MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

December 21, 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 21, 2004.  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 30, 2004 rezoning hearings were unanimously approved.

            The minutes from the December 6, 2004 meeting of the Board of County Commissioners Bond Meeting were unanimously approved.

            The minutes from the December 7, 2004 meeting of the Board of County Commissioners were unanimously approved as amended.

-          PUBLIC HEARING – STORMWATER MANAGEMENT ORDINANCE AMENDMENT AND SWM STANDARD PLANS -  

Matt Carter, Director, Department of Public Works presented the Board with an Amendment to Section 251-14 of the Stormwater Management Control Ordinance, addressing single family residential lots and lots with agricultural use that existed prior to July 31, 2001.

The proposed Ordinance was introduced at the Board of County Commissioners Board Meeting on December 7, 2004.  Fred Orr, Senior Engineer, Department of Public Works advised the Board that no written, email or verbal comments from the public or regulated community have been submitted to Public Works.

COMMENTS SUPPORT/OPPOSITION:  None

            Motion was made by Commissioner Guns, seconded by Vice President Hepbron and unanimously carried to adopt the Ordinance proposed by the Department of Public Works to Section 251-14 of the Cecil County Code.  A copy of the Ordinance is attached hereto and incorporated into these minutes.

-          PRESENTATION OF CERTIFICATES – ELKTON LITTLE LEAGUE MAJOR GIRLS SOFTBALL TEAM –

Commissioner Guns presented Certificates of Recognition to members of the Elkton Little League, Major Girls Softball Team.  Participants and coaches were recognized for their achievement during the 2004 Softball Season.

-          COMMISSIONER’S COMMENTS –

President Bolender – extended holiday greetings to all.

Commissioner Kilby – thanked all of the volunteers who participated in the recent Christmas Open House held by the Board.

Vice President Hepbron – wished all a happy and safe holiday.

Commissioner Guns – commented relative to the recent grand opening ceremony held on behalf of the Early Learning Center at Gore. 

Commissioner Manlove – commented on a recent growth seminar that he, President Bolender and Commissioner Kilby attended.

-          PUBLIC COMMENT –

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

Don Meyer, 98 Foxy Road, Warwick, MD – also commented relative to the Old Telegraph Road Bridge and the repair schedule.

Ray Whiteoak, 125 Port Herman, Chesapeake City, MD – commented relative to the Old Telegraph Road Bridge repair schedule.

Thomas Dill, 105 Wilson Street, Warwick, MD - commented about the inconvenience to his business as a result of the Old Telegraph Road Bridge.

Robert Alderson, Elkton, MD - commented about the Locust Point Road repairs and the increased traffic on Elk Forest Road.

Mary Ann Long, Warwick, MD - commented relating to the repair schedule of the Old Telegraph Road Bridge.

Phil Pierce, Elkton, MD – commented about the road conditions and the accelerated growth within the county.

Betty Shallcross, Middletown, DE – commented relating to the loss of ecology as a result of the pond beneath the Old Telegraph Road Bridge being drained in preparation of the repair/replacement.

Carol Sebrinski, Warwick, MD – spoke relative to the safety issues of school buses as a result of the Old Telegraph Bridge repair.

Mrs. Viars, Elkton, MD – commented about the traffic situation on Elk Forest Road as a result of the Locust Point Road repair.

Betty Lutzesky, Chesapeake City, MD – commented about the Old Telegraph Road Bridge.

Tim McDonald, Warwick, MD – commented about the Old Telegraph Road Bridge repair/replacement.

Rich Foley, Warwick, MD – commented relating to the extra time added to travel distance as a result of the Old Telegraph Bridge. 

            Upon the request of the Board, Director Carter addressed the citizens. Mr. Carter provided the pertinent details and a timeline for the repair/replacement of the bridge.  In addition, he also offered explanations as to the delay in this project.

-          APPOINTMENTS

Three appointments to the Cecil County Commission on Aging were proposed to the Board as follows:

Jane C. Murray, 212 East Main St., Elkton to fulfill the term of Raymond Lindsay who resigned, expiration date:  6/30/07.

Ralph Franceschini, 9-10 Bridge Plaza, Elkton, MD – Honorary Member

Ken Robinson, replacing Cindy Mishoe, expiration date:  6/30/05

Motion was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried to approve the proposed appointments to the Commission on Aging. 

Motion was made by Commissioner Guns, seconded by Commissioner Manlove and unanimously carried to approve the appointment of Mark Clark, 136 East High Street, Elkton, to fulfill the term of Tim Smith, expiration date:  8/3/07.

Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve the re-appointments of Douglas E. Lort, 404 Park Place, Elkton and Linda Snyder, 605 Bainbridge Road, Port Deposit to the Board of Parks & Recreation for a three-year term to expire on December 31, 2007.

Motion was made by Commissioner Guns, seconded by Commissioner Manlove and unanimously carried to approve the re-appointment of Michael Dixon to the Cecil County Public Library Board of Trustees for a five-year term to expire on 1/8/10. 

Motion was made by Vice President Hepbron, seconded by Commissioner Kilby and unanimously carried to approve the appointment of Thomas Sweeney, Union Hospital, Elkton, MD to the Susquehanna Network’s Workforce Investment Board.

-          NATURAL RESOURCES CONSERVATION SERVICE, PROJECT AGREEMENT, STONY RUN –

County Administrator Wein presented for approval a Natural Resources Conservation Service Project Agreement between the Board of County Commissioners and the Natural Resources Conservation Service, United States Department of Agriculture.  This agreement will authorize 75 percent funding assistance by the Natural Resources Conservation Service for several repairs along  Stony Run – Rock Run areas that were damaged as a result of the severe storm(s) of July 12, 2004.  The Town of Port Deposit has agreed to pay the landfill tipping fee and other Town in-kind services that do not meet the twenty-five percent match.  This agreement will be administered by Lindsay Tulloch of the Soil Conservation Office.

Motion was made by Vice President Hepbron, seconded by Commissioner Kilby and unanimously carried to approve the Natural Resources Conservation Service Project Agreement.

-          REQUEST FOR WAIVER OF FORMAL BIDDING PROCESS – LOCUST POINT ROAD & RECOMMENDATION OF AWARD FOR THE LOCUST POINT ROAD CULVERT –

Director Carter presented a request for the waiver of the formal bidding process and recommendation of award of bid for the repair/replacement of the Locust Point Road Culvert.  Mr. Carter explained this project has been underway for a considerable amount of time due to the continued deterioration of the roadway culvert.  As a result, the Department of Public Works has a design in-hand and is awaiting the requested expedited permitting process from the Maryland Department of the Environment.

Upon the recommendation of Director Carter, motion was made by Commissioner Manlove, Seconded by Vice President Hepbron and unanimously carried to waive the formal bidding process and award the bid for services to BridgTek in the amount of $37,700.

-          DEEDS BETWEEN STONEY RIDGE INVESTMENTS, INC., AND THE BOARD OF COUNTY COMMISSIONERS – FOREST KNOLL –

Director Carter Presented a Deed between Stoney Ridge Investments, Inc., and the Board of County Commissioners for a subdivision entitled Forest Knoll, Section One, Lots 8-22, Forest Knoll Drive and Austins Way.

Upon the recommendation of Mr. Carter, motion was made by Commissioner Guns, seconded by Commissioner Manlove and unanimously carried to accept the Deeds of Stoney Ridge Investments.

-          SUB DIVISION REGULATION AMENDMENT SECTION 3.8- NOTIFICATION BY COUNTY – CONTINUED FROM DECEMBER 7 2004 –

Eric Sennstrom, Director, Planning, Zoning, Parks & Recreation presented the Board for approval the revised Sub Division Regulation Amendment for Section 3.8 – Notification by County.

Upon the recommendation of Director Sennstrom, motion was made by Commissioner Kilby, seconded by Commissioner Guns and unanimously carried to approve the Sub Division Regulation Amendment to Section 3.8.  A copy of this Amendment is attached hereto and incorporated into these minutes.

-          REQUEST FOR WAIVER OF FORMAL BIDDING PROCESS – UPPER CHESAPEAKE CORPORATE CENTER, DES PHONE SERVICE AND REQUEST FOR PURCHASE AGREEMENT –

Administrator Wein presented a request on behalf of Frank Muller, Director Department of Emergency Services for the waiver of formal solicitation of bids for the build-out of the phone service for the DES and Sheriff’s Office.

Upon the recommendation of Director Muller, motion was made by Commissioner Manlove, seconded by Vice President Hepbron and unanimously carried to approve the waiver of formal bidding process and award the bid to NexitiraOne, LLC for an Option 61C Meridian System in the amount of $167,371.33.

-          REQUEST FOR WAIVER OF FORMAL BIDDING PROCESS – DES, BREATHING APPARATUS FOR HAZMAT AND REQUEST FOR PURCHASE AGREEMENT –

Administrator Wein presented a request on behalf of Director Muller for the waiver of formal solicitation of bids for the replacement of ten (10) self-contained breathing apparatus for hazardous material response.   Additionally, it is requested that DES is authorized to execute a purchase requisition.

Upon the recommendation of Director Muller, motion was made by Commissioner Manlove, seconded by Commissioner Guns and unanimously carried to approve the request of formal bidding process and purchase of ten (10) self-contained breathing apparatus for hazardous material response in the amount of $28,263 from Fischer Scientific Co.

-          BID NO. 05-30 REJECTION – BALLISTIC VESTS –

Upon the recommendation of the Purchasing Agent and the Sheriff, motion was made by Commissioner Manlove, seconded by Commissioner Guns and unanimously carried to approve the bid rejection of Bid No. 05-30.

-          BUDGET AMENDMENTS  - NOS. 51 – 71

Motion was made by Commissioner Guns, seconded by Commissioner Manlove and unanimously carried to approve Budget Amendment Nos.51-71.

            The next meeting of the Board of County Commissioners will be held on January 4, 2005 in the 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