MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

 

December 7, 2004

 

            The Board of County Commissioners for Cecil County met in regular session at the County Administrative Building, 107 North Street, Elkton, Maryland on Tuesday, December 7, 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 November 1, 2004 rezoning hearings were unanimously approved.

 

            The minutes from the November 16, 2004 meeting of the Board of Health were unanimously approved.

 

            The minutes from the November 16, 2004 meeting of the Board of County Commissioners were unanimously approved.

 

-          PUBLIC HEARING – “THE BUS” & CECIL TRANSIT (C.T.) CRUISER, MANUAL & RIDERSHIP UPDATES –

 

Susan Twigg, Director and Leslie Gorak, Office of Aging presented the Board with an updated Transportation Policy Manual. Ms. Twigg informed the Board that the total number of riders is now up to almost 1000 per month. The new Transportation Policy was outlined, including the routes, transportation rules, medical transportation and transportation fares. Ms. Gorak updated the Board on the proposed Perryville Route proposed for the Summer of  2005.

 

-          PRESENTATION OF CHECK TO RAY MILLER – BUS 65 –

 

President Bolender presented a check in the amount of $10,000 to Ray Miller, Director of the Delaware Transit Corporation for the Bus 65 project, on behalf of Cecil County Board of County Commissioners. 

 

-          COMMISSIONER’S COMMENTS –

 

Commissioner Manlove – declined comment.

 

Commissioner Guns – congratulated President Bolender on his recent appointment as MACO President.

 

Commissioner Hepbron – declined comment.

 

Vice President Kilby – congratulated President Bolender.  She commented about the North East Parade and the lighting of the Holly Tree.  In addition, she commented in support of the Broadband Resolution that will be presented before the Board, later in the agenda.

 

President Bolender – Thanked his colleagues for their support at the MACO Conference.

 

-          PUBLIC COMMENT –

 

Alexandra Myer, 98 Foxy Road, Warwick, MD – commented relative to the untimely repairs of the Old Telegraph Road Bridge.

 

Tom McWilliams, 245 Plum Point Road, Elkton – updated the Board on recent efforts made relating to the safety of nuclear facilities.  He further commented relative to the disposal of mustard gas at Aberdeen Proving Ground.

 

Sandor Lipcsik, 1936 Old Elk Neck Rd., Elkton – commented relative to his ongoing Stormwater management problems at his home.

 

Kathy Gerber, 1936 Old Elk Neck Rd., Elkton – commented relative to the ongoing Stormwater management problems at the home of Mr. Lipcsik.

 

- ORDINANCE – ADOPTION OF COUNTY COMMISSIONERS POLICIES & PROCEDURES FOR BOARD ACTION AND MEETINGS –

 

            Administrator Wein presented the Board for adoption, a Ordinance relating to County Commissioners Policies & Procedures for Board Action & Meetings introduced at the November 16, 2004 Board of County Commissioners Meeting with the recommended language change referencing change of  approved agenda items.

 

            Motion was made by Commissioner Guns, seconded by Commissioner Hepbron and unanimously carried to approve the Ordinance adopting the Polices & Procedures for Board Action & Meetings.  A copy of this Ordinance is attached hereto and incorporated into these minutes.

 

-          COMMISSIONERS’ APPOINTMENTS TO COUNTY BOARDS & COMMITTEES –

 

President – Board of County Commissioners -

 

Motion was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried to appoint Nelson K. Bolender, President of the Cecil County Board of Commissioners.

 

            Vice President – Board of County Commissioners

 

Motion was made by Commissioner Guns, seconded by President Bolender and approved by a majority vote to appoint Commissioner Harry Hepbron, Vice President of the Board of County Commissioners.

 

Vote:   Bolender – Y                        Kilby – N       Hepbron – Y

            Manlove – N             Guns – Y

 

            Ex-Officio Member Appointments

 

Nelson K. Bolender:

Dept. of Social Services      Bainbridge Development Corporation

MACO, President                WILMAPCO

LGIT                                      Elkton Alliance

Boys & Girls Club

 

                                    Phyllis Kilby

Planning Commission       CYCYF

Commission on Aging        Health Dept/FIRM Board

Lower Susquehanna Greenway

 

                                    Harry A. Hepbron

Board of Parks & Recreation        SPCA

 

                                    William C. Manlove

3rd Vice President, USRC              Weed Control Committee

Upper Shore Mental Health         MD Rural Development

Resource Conservation & Development Council

 

                                    Mark H. Guns

Firemen’s Association                    CARC

Economic Development                 MACO – Legislative Committee Alternate

 

            Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve the Ex-officio Appointments of the Board of County Commissioners.

 

-          APPROVAL OF LEGISLATIVE ITEMS –

 

Administrator Wein presented the Board with a letter that upon execution will be forwarded to the Cecil County Delegation outlining the county’s request for 2005. The approved Capital Improvement Program FY 2006-2010 and the Debt Affordability Study are also included. 

 

The legislative requests are as follows:

 

·        Bond Authority Request in the amount of $28,100,000

·        Request to amend Section 14-813(e) (2) Tax Property Article increasing the fee paid to an auctioneer at tax sale from $3 per property to $7.50 per property.

·        Add Cecil County to Article 2B, Section 12-108 allowing the Board of License Commissioners to proceed administratively against a license that was granted probation before judgment for selling alcoholic beverages to a person under 21 years of age.

·        Amend 2B to authorize a Cecil County winery to sell wines produced at the winery.

·        Exempt Cecil County from Article 24, Section 11-501 enabling Cecil County to determine license fees for dogs and the fee for any kennel license.

·        Amendment of Chapter 37-3 – Cecil County Code to provide the submission by volunteer fire companies of IRS Federal form 990, Exempt from Income Tax and the companies most recent audited financial statement

·        Approval to amend Transportation Article 21-507 prohibiting persons from soliciting money or donations from occupants of vehicles within a roadway, median divider or intersection.

 

Motion was made by Vice President Hepbron, seconded by Commissioner Guns and approved by a majority vote. 

 

DISCUSSION: Commissioner Manlove requested the letter to reflect his opposition to the CIP.

 

VOTE:           Bolender – Y                        Hepbron – Y             Kilby – Y      

                        Manlove – N             Guns – Y

 

 

 

-          APPOINTMENT – ECONOMIC DEVELOPMENT DIRECTOR –

 

Motion was made by Vice President Hepbron, seconded by President Bolender and carried to approve the appointment of Vernon J. Thompson, Director of the Office of Economic Development & Tourism.

 

Commissioner Kilby requested that the minutes reflect her abstention from the vote.

 

VOTE:           Bolender – Y                        Hepbron – Y             Kilby – Abstention

                        Manlove – Y             Guns - Y                                                       

 

-          APPOINTMENT – Public Safety Pension Plan – Board of Trustees

 

Upon the request of Director Frank Muller, motion was made by Commissioner Guns, seconded by Commissioner Manlove and unanimously carried to approve the appointment of Captain Kenneth J. Streets to the Public Safety Pension Plan, Board of Trustees.  This appointment will replace Director Frank Muller, due to his inability to attend the monthly meetings.

 

-          PERSONNEL –

 

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

 

Donald Ewing, Equipment Operator I, Solid Waste, $10.46/hour (grade 4) terminated 11/9/04

Michael Anthony, Equipment Operator I, Roads – Southern Area, $10.46/hour (grade 4), resigned effective 11/30/04

Ferne A. Dillard, Dispatcher I, Emergency Services, $11.79/hour (grade 1P1) quit effective 11/25/04

Robert Gambill, on-call Haz-Mat Technician, Emergency Services, resigned      effective 11/12/04

Rita A. Cornell, Office Services Specialist, Human Resources, $12.55/hour, (grade 5), effective 12/17/04

 

            Upon the recommendation of Ms. Nichols, motion was made by Commissioner Manlove, seconded by Vice President Hepbron and unanimously carried for approval the following appointments:

 

Heather McKenney, Dispatcher I, Emergency Services, $11.79/hour (grade 1P1)

Steven A. Henderson, Code Compliance Inspector, Housing Office, $16.59/hour (grade 7) effective 12/13/04

Steve Scott, Equipment Operator I, Solid Waste Management, $10.46/hour (grade 4)

Amanda Cox, Dispatcher I, Emergency Services, $11.79/hour (grade 1P1)

       

        Upon the recommendation of Ms. Nichols, motion was made by Commissioner Manlove, seconded by Vice President Hepbron and unanimously carried to approve the following promotion/transfers/reclassifications:

 

PROMOTE Mark A. Healey, from Roads Equipment Operator Trainee at $9.49/hour to Roads Equipment Operator I at $10.46/hour (grade 4) effective 11/13/04

TRANSFER Susan E. Ganal from full-time Paramedic to part-time on-call Paramedic in Emergency Services at an hourly rate of $16.13 (grade 4P1) effective 12/11/04

TRANSFER Michael Lambert from full-time Paramedic to part-time on-call Paramedic in Emergency Services at an hourly rate of $16.13 (grade 4P1) effective 12/14/04

TRANSFER Bryan Spies from full-time Paramedic to part-time on-call Paramedic in Emergency Services at an hourly rate of $16.13 (grade 4P1) effective 12/15/04

 

Upon the recommendation of Ms. Nichols, motion was made by Commissioner Guns, seconded by Vice President Hepbron and unanimously carried to approve the following Job Specification for Support Services Specialist in the Department of Emergency Services, grade 8.

 

Other Appointing Authorities Personnel Actions:

 

RESIGNATIONS/TERMINATIONS

Thomas E. Hitchcock, Sr., Deputy First Class – Corrections, Detention Center, $20.11/hour (grade 3P12), retirement effective 12/31/04

Christina Dunn, Correctional Officer, Detention Center, $13.09/hour (grade 2P1), resigned 12/12/04

Tyrese Johnson, Accounting Clerk, Treasurer’s Office, $13.94/hour (grade 5), quit effective 11/30/04

 

APPOINTMENTS

Tamika Banks, Correctional Officer, Detention Center, $13.09/hour (grade 2P1) effective 12/06/04

Kevin Urick, Assistant State’s Attorney – Child Abuse Prosecutor, grant funded at $75,000 effective 01/18/05

§          

-          AQUAFIN LOAN SUBORDINATION AGREEMENT –

 

Dwight Thomey, Counsel to the Board presented for approval a subordination Agreement relative to the Aquafin Revolving Loan Agreement approved at the September 7, 2004 Board of County Commissioners Meeting.  This agreement will clarify that the county is the third mortgagee, as stated in the Revolving Loan Agreement Resolution.

 

Upon the recommendation of Counsel Thomey, motion was made by Commissioner Guns, seconded by Vice President Hepbron and unanimously carried to approve the Aquafin Loan Subordination Agreement as presented.

 

- ORDINANCE – ADOPTION OF COUNTY PERSONNEL POLICIES & PROCEDURES –

 

            Donna Nichols, Human Resources Director presented the Ordinance – Adoption of County Personnel Policies and Procedures, introduced at the November 16, 2004 Board of County Commissioners Meeting.  Ms. Nichols further presented the changes as recommended by the Board.

 

            Motion was made by Commissioner Guns, seconded by Vice President Hepbron and unanimously carried to adopt the County Personnel Polices & Procedures Ordinance.

 

 

 

           

-          RESOLUTION – UPPER SHORE REGIONAL COUNCIL BROADBAND RESOLUTION –

 

Administrator Wein on behalf of the Upper Shore Regional Council presented to the Board for approval a Broadband Resolution.  This Resolution reinforces Cecil County’s support as a member of the Upper Shore Regional Council to support the efforts of the council to bring affordable and accessible broadband coverage to the nine (9) counties comprised in the Upper Shore Regional Council.

 

Motion was made by Commissioner Manlove, seconded by Vice President Hepbron and unanimously carried to approve the Resolution in support of the Upper Shore Regional Council Broadband Resolution.

 

-          AMENDMENT TO SUBDIVISION REGULATIONS, ARTICLE 3.8 – NOTIFICATION BY COUNTY –

 

Administrator Wein presented revised text, submitted by the Office of Planning, Zoning, Parks & Recreation, relative to Article 3.8 – Notification by County, pursuant to the request at the November 16, 2004 Board of County Commissioners Meeting.

 

DISCUSSION:  Dialogue between the Board and Counsel Thomey, resulted in the tabling of this amendment until the next meeting.

 

            Motion was made by Vice President Hepbron to table the amendment to Subdivision Regulations, Article 3.8 Notification by County until the next meeting of the Board of County Commissioners.

 

            - INTRODUCTION OF THE STORMWATER MANAGEMENT STANDARD PLANS & INTRODUCTION OF MODIFICATIONS TO THE STORMWATER MANAGEMENT ORDINANCE RELATIVE TO STANDARD PLANS –

 

            Matt Carter, Director of Public Works presented the Board with a proposed Amendment and Draft Resolution to Cecil County Code Chapter 251, Stormwater Management.  This amendment will allow the Department of Public Works to approve a standard Stormwater quality plan for individual single-family residential lots of record and agricultural construction less than 30,000 square feet in disturbance.  The standard plan currently proposed by the Department of Public Works requires the applicant to choose and construct MDE-approved non-structural best management practices which meet the established water quality and ground water recharge requirements.  It will further reference single family residential lots created prior to July 31, 2001. 

 

            A public hearing will be held on December 21, 2004 at 7:00 p.m. at the Board of County Commissioners Meeting.  At that time, the Board will take action on the above items.

 

-          REQUEST FOR BID WAIVER- CECIL COUNTY HOUSING OFFICE –

 

Administrator Wein presented a request from Dave Mahaney, Director of Housing and Community Development for the waiver of the formal bidding process to purchase a Scion xb from Newark Toyota for the full time housing inspector recently hired.  The cost for this vehicle is $14,580.

 

Upon the recommendation of Mr. Mahaney, motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve the waiver of formal bidding process for the purchase of a vehicle for the Department of Housing & Community Development.

 

-          REQUEST FOR BID CANCELLATION – RFP 05-01 – WEB SITE –

 

Upon the recommendation of Scott Mesneak, Director, Information Systems, motion was made by Commissioner Guns, seconded by Vice President Hepbron and unanimously carried to approve the request to cancel RFP 05-01 for the purposes of further definition of the request.

 

-          BID AWARD 05-28 EPOXY PERMANENT PAVEMENT STRIPPING –

 

Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Manlove, seconded by Vice President Hepbron and unanimously carried for approval to award Bid No. 05-28 - Epoxy Permanent Pavement Stripping to Traffic Lines, Inc., in the amount of $32,237.78.

 

-          EXELON TRAIL ENGINEERING AWARD

 

Administrator Wein presented the Award Recommendation for the engineering and design of the Exelon Trail of the Office of Planning, Zoning, Parks & Recreation.  This Bid is as a result of a grant received from the Maryland Heritage Area Authority for the engineering and design of this project.

 

Upon the recommendation of the Office of Planning, Zoning, Parks & Recreation and the Lower Susquehanna Heritage Greenway, motion was made by Commissioner Manlove, seconded by Commissioner Kilby and unanimously carried to approval to award the bid to Andrews Miller & Associates in the amount of $42,600.

 

-BUDGET AMENDMENTS NOS. 48 – 50.

 

Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve Budget Amendment Nos. 48 – 50.

 

The next meeting of the Board of County Commissioners will be held on Tuesday, December 21, 2004 at the Cecil 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