MINUTES OF THE BOARD OF COUNTY
COMMISSIONERS MEETING
December 6, 2005
The Board of County Commissioners for Cecil County met in regular session in the County Administrative Building, on Tuesday, December 6, 2005. The following members of the Board were present:
Nelson K. Bolender, President
Harry A. Hepbron, Vice President
Phyllis Kilby, 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 November 9, 2005 meeting of the Board of County Commissioners Transfer of Development Rights were unanimously approved.
The minutes from the November 15, 2005 meeting of the Board of County Commissioners were unanimously approved.
The minutes from the October 18, 2005 meeting of the Board of County Commissioners were unanimously approved.
The minutes from the November 17, 2005 Bond Sale were unanimously approved.
The minutes from the November 22, 2005 Bid Award were unanimously approved.
The minutes from the November 29, 2005 Rezoning Hearing were unanimously approved.
-COMMISSIONERS’ COMMENTS-
Commissioner Manlove – commented relative to recent articles in the newspaper concerning the need for more Sheriff’s deputies and cutting taxes.
Commissioner Hepbron – declined comment.
President Bolender – commented on the North East Christmas Parade.
Commissioner Kilby – commented about the new book on Scenic Byways and the excerpt on Cecil County. She also commented about the Upper Shore Regional Council meeting.
Commissioner Guns – commented relative to the possibility of a formation of a Commission on Veteran’s Affairs in Cecil County.
- TREASURER’S REPORT –
Pamela Howard, Treasurer for Cecil County presented the Treasurer’s Report for the period ending October 31, 2005. A copy of this report in incorporated into these minutes.
- PRESENTATION – DES TELECOMMUNICATOR OF THE YEAR 2005-
President Bolender presented a Certificate and Plaque to Heather McKenney, Dispatcher, Department of Emergency Services, in recognition of her achievement as Telecommunicator of the Year.
- PUBLIC HEARING – 2006 – 2011 CAPITAL IMPROVEMENT PROGRAM –
Alfred Wein, County Administrator presented the FY 2006 – 2011 Capital Improvement Program for consideration and adoption. The following projects as recommended by the Capital Improvements Committee with recommendation to the Planning Commission are to seek authority during the 2006 General Assembly in the amount of $36,100,000 for the following proposed projects:
Continuation of the Elkton High School Addition/Renovation project
Perryville Middle School Addition/Renovation project
The CIP Committee has recommended deferral of the School of Technology and the Calvert Elementary School Addition/Renovation project
Perryville Library
Completion of the Communication Systems within the Department of Emergency Services
Renovation of vacated space within the Sheriff’s Office
Bridge and Rehabilitation projects
County Office Building
Water and Sewer initiatives
COMMISSIONERS COMMENTS:
Commissioner Kilby commented in opposition of the deferral of the Calvert Elementary School project.
Vice President Hepbron commented in opposition of the deferral of the Calvert Elementary School project.
PUBLIC COMMENT:
Dr. Roberts commented relative to the Capital Improvement Program and asked for consideration for the inclusion of the planning for the Calvert Elementary School project.
Vice President Hepbron made a motion to approve the Capital Improvement Program with an amendment to include the Calvert Elementary School project. Commissioner Kilby seconded the motion and the motion was unanimously carried to approve.
PUBLIC HEARING – REQUEST FOR AMENDMENT TO MASTER SEWER PLAN, REYNOLDS FARM SUBDIVISION –
Faron Pyles, Northern Bay Land Planning Engineering and Surveying presented a request to the Board for the inclusion Map 12, Parcel 34 Reynolds Farm Subdivision to the County’s Master Sewer Plan. This project received a one year extension of Concept Plat approval at the September 19, 2005 Planning Commission meeting and was conditionally granted at the Planning Commission’s November 21, 2005 meeting, with the following conditions: 1). Professionally maintained system; 2). Clarity of ownership until build out of development; 3). Inspection and regulation of facility during and after construction and, 4). Underground system. Mr. Pyle maintained that this will be possible under the County’s newly adopted Shared Facilities Ordinance.
COMMENTS SUPPORT: None.
COMMENTS IN OPPOSITION:
Owen Thorne, 20 Hillwood Ave., Elkton, MD – commented in opposition to the proposed amendment for the Reynolds Farm Subdivision.
Dianna Broomall – commented in opposition to the proposed amendment for the Reynolds Farm Subdivision.
Rupert Rossetti – commented in opposition to the proposed amendment for the Reynolds Farm Subdivision.
Ken Wiggins, 504 Blacksnake Road, Elkton – commented in opposition to the proposed amendment for the Reynolds Farm Subdivision.
Ed Cairns, 104 Jackson School House Road, Elkton – commented in opposition to the proposed amendment for the Reynolds Farm Subdivision.
Eva Walker – commented in opposition to the proposed amendment for the Reynolds Farm Subdivision.
Jim Mullin, 1676 Glebe Road, Cecilton, MD – commented in opposition to the proposed amendment for the Reynolds Farm Subdivision.
John Williams – commented in opposition to the proposed amendment for the Reynolds Farm Subdivision.
Alice Arbuckle, 64 Matthew Bathon Court, Elkton – commented in opposition to the proposed amendment for the Reynolds Farm Subdivision.
William Kilby - commented in opposition to the proposed amendment for the Reynolds Farm Subdivision.
Michael Walker – commented in opposition to the proposed amendment for the Reynolds Farm Subdivision.
Lindsie Carter, 131 Black Snake Road, Elkton – commented in opposition to the proposed amendment for the Reynolds Farm Subdivision.
Susan Peterson, 176 Little Elk Creek Road, Elkton – commented in opposition to the proposed amendment for the Reynolds Farm Subdivision.
Tom McWilliams, 245 Plum Point Road, Elkton, MD – commented in opposition to the proposed amendment for the Reynolds Farm Subdivision.
Ronald Demmler, Childs – spoke in opposition to the proposed amendment for the Reynolds Farm Subdivision.
Theodore Patterson, Perryville – spoke in opposition to the proposed amendment for the Reynolds Farm Subdivision.
COMMISSIONERS COMMENTS –
Discussions took place between the Board, Director Sennstrom and Mr. Thomey relative to the Shared Facilities Ordinance and the provisions for a Shared Facilities Ordinance in the 1990 Comprehensive Plan and criteria of acceptance into the Master Water Sewer Plan.
Vice President Hepbron made a motion to accept the Reynolds Farm Subdivision into the Cecil County Master Water and Sewer Plan. The motion was seconded by Commissioner Manlove and carried by a majority vote.
VOTE: Bolender – Y Hepbron – Y Kilby – N Guns – Y Manlove – Y
- PUBLIC HEARING - OPTION AGREEMENT BETWEEN SILVER HOLDING COMPANY AND THE BOARD OF TRUSTEES OF THE CECIL COUNTY PUBLIC LIBRARY –
Administrator Wein presented an Option Agreement between Silver Holding Company and the Board of Trustees of the Cecil County Library for the purchase of a parcel of property in the amount of $370,000 for the proposed Perryville Public Library.
COMMENTS SUPPORT/OPPOSITION:
Tom McWilliams – spoke in favor of the proposed Option Agreement for the Perryville Public Library.
Motion was made by Commissioner Kilby, seconded by Vice President Hepbron, the motion was unanimously carried to exercise the Option as outlined in the agreement between Silver Holding Company and the Board of Trustees of the Cecil County Library.
- PUBLIC COMMENT-
Jude Squire, 328 Hances Point Road, North East – commented relative to speed enforcement and road and ditch repairs on Hances Point Road.
John Williams – commented in opposition to the incorporation of a utility sleeve as part of the bridge design for the proposed replacement of the CSX Railroad Bridge on Appleton Road.
Ed Cairns – commented in opposition to the incorporation of a utility sleeve as part of the bridge design for the proposed replacement of the CSX Railroad Bridge on Appleton Road.
Owen Thorne - commented in opposition to the incorporation of a utility sleeve as part of the bridge design for the proposed replacement of the CSX Railroad Bridge on Appleton Road.
Tom McWilliams – commented in opposition to revision of Chapter 160 of the Cecil County Code.
Eva Walker - commented in opposition to the incorporation of a utility sleeve as part of the bridge design for the proposed replacement of the CSX Railroad Bridge on Appleton Road.
George Walker – commented relative to the decision of the Board and comments relating to the Amendment to the Master Water and Sewer Plan heard earlier in the evening.
Jim Mullin – commented relative to upcoming recertification of the County and the need to revise procedures concerning density and the Master Water Sewer Plan.
- AMENDMENTS TO CHAPTER 160 POLICIES & PROCEDURES OF THE CECIL COUNTY CODE –
Administrator Wein presented the Board for adoption the amendments to Chapter 160 Policies & Procedures of the Cecil County Code, pursuant to the recommendation of the Maryland Attorney General. The amendment was presented to the Board at a public hearing on November 15, 2005 and will reduce the number of Commissioners necessary to conduct business from four to three and reduces the number of Commissioners required to change the policies and procedures from unanimous approval to three.
Motion to approve was made by Commissioner Manlove, seconded by Vice President Hepbron and carried to approval by a majority vote.
VOTE: Bolender – Y Hepbron – Y Kilby – N Manlove – Y Guns – Y
- DEED OF EASEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF NORTH EAST, NORTHWOODS –
Mr. Thomey presented the Board for consideration a Deed of Easement between the Board of County Commissioners and the Town of North East for the assignment of water lines within the subdivision of North Woods.
Motion was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to approve the Deed of Easement between the Board of County Commissioners and the Town of North East.
- RESOLUTION – ENTERPRISE ZONE PROPERTY TAX CREDITS – TRUIUMPH INDUSTRIAL PARK –
Roy Clough, Office of Economic Development presented the Board for consideration a Resolution granting J.B. Triumph Enterprises Enterprise Zone Property Tax Credits for a 5,000 square foot industrial building located within the County’s Enterprise Zone.
Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve the Property Tax Credit for J.B. Triumph Enterprises.
- FACILITIES MAINTENANCE MANAGEMENT CONTRACT –
Administrator Wein presented for consideration a Facilities Maintenance Management Contract for a three-year Management Services Contract between The Board of County Commissioners for Cecil County and Aramark Management Services LC for the management of the Facilities Maintenance Division.
COMMENTS:
Commissioner Kilby requested an extension so that she is able to thoroughly review the contract.
There was discussion between the Board and Dwight Thomey concerning the review of the proposed contract.
Motion to approve the Facilities Maintenance Management Contract between The Board of County Commissioners and Aramark Management Service contingent upon review and acceptance by counsel was made by Vice President Hepbron, seconded by Commissioner Guns and carried to approval by a majority vote.
VOTE: Bolender – Y Hepbron – Y Kilby – N Guns – Y Manlove – N
- DEED BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF CECIL COUNTY AND GEMCRAFT HOMES FOREST HILL, LLC FOR THE SUBDIVISION KNOWN AS SPRING KNOLL, PHASE II, SPRING KNOLL COURT –
Upon the recommendation of W. Scott Flanigan, Director of Public Works, motion was made by Commissioner Manlove, seconded by Vice President Hepbron and unanimously carried to approval to accept the Deed from Gemcraft Homes Forest Hill, LLC relative to Spring Knoll, Phase II, Spring Knoll Court.
- DEED BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF CECIL COUNTY AND SHADY BEACH, LLC FOR THE SUBDIVISION KNOWN AS OLD YORK ESTATES, SECTION III, LOTS 14-26-
Upon the recommendation of Mr. Flanigan, motion was made by Commissioner Guns, seconded by Vice President Hepbron and unanimously carried to approval to accept the Deed from Shady Beach, LLC for the subdivision known as Old York Estates, Section III- Lots 14-26.
- DEED BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND FIELDER PROPERTY, INC., FOR THE SUBDIVISION KNOWN AS SUSQUEHANNA, SECTION 2 HARFORD VIEW DRIVE, WOODROW LANE AND MCCORMICK DRIVE –
Upon the recommendation of Mr. Flanigan, motion was made by Commissioner Manlove, seconded by Vice President Hepbron and unanimously carried to approval to accept the Deed from Fielder Property Inc., for the subdivision known as Susquehanna, Section 2, Harford View Drive, Woodrow Lane and McCormick Drive.
- DEED BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF CECIL COUNTY AND KENNETH H. AND MARJORIE J. PORTER FOR FEE SIMPLE PARCEL OF LAND REQUIRED FOR IMPROVEMENTS TO RAZOR STRAP ROAD AND BRIDGE –
Upon the recommendation of Mr. Flanigan, motion was made by Commissioner Manlove, seconded by Vice President Hepbron, and unanimously carried to approve the Deed between the Board of County Commissioners and Kenneth H. and Marjorie J. Porter.
- GRANT OF EASEMENT BETWEEN THE LANDS OF FLOYD L. AND MARY J. MYER PART I AND PART II –
Upon the recommendation of Mr. Flanigan, motion was made by Vice President Hepbron, seconded by Commissioner Kilby and unanimously carried to approve the Easement of Floyd and Mary J. Myer, Parts I & II.
- REQUEST FOR WAIVER OF FORMAL BIDDING PROCECSS – PINE HILLS WATER TREATMENT PLANT PRE-FAB CONCRETE BUILDING –
Upon the recommendation of Mr. Flanigan, motion was made by Commissioner Kilby, seconded by Commissioner Manlove and unanimously carried to approve to request for waiver of formal bidding process for a pre-fab concrete building for the Pine Hills Water Treatment Plant.
- APPLETON ROAD BRIDGE – INCORPORATION OF UTILITY SLEEVE INTO BRIDGE DESIGN –
Mr. Flanigan presented a request to the Board to incorporate into the design of the Appleton Road CSX Railroad Bridge a utility sleeve; the additional funding cost will be approximately $5,000.
Motion was made by Vice President Hepbron, seconded by Commissioner Guns and carried to approval by a majority vote.
VOTE: Bolender – Y Hepbron – Y Kilby – N Manlove – Y Guns – Y
- BID AWARD NO. 06-37 –
Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Kilby, seconded by Commissioner Manlove and unanimously carried to approve Bid Award 06-37 for Office Supplies to Corporate Express.
- BUDGET AMENDMENTS -
Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve Budget Amendment Nos. 66-74.
The next regular meeting of the Board of County Commissioners will be held on Tuesday, December 20, 2005 at 7:00 p.m. at the County Administration Building, 107 North Street, Elkton, MD 21921.
There being no further business of the County Commissioners, the meeting concluded.
_____________________________
Alfred C. Wein, Jr.
County Administrator
Approved:
____________________________
Nelson K. Bolender, President