not even members of the BDC. He further expresses his dismay with the current Board.
Harlan Williams, Elkton – spoke relative to the BDC Appointments and his delight as to one of their choices, Mr. Hostetter. He spoke of Mr. Hostetter’s experience and extensive business dealings.
Edwin Merryman – spoke on behalf of Cynthia Rossetti, Chairperson of the BDC and the fact that meetings will now be open. He additionally spoke of the presentations given by Mr. Alter and inaccuracies he represented with the contract. He additionally spoke of possible traffic congestion that would be experienced, but never addressed.
- APPOINTMENTS –
Appointments for the Bainbridge Development Corporation to fill the remainder of the term of Howard Neff, which will expire on October 18, 2006 the remaining appointment will be a four-year appointment to expire on October 18, 2007, currently held by John C. Scarbath.
Three names were recommended by the Delegation and are as follows:
John C. Scarbath was recommended by the Delegation for reappointment with a 6-0 vote.
Ralph Hostetter was recommended by four of the Delegates to fill the vacancy created by the resignation of Howard Neff.
Dr. Robert Gell was recommended by four members of the Delegation for a position on the Bainbridge Development Corporation.
The first nomination will be for Jack Scarbath for a four-year term to expire on October 18, 2007.
Commissioner Manlove spoke of his disappointment and displeasure with the Delegation and their failure to make the appointments to the Bainbridge Development Corporation.
Motion was made by President Bolender, seconded by Commissioner Guns and carried by a 3 - 2 Vote to reappoint John C. Scarbath to the Bainbridge Development Corporation for a four-year term to expire on 10/18/07:
Vote: Bolender – Y Kilby – N Hepbron – Y Manlove – N
Guns – Y
Motion was made by Commissioner Guns, seconded by President Bolender and carried by majority vote with one abstention to appoint Dr. Robert Gell to the Bainbridge Development Corporation for the remainder of the term created by the resignation of Howard Neff to expire on October 17, 2006.
Vote: Bolender – Y Kilby – Y Hepbron – Y Manlove – A
Guns – Y
Mr. Jim Rogers called for a vote on Mr. Hostetter. President Bolender acknowledged him and referred to Dwight Thomey, County Attorney.
Mr. Thomey advised if the Board was inclined to do so, they could vote. He further stated that the two required appointments have already been made, and it is a moot issue.
Mr. Rogers again requested a vote be taken and stated that the new members were appointed because of the order in which they were presented.
President Bolender agreed to take a vote on Mr. Hostetter and requested a motion to appoint Ralph Hostetter to the Bainbridge Development Corporation. Motion was made by Vice President Kilby and seconded by Commissioner Manlove.
Vote: Bolender – N Kilby – Y Hepbron – N Manlove – Y
Guns – N
Commissioner Guns commented that three excellent candidates were presented and he feels that the Board made good choices.
- RESOLUTION - REDESIGNATION OF EXISTING ENTERPRISE ZONE-
Paul Gilbert, Director of Economic Development and Tourism, advised that in addition to the Expansion of the Enterprise Zone Resolution signed by the Board at the October 21, 2003 Board of County Commissioner’s Meeting, Cecil County is also eligible for redesignation of its existing Enterprise Zone. This would mean that the enterprise zone benefits, which were scheduled to expire on December 15, 2007, would continue to be available to companies locating in the Cecil County existing Zone through December 15, 2013.
Motion was made by Commissioner Hepbron, seconded by Vice President Kilby and unanimously carried for the redesignation of Existing Enterprise Zone in Cecil County.
- AGREEMENT AND RELEASE, TIVIS AND EDITH MAYSE AND THE BOARD OF COUNTY COMMISSIONERS –
Mr. Wein, County Administrator presented to the Board an Agreement and Release in the matter of Tivis and Edith Mayse relating to allegations the Mayse’ have made regarding the disturbance of property without their permission by the Board of County Commissioners, its contractors or employees. The Board of County Commissioners deny having done anything improper or illegal. Both parties wish to resolve this dispute in an amicable fashion, therefore, the Board has agreed to make certain repairs along the road frontage of the property of the Mayse property and to pay to them Three Thousand Dollars ($3,000) in return for the execution of this Agreement.
Upon the recommendation of Mr. Wein, motion was made by Vice President Kilby, seconded by Commissioner Manlove and unanimously carried to approve the above agreement between the Board of County Commissioners and Tivis and Edith Mayse.
- MEMORANDUM OF UNDERSTANDING – STATE OF MARYLAND AND CECIL COUNTY – COMMUNICATION TOWERS AND INFRASTRUCTURE –
Mr. Wein presented a Memorandum of Understanding between the State of Maryland, Department of Budget and Management, the Maryland Institute for Emergency Medical Services System, the Maryland State Police, the Department of Natural Resources, the Maryland Emergency Management Agency, the Maryland State Highway Administration and the Board of County Commissioners to erect eight (8) communication towers in Cecil County for the purpose of upgrading communications operations throughout Cecil County.
Cecil County is responsible for the erection of two (2) of the eight (8) towers; the Sylmar & Cecilton Towers.
Mr. Thomey advised the Board that the County is within its right to build the tower on its property, and is not subject to the municipal zoning law of the Town of Cecilton.
Mr. Browne, Acting Director, Department of Emergency Services explained to the Board that the type and designs of the towers and their ability to withstand high winds. He further explained the lengthy process that would be necessary, to be in compliance with the FCC. Any delay in the execution of the MOU would result in the delay of scheduled testing procedures critical to a project that has been in the planning stages for approximately two years.
Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to approve the MOU.
- PRIVATE ROAD NAMING – VOLUNTEER FIRE COMPANY NO. 1 OF CHESAPEAKE CITY –
Pursuant to the request of the Chesapeake City Volunteer Fire Company, motion was made by Commissioner Manlove, seconded by Vice President Kilby and unanimously carried to name the driveway to Fire Company Station 12 and Paramedic Station 3 to “Charles Wharton Drive”.
- ANNUAL TRANSPORTATION PROPOSAL FY 2005, DEPARTMENT OF AGING-
The FY 2005 Department of Aging, Transportation Plan was submitted to the Board and consists of the following capital requests:
1) 20 Passenger Bus (Perryville Fixed Route)
2) 1- 2 way radio
3) 20 Passenger Replace Bus (Perryville Mid-day)
4) New mini-van
5) Refurbish mini-van
6) 20 Passenger Bus
7) 20 Passenger Bus
The Local Match of (10%) $3,220. for FY 05 (if approved by MTA)
The Local Match of (10%) $22,400 for FY 06 (if approved by MTA)
Motion was made by Vice President, seconded by Commissioner Guns and unanimously carried to approve the Transportation Proposal FY 2005, Department of Aging.
- LEGISLATIVE REQUESTS, 2004 LEGISLATIVE SESSION –
Upon the recommendation of Mr. Wein, motion was made by Commissioner Hepbron, seconded by Commissioner Kilby and unanimously carried to approve the Legislative Requests from the Board of County Commissioners for the 2004 Legislative session as follows:
1) Bond Authority Request
2) Repeal of Article 25; 37A Annotated Code of Maryland
3) Amendment of Chapter 15 – Code of Public Local Laws of Cecil County- Chapter 15; paragraph 12
4) Lakeside Community Special Taxing District
- BID 04-16, FUELS, CECIL COUNTY GOVERNMENT –
Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Guns, seconded by Commissioner Hepbron and unanimously carried to Award Bid 04-16, Fuels, Cecil County Government to Griffin Oil.
- BID 04-17 – HEATED EMULSION STORAGE TANK –
Upon the recommendation of the Purchasing Agent, motion was made by Vice President Kilby, seconded by Commissioner Manlove and unanimously carried to Award Bid 04-17, Heated Emulsion Storage Tank to Chesapeake Supply and Equipment Company in the amount of $33,091.50.
- BID 04-20 – SIX (6) EIGHT (8) FOOT SNOW PLOWS –
Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Manlove, seconded by Commissioner Guns and unanimously carried to Award Bid 04-20, Six (6) Eight (8) Foot Snow Plows to Moxley’s Truck and Equipment Division in the total amount of $14,100.00.
- BID 04-21 – EMERGENCY SERVICES PAVING – REJECTION
Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to approve the rejection of the lone bidder American Infrastructure due to the fact their proposed costs are in excess to the programmed budgeted amount.
- BID 04-22 – COFFEE, TEA & JUICE –
Upon the recommendation of the Purchasing Agent, motion was made by Vice President Kilby and seconded by Commissioner Guns and unanimously carried to Award Bid 04-22, Coffee, Tea & Juice for the Sheriff’s Office, Detention Center to Lankford Sysco in the amount of $25,387.57.
- REVIEW AND APPROVAL OF THE SOLID WASTE MANAGEMENT PLAN FOR THE CECIL COUNTY LANDFILL –
Upon the recommendation of Mr. Matt Carter, Director of Public Works, motion was made by Vice President Kilby, seconded by Commissioner Guns and unanimously carried to approve the review of the Solid Waste Management Plan for the Cecil County Landfill.
- RESOLUTION TO ACKNOWLEDGE THE NEED FOR AN EASEMENT MODIFICATION TO RECEIVE A $10,000. GRANT FROM THE MARYLAND HISTORICAL TRUST TO PERFORM A VALUE ENGINEERING STUDY FOR THE GILPIN FALLS COVERED BRIDGE –
Upon the recommendation of Mr. Carter, motion was made by Vice President Kilby, seconded by Commissioner Guns and unanimously carried to grant a Resolution to finance, in part, the costs of a specific project or projects from the Maryland Historical Trust of the Department of Housing and Community Development. A copy of the Resolution is incorporated into these minutes.
- BUDGET AMENDMENT NO. 65 –
Upon the recommendation of Mr. Wein, motion was made by Commissioner
Guns, seconded by Vice President Kilby and unanimously carried to approve two (2) Board of Education Amendments and Budget Amendment No. 65.
The next Board of County Commissioners Meeting will be held on Tuesday, December 2, 2003 at the County Administrative Building 107 North Street, Elkton, MD 21921.
There being no further business, the Board of County Commissioner’s Meeting was adjourned.