The Board of County Commissioners of Cecil County met in regular session in their office at 107 North Street, Elkton, Maryland, on Tuesday, August 20, 2002. The following members of the Board were present:
Nelson K. Bolender, President
Harry A. Hepbron, Commissioner
Phyllis Kilby, Commissioner
constituting a full Board.
The meeting was called to order by President Bolender at 2:00 p.m. and opened with the Pledge of Allegiance.
- MINUTES – JULY 16, 2002 –
The minutes of July 16, 2002, were approved as presented.
- PUBLIC HEARING – TEXT AMENDMENT TO ZONING ORD. –
A public hearing was held on the following text amendment to the Zoning Ordinance:
SIGNS – Section 261. Signs exempted from regulations.
Amend Sections 261.10 and 261.12 – Signs exempted from regulations on house of worship bulletin boards, identification signs, and church directional signs.
Mr. Eric Sennstrom, Director of Planning and Zoning, advised that the amendment is to Section 261 of the Zoning Ordinance. This Section concerns the signs that are exempt from the County’s sign regulations. It proposes to eliminate Section 261.12 and to incorporate language contained in that section into Section 261.10. Mr. Sennstrom stated Section 261.10 is proposed to read: Flags or emblems or governmental, educational or religious organizations and non-commercial signs relating to religious or political thought, [house of worship bulletin boards, identification signs and church directional signs] not to exceed thirty-two (32) square feet in area. Mr. Sennstrom explained that Section 12 would be deleted.
He advised that the Planning Commission recommends approval of the amendment.
Mr. Sennstrom presented a letter from Mr. Ed Cairns, who is opposed to the amendment, as well as photographs of existing church signs in the community with the square footages from proponents at the Planning Commission meeting.
Mr. Kevin Fell, Pastor of Landmark Baptist Church, spoke in favor of the amendment stating language to remove discrimination is a necessity. He suggested that the standard be 40’ as opposed to 32’. Also, he is concerned that language in the existing Code does not stipulate what is to be measured. Pastor Fell suggested inserting language stating “message board” so that there is no confusion on what is being measured.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the amendment. A copy is incorporated as a part of these minutes.
- COMMISSIONERS’ COMMENTS –
President Bolender reported that the Board was at the MACO conference last week. He stated Cecil County is not alone relative to the drought and that we need to conserve this commodity. The Board will take action concerning the drought at today’s meeting.
Commissioner Hepbron stated there are a lot of people who are not registered to vote, and he would be happy to get them registered.
Commissioner Kilby reported that there is a Family-to-Family Program, a series of 12 classes, beginning September 10 at the Perry Point VA Hospital for family members suffering from major depression.
Commissioner Kilby advised that there was a Cabinet reception at the MACO conference where the Governor’s Cabinet members were present to assist attendees.
She advised that every year there are problems with people being upset about having tar and chip in their developments. Commissioner Kilby suggested an educational meeting with citizen input in the early Winter for those who have complaints with tar and chip.
- TREASURER’S REPORT –
Mr. Al Wein, County Administrator, presented the Treasurer’s report as of July 31, 2002. A copy of the report is incorporated as a part of these minutes.
- FOUNDATION SCHOLARSHIP –
Miss Katie Rose was present to thank the Board for choosing her for the Foundation Scholarship.
- PUBLIC COMMENT –
Ms. Debbie Cline spoke regarding the reappointment of Cynthia Rosetti to the Planning Commission that is on the agenda for today. She referred to a contribution that Commissioner Kilby received from Ms. Rosetti and requested that the Board leave this seat vacant until after the election.
Ms. Nancy Schwerzler was present to clarify various accusations about the SPCA stating they do not endorse politicians. Their contract does require that a Board member serve as an ex-officio member of the SPCA Board.
Mr. Brian Tome commended the Board for adopting the amendment to the Zoning Ordinance. However, he suggested a new variance hearing for anyone who applied under the old law, as well as a refund of the variance request fee.
Mr. Rich Dungan, of T.C. Simons, was present relative to the Perryville Connector Road and asphalt overlay items that are on the agenda. He stated at the time of the bid opening it was stated Meadows was the only one with local preference. Mr. Dungan advised that T. C. Simons has a blacktop plant on Route 40, and they were the low apparent bidder on all three projects. They were also the low bidder on the Perryville Connector Road. After the opening, they received a letter requesting additional prices and were unsure if this would suggest that they were the low bidder. Mr. Dungan stated in the future they would like to protest this type of action prior to award.
- APPOINTMENTS – PLANNING COMMISSION & BD. OF APPEALS –
Motion was made by Commissioner Hepbron, seconded by President Bolender, and carried to hold all appointments in limbo with the present people still serving until the new Board takes over and makes appointments. Commissioner Kilby is opposed stating this is “changing the rules in the middle of the game.” She stated this is the process that has been used since the Board took office.
- DROUGHT UPDATE –
Mr. Frank Muller, Director of Emergency Services, gave an update on the drought. He stated the deficit for the County is a little over three inches since July. The Health Department issued 26% more well permits for replacement wells. Mr. Muller presented a Resolution relative to mandatory water conservation measures for the County water systems of Meadowview, Harbor View, and Pine Hills.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Resolution. A copy is incorporated as a part of these minutes.
- AWARD OF PERSONAL PROPERTY GRANTS –
Mr. Frank Muller advised that after the tornado in May the Governor awarded the County $50,000 to be used to assist victims with uninsured losses. Grant awards are based on the losses sustained by property owners using the FEMA Individual Assistance guidelines. Recommended awards reflect 50% of the uninsured losses submitted by applicants. The total recommended grant award is $29,975.00
Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to accept the grant award.
- FARR CREEK HAZARD MITIGATION PROJECT –
Mr. Frank Muller gave an update on the Farr Creek Hazard Mitigation Project. He advised that he has been notified by the Maryland Department of the Environment that, due to State budget restraints, he will not be able to move forward with additional projects until 2005. No money will be allocated for any additional properties. Mr. Muller stated he will contact the 19 property owners. Nine of eleven properties have been demolished, and the remaining two will be scheduled after the County Attorney meets with the property owners.
- PERSONNEL ITEMS –
Ms. Donna Nichols, Director of Human Resources, presented the personnel items. Upon recommendation by Ms. Nichols, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to accept the following resignations/terminations:
Keith A. Bennett, on-call Paramedic, Emergency Services, (no longer available);
Adam B. Ringle, on-call Paramedic, Emergency Services (no longer available);
Harold M. Riale, Jr., Laborer, Roads Division, effective July 22, 2002;
David W. Hill, Equipment Operator I, Solid Waste Division, effective August 9, 2002;
Margaret M. Gagnon, Office Services Specialist, effective October 4, 2002;
Paula A. Smith, Volunteer Coordinator, Department of Aging, effective September 20, 2002;
Rita A. Thompson, Office Services Assistant, Central Garage, effective August 16, 2002;
Belinda C. Mumpower, Parts Clerk, Central Garage, effective August 16, 2002;
James A. Norman, Lead Mechanic, Central Garage, effective August 16, 2002;
John A. Yedinak, Acting Superintendent, Central Garage, effective August 16, 2002;
David J. Meadows, on-call Biohazard Technician (no longer available).
Upon recommendation by Ms. Nichols, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the following appointments:
Mitchell Willis, Laborer, Roads Division Bridge Crew, $9.21/hour (Grade 3);
Marta Klacka, part-time Office Services Assistant, Department of Aging, $9.21/hour (Grade 3);
Mary K. Bennett, Office Services Assistant, Housing Office, $11.06/hour (Grade 3);
Charles L. Willis, Sr., Dispatcher II, Emergency Services, $13.44/hour (Grade 5P);
Aaron Boyd, Paramedic, Emergency Services, $15.76/hour (Grade 7P);
Bethany Siple, part-time on-call Paramedic, $15.76 (Grade 7P);
Charlestine E. Thompson, Facilities Management, on-call Janitor, $9.21/hour (Grade 3);
Samantha I. Collins, part-time temporary position, to fulfill the Stay Alert Program Grant obligations, $8.50/hour;
Walter Henderson, Equipment Operator II, Roads Southern Area, $14.00/hour (Grade 5);
Jackie Hollenbaugh, Social Worker I, Department of Social Services, $31,859 (Grade 8);
Tricia L. Preston, Planning Aide, Planning & Zoning, $10.46/hour, Grade 4;
Gregory Shaw, Equipment Operator I, Solid Waste, $10.46/hour, Grade 4;
Justin Vaughn, Laborer, Solid Waste, $9.21/hour, Grade 3;
David W. Hill, rehire as Laborer, Solid Waste, $9.49/hour, Grade 3;
Appoint 29 people to on-call Hazardous Material Technician to be paid on a sliding scale from $7.50 to $30/hour based on the situation they are called in for.
Upon recommendation by Ms. Nichols, motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the following promotions/transfers/reclassifications:
Transfer Deborah L. Bandy, Administrative Assistant in the Department of Aging to Legal Secretary in the State’s Attorney’s Office, effective July 24, 2002. Same salary and grade.
Promote/transfer Cindy Bullen from Soil Conservation at $15.02/hour (Grade 5) to Administrative Assistant in the Department of Aging at $15.77 (Grade 6), effective August 12, 2002.
Increase Mark Rhodes 3% for attaining Operator Certification for Water 2 to $25,846.71 (Grade 5), effective July 2, 2002.
Transfer Karen A. Keenan from Resource Inspector II to Code Enforcement Inspector in Planning & Zoning, rate remaining the same at $16.10/hour, Grade 7.
Transfer/promote Randy Massie, Jr. from Equipment Operator Trainee in Roads to Equipment Operator I in Solid Waste Management Division. Hourly rate increase from $9.49 (Grade 3) to $10.46 (Grade 4).
Transfer Norman J. Bannon, IV, Equipment Operator Trainee with the Central Area Road Crew to the Sign Shop, same grade and rate.
Upon recommendation by Ms. Nichols, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the following miscellaneous items:
Annual leave waiver for Kenneth Streets, 12 hours to be used by September 30, 2002.
Adopt revised job specification changing Insurance Specialist to Risk Manager/Training Specialist. No change in grade or salary.
- RESOLUTION – MASS TRANSIT ADM. –
Ms. Susan Twigg, Director of the Department of Aging, presented a Resolution authorizing the filing of an application with the Maryland Transit Administration of the Maryland Department of Transportation for a Section 9 and/or 18 Grant under the Federal Transit Act.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Resolution. A copy is incorporated as a part of these minutes.
- WATERWAY IMPROVEMENT FUND APPLICATION & PROJECT AGREEMENT – FREDERICKTOWN BOAT LAUNCHING RAMP –
Mr. Ed Slicer, Parks and Recreation Manager, presented a Waterway Improvement Fund Application and Project Agreement. He advised that he has received complaints about a drop-off at the end of the ramp and a mound between the ramp and the channel. Mr. Slicer is attempting to get a $25,000 grant for engineering for corrections to these problems. This will be in 2004.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Waterway Improvement Fund Application and Project Agreement.
Mr. Slicer also requested approval to apply for a Waterway Improvement Grant in the amount of $5,000 in this fiscal year to correct problems at the Stemmers Run Boat Launching Ramp.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve Mr. Slicer’s request.
- BID – DEPT. OF AGING FURNITURE –
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to award the bid for Department of Aging furniture to Dinette Central for the sum of $16,132.00.
- BID – PERMIT & INSPECTIONS SUV –
Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to award the bid for the Permits and Inspections SUV to Sturgill Chrysler Dodge Jeep for the sum of $22,000.
- BID - EMS BLDG. –
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to award the bid for the EMS building to Grubb Contractors, Inc. for the sum of $57,500.00
- BID – TRUCK FOR FACILITIES MAINT. –
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to award the bid for a 4 WD pickup truck w/snow plow for Facilities Maintenance to Williams Chevrolet for the sum of $35,130.
- AMENDED FY02-07 CIP –
Mr. Craig Whiteford, Budget Manager, presented the amended Capital Improvement Program for FY2002-2007. He explained that this is merely updating expected cost amounts to anticipate actual costs. No projects have been added or deleted.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the amended CIP.
- BID – MCCAULEY RD. BR. REPAIR –
Mr. Matt Carter, Director of Public Works, advised that four bids were received for the McCauley Road Bridge repair. The low price bidder, Quality Enterprises, submitted an alternate solution. The alternate solution is unacceptable to the County due to lack of engineering computations.
Mr. Carter advised that Eldreth Construction is the next low price bidder, and their bid is technically non-responsive because they showed up at the conclusion of the mandatory pre-bid meeting and did not submit a welder’s certification with their bid.
He is recommending that the Board waive the technical requirement for the attendance at the pre-bid meeting and award the bid to Eldreth Construction, Inc.
Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to award the bid to Eldreth Construction, Inc. for the sum of $29,800.
- BID – ROADWAY CULVERT – SOUTHERN AREA –
Mr. Matt Carter advised that only one bid was received for roadway culvert and only for the Southern area. All three areas were put out for bid. Pleasanton Excavating, Inc. submitted its bid for roadway culvert installations in the Southern area in the amount of $142,400.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to award the bid to Pleasanton Excavating, Inc.
- BID – PV. CONNECTOR RD. –
Mr. Matt Carter read the recommendation for award of the bid for the Perryville Connector Road. A copy is incorporated as a part of these minutes.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to award the bid to Dixie Construction Company, Inc.
- BIDS – PAVEMENT OVERLAY PROGRAM –
Mr. Matt Carter advised that bids were received for pavement overlay for the Northern, Central and Southern areas. T. C. Simons and Daisy Concrete bid on the Southern area. The same three contractors bid on the Central area and the Northern area (T.C. Simons, Daisy Concrete, and Meadows Construction). T. C. Simons was the low bidder for all three areas.
Meadows Construction is the only bidder to qualify as a local bidder and did not bid on the Southern area. If Meadows was shown local bidder preference, the projected costs for the Central area would be approximately $7,182 higher than accepting the low bidder; and the project costs for the Northern area would be approximately $4,145 higher than accepting the low bidder.
Mr. Carter recommends that the Southern area be awarded to T.C. Simons in the amount of $727,246.87, the Central area to Meadows Construction in the amount of $1,137,792.25, and the Northern area to Meadows Construction in the amount of $844,119.75 for a total of $2,709,158.87.
Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to award the bids as recommended by Mr. Carter.
- BID – NORTH EAST RIVER ADVANCED WASTEWATER TREATMENT PLANT BNR UPGRADE –
Mr. Matt Carter recommended that the bid for the North East River Advanced Wastewater Treatment Plant BNR Upgrade be awarded to Wickersham Construction in the amount of $6,885,362.00, contingent upon confirmation of funding by the Board of Public Works in September. That funding would consist of $1,359,000 in grant funding and the balance through the Maryland Department of the Environment State Revolving Fund.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to award the bid to Wickersham Construction.
- SPEED LIMIT – FELL RD. –
Mr. Matt Carter recommended that the speed limit on Fell Road be reduced from 35 mph to 25 mph.
Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the recommendation of Mr. Carter.
- LANDFILL TIRE AMNESTY DAY –
Mr. Matt Carter recommended that the Board approve October 5 as Tire Amnesty Day at the Central Landfill.
Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the recommendation of Mr. Carter.
- BUDGET AMENDMENT NOS. 8-20 –
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve Budget Amendment Nos. 8-20. Copies of the Budget Amendments are incorporated as a part of these minutes.
- BUDGET AMENDMENT NOS. 10 & 11 – BD. OF EDUCATION –
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve Budget Amendment Nos. 10 and 11 for the Board of Education.
Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to adjourn.