The Board of County Commissioners of Cecil County met in regular session at the Cecilton Fire Hall, Cecilton Maryland, on Tuesday May 16, 2000. The following members of the Board were present: Nelson K. Bolender, President
Harry A. Hepbron, Commissioner
Phyllis Kilby, Commissionerconstituting a full board.
The meeting was called to order by President Bolender at 7:00 p.m. and opened with the Pledge of Allegiance.
- MINUTES - May 2, 2000 -
The minutes of May 2, 2000 were approved as written.
- BOARD OF HEALTH MINUTES - May 2, 2000 -
The Board of Health minutes of May 2, 2000 were approved as written.
- PUBLIC HEARING MINUTES - May 9, 2000 - Constant Yield Tax Rate
The minutes of May 2, 2000 Public Hearing to adopt the constant yield tax rate were approved as written.
- PUBLIC HEARING MINUTES - May 9, 2000 - Proposed Budget FY01
The minutes of the May 9, 2000 Public Hearing for the proposed budget for Fiscal Year 2001 were approved as written.
PUBLIC HEARING - TRANSFER OF CECILTON ANNEX
A public hearing was held to consider transferring the Cecilton Annex property directly from the Cecil County Board of Education to the Town of Cecilton.
Mr. Alfred Wein, County Administrator read the following notice which appeared in the Cecil Whig: A public hearing will be held on May 16, 2000, at 7:00 p.m. at the Cecilton Fire Hall, Cecilton, Maryland, to consider joining in a deed of conveyance from the Board of Education of Cecil County to the Town of Cecilton so as to transfer the Cecilton Annex Building and property located on U.S. Route 213 in the Town of Cecilton to the Town of Cecilton. The purpose of the public hearing shall be to determine whether or not it is in the best interest of the citizens of Cecil County to transfer said property to the Town of Cecilton to be used by the Town for its purposes. It is anticipated that the property will be transferred without any consideration being paid by the Town to the Board of Education or the Board of County Commissioners.
County Attorney, Mr. Dwight Thomey explained that the building was previously occupied by the Board of Education for pre-kindergarten and kindergarten classes. The Board of Education, upon completion of the renovation of the Cecilton Elementary School, no longer requires use of the building and wishes to turn the building over to the County. The law allows for the transfer to be made directly from the Board of Education to the Town of Cecilton. The Town and County officials have agreed to enter into a Memorandum of Agreement for the first two years to ensure the interested public agencies can use the facility as a multi-purpose public building. Some of the identified stakeholders include Cecil Community College, Cecil County Health Department, Department of Aging, Department of Juvenile Justice, Department of Social Services, the Division of Parole and Probation, Family Services Association, Inc., Haven House, Maryland Rural Development Corporation, Head Start, and the YMCA.
Ms. Joyce Boulden inquired as to whether the Town of Cecilton would be required to maintain the full financial responsibility for the building. President Nelson Bolender responded that no, other public agencies would be assisting in the cost of maintenance and operation of the building.
Ms. Boulden also stated her concerns for the potential of continued growth of the Cecilton Elementary and the need for more land to expand the current facility. The loss of the Cecilton Annex building and grounds could cause the schools to have to use valuable playground space if such expansion were required.
President Nelson Bolender stated that the Maryland Rural Development Corporation would be responsible for scheduling and coordinating the use of the building with the public and private agencies that are interested in providing local services. He further explained that the building would be used as it currently stands with minor renovations and it is the intention to expand the capacity of the building through major renovations in various stages. The building expansion depends upon the ability to bring in revenue through grants and private fundraising efforts. The Department of Social Services has agreed to contribute $400 per month for the maintenance and operation costs of the Annex.
Ms. Diane Brown asked if the building could be used for senior citizen services and President Bolender stated that the building could currently be used for staff for Senior services and upon future improvements, could house senior programs.
Ms. Rose Pepiora asked how the building would be used. Mr. Kevin Brooks of Maryland Rural Development Corporation, Inc. was introduced. Mr. Brooks thanked the Commissioners and the Town officials for the opportunity to address the meeting. He reported that there is currently an architectural review of the building to determine how the building can be used to maximum capacity as it currently exists and what work would be required to expand the building's capacity to serve more programs. A final report of the architect's report will be forthcoming to the County Commissioners and the Town of Cecilton in two weeks. The time frame for expanding the building is dependent upon grant funds and securing additional funds. The first goal is to get people in and move toward building compliance.
President Nelson Bolender asked to table the vote on the transfer of the Cecilton Annex building and property until the next public meeting to allow the Commissioners and Town officials an opportunity to review the proposed deed and Memorandum of Understanding.
- PUBLIC HEARING - PROGRAM OPEN SPACE PROJECTS -
Mr. Edward W. Slicer, Jr., Parks and Recreation Manager appeared before the Commissioners for the public hearing for Program Open Space. Mr. Slicer's opening remarks provided a history that this is a state funded project, operating since 1969 and the county serves as the authorizing agency to apply for funds. There is no cost of this project to the county. Mr. Slicer presented the following Program Open Space projects:
Town of Perryville - For: Installation of a new pavilion to be located at the Perryville Community Park, Town of Perryville, Perryville, MD 21903. Funding: Reimbursement funds available FY2OOO from the Department of Natural Resources, Program Open Space. The total cost of the project is $23,105 with the Town of Perryville providing 25% matching funds in the amount of $5,776.25 with the 75% balance being requested from the State in the amount of$17,328.75.
Town of Perryville - For: Purchase and installation of new playground equipment to replace existing playground equipment located at the mini-park along Otsego Street in the Town of Perryville, Perryville, MD 21903. The total cost of the project is $23,359 with the Town of Perryville providing 25% matching funds in the amount of $5,839.75 and the balance of the required funds to be requested from the State in the amount of$17,519.25.
Testimony in support of the project was heard from Commissioner Harry Hepbron who stated that anything that supports youth is a worthy project. Mr. Ronald Rae stated that he always supports Open Space grant funds for parks and playground equipment. There was no testimony in opposition to this action.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Program Open Space projects.
- PUBLIC HEARING - AGRICULTURAL PRESERVATION DISTRICTS:
Ms. Sandra Edwards, Planner II, Dept. of Planning and Zoning appeared before the Commissioners for the public hearing and presented the following seven (7) applications to the Maryland Agricultural Land Preservation Foundation for establishing Agricultural Preservation Districts: Walter Drummond, Jr., 66 Acre Parcel located at Walling Organic Farm, 2130 Cecilton - Warwick Road, Warwick MD 21912, Zoned SAR (Southern Agricultural Residential);
Virginia Davis, 170 Acre Parcel located at Middle Ground, 804 New Cut Road, Earleville, MD 21919, Zoned SAR;
Diane and Gerald Sizemore, 178 Acre Parcel located at Upper Wickwire, 846 Pond Neck Road, Earleville, MD 21919, Zoned SAR;
Obershain Family, LLC, 155 Acre Parcel located at the Northeast corner of intersection of Route 282 and New Cut Road, Zoned SAR;
Edgardo and Leticia Nieves, 279 Acre Parcel located at Worsell Manor Farm, 555 Worsell Manor Road, Warwick, MD 21912, Zoned SAR;
Edgardo and Leticia Nieves, 50 Acre Parcel located at Worsell Manor Farm, 555 Worsell Manor Road, Warwick, MD 21912, Zoned SAR;
Northview Stallion Station, Inc., Richard L. Golden, 212 Acre Parcel located at the corner of Cayots Corner Road and St. Augustine Road, Zoned SAR.
Ms. Edwards stated that the Agricultural Preservation Board reviewed the applications, all the properties met the required criteria and was unanimously approved. She further reported that the Planning Commission met on May 15, 2000 and also unanimously approved the applications. Ms. Edwards reported that the documents become a matter of record and protect the property from development for a period of five (5) years. The filing of the application leads to a second step to sell the easements to the state for perpetual protection from development.
The following testimony was provided in support of the Agriculture Preservation District applications:
Mayor John Bunnell stated that the Cecilton area is continually facing the threat of outside development and he supports this project as it involves the land owners in protecting their own land.
Mr. Bill Manlove stated his appreciation to the landowners in supporting the preservation efforts.
Mr. Jim Mullin asked the Commissioners to vote favorably on this project and he expressed his appreciation to the leadership provided to send the message of the value of agricultural preservation.
Ms. Diane Carabetta stated her support to preserve the agricultural integrity of the land and that all benefit from this action.
There was no testimony in opposition to this action.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve all seven applications for Agriculture Preservation Districts.
- COMMISSIONER COMMENTS -
Commissioner Harry Hepbron stated that the budget process had been both educational and exciting.
Commissioner Phyllis Kilby stated that she had attended the Perryville Spring Fling last Saturday and was very impressed and pleased by the community's fundraising efforts toward a new town library, demonstrating strong community support for the project.
President Bolender reported he had attended the Special Olympics on Saturday and encouraged all residents to participate and support this cause. He was very impressed by the courage, skills and enthusiasm of the participants.
- TREASURER'S REPORT -
Ms. Pamela Howard, Treasurer, appeared and presented the Treasurer's report dated April 30, 2000. A copy of the report is incorporated as a part of these minutes.
- ADMINISTRATOR'S ITEMS -
Mr. Alfred Wein, County Administrator, reported the following items: there will be a Smart Growth presentation by the Maryland Office of Planning on June 6, 2000, 1:00 p.m. in the Commissioners Board Room, 101; on May 23, 2000, 2:00 p.m.. the FY01 Budget will be adopted; and, the next Board of County Commissioners' meeting will be held June 6, 2000, 2:00 p.m., in the Commissioners Board Room, Room 101 of the County Office Building in Elkton.
- PUBLIC COMMENT -
Ms. Diane Carabetta requested future budget proposals include the actual amount of income or revenues from the previous year or year-to-date rather than estimates. She also stated her opposition to any new taxes.
Mrs. Judy Monger stated her support for creating the Carpenter's Point sanitary sewer sub-district.
Mr. Ronald Rae stated his opposition of providing additional funds to the Board of Education or for increasing their budget to support increased salaries.
Mr. Jim Mullins presented the Commissioners with a petition of 264 names asking for a moratorium on all new residential developing in the southern part of Cecil County until January, 2001. He also stated he was in support of an impact fee on all new county construction of residential homes.
Mayor John Bunnell announced that President Bolender and Delegate Ron Guns have' been invited to attend a town meeting at the Cecilton Fire Hall on May 25, 2000, 7:00 p.m. to discuss slowing down residential development in targeted geographic areas. He also asked the Commissioners to consider establishing a board to research new ways to generate revenue for the county rather than raising taxes. Examples he provided were impact fees and adequate public facilities ordinances.
President Bolender reminded everyone that the excise tax proposed by the current Board is the same as many refer to as impact fees, and that the referendum will be coming up for vote in November and will need voter support.
Mr. Bill Manlove stated his support of the Agriculture Preservation Districts and for the Carpenter's Point Sewer project.
Ms. Doris Obenshain shared her concerns regarding increased residential development and their related costs and the inability to generate income to support the required services and asked the community to support the petition that was presented to the Commissioners. She further asked the County to review the current codes so all applications for subdivision development met the required standards. She stated that the Planning Commission approved a development in the Calvert area when the school is at 120% capacity. She stated that there is a need to protect our own interests for adequate public facilities. She also requested a response to a letter she wrote to the Commissioners.
Mr. Roland Wills thanked Commissioner Kilby and the Planning Commission for standing up for residents who are opposed to the current trend in development. He stated that he may not agree with the Commissioner's budget, but he appreciates her support for looking at all facts regarding the conditions of roads before they are accepted by the county.
Mr. Vance Fields thanked Commissioner Kilby for her support and responsiveness to homeowners through her comments presented at the Planning Commission. He also stated his concern for all of Cecil County, not just the southern portion of the county regarding issues related to residential development.
Ms. Anne Swears inquired as to the status of Mill Lane and Mill Bond.
President Bolender, along with Mr. Matt Carter of the Department of Public Works informed the attendees that an engineer has been hired through the state to begin preliminary plans. The County does not know the actual cost of the project nor the amount of matching funds to be required by the State.
- PERSONNEL ITEMS -
Ms. Linda Anguish, Director of Human Resources, appeared before the Board. Upon recommendation by Ms. Anguish, motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the appointment of Thomas L. Coulter as an EMS Medic at a starting salary of $22,526.40, grade 5, and Mr. Joseph J. Logullo as Operator Trainee for the Department of Water and Wastewater at a starting salary of $20,113.60 which is a grade 4.
Upon recommendation by Ms. Anguish, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to reclassify Mr. Roy T. Hill (date of hire 45/4/99) from Equipment Operator Trainee at a starting salary of $18,253.25 (grade 3) to Equipment Operator 1, at a salary of $20,113.60 (grade 4). This position is within the Roads Division of the Department of Public Works.
Upon recommendation by Ms. Anguish, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to increase the starting salary for Temporary Seasonal employees from $7.50 to $8.00 per hour, effective May 17, 2000. This action was requested due to the current market conditions and the county's inability to provide a competitive wage.
BID WAIVER - CONCRETE BOX CULVERTS
On behalf of the Department of Public Works, Mr. Alfred Wein asked for consideration of a bid waiver on concrete box culverts due to the design dependent nature of the culverts and the expensive nature of such structures for County roadways. Through the bid procedures outlined in 18373.C. of the County Code, each structure will be presented to a minimum of two qualified manufacturers for a construction and delivery quotation.
Commissioner Kilby asked for clarification that this was due to the limited number of vendors who can provide a specialty item. Mr. Matt Carter of DPW responded that this item is not "off the shelf' and must have design parameters established before the final product is manufactured.
A motion was made by Commissioner Kilby, seconded by Commissioner Hepbron and unanimously carried to approve the request for a bid waiver on concrete box culverts.
- AMENDED DEED - WATER TOWER AND SYSTEM TOWN OF NORTH EAST
On behalf of the Department of Public Works, Mr. Matt Carter presented to the Commissioners for their consideration a Deed between the Board of County Commissioners and the Town of North East. The Deed would transfer from the County to the Town of North East 1.15 acres on the easterly side of Route 274, Ninth Election District, the water tower, water transmission line(s) and water distribution system.
A motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Deed.
- DEED - SUNNYSIDE DRIVE, WOODSIDE DRIVE, BASIN ROAD, CANAL ROAD, AND BAYVIEW ROAD
Mr. Matt Carter presented a Deed between this Board and Elk River Basin Holding Company, Inc. for lot of parcel of land in the Second Election District, Harbour View, designated as Sunnyside Drive, Sta.0+00 to Sta.13+91, Woodside Drive Sta. 8+33 to Sta. 22+60, Basin Road Sta. 1+53 to Sta. 2+12.04, Canal Road Sta. 0+00 to Sta. 0+75 and Bayview Road Sta. 14+87 to Sta. 15+55, on a subdivision plant entitled Section 2, Elk River Basin.
Upon recommendation by Mr. Carter, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to execute the Deed.
- BID - BARD CAMERON ROAD SPORT COMPLEX
Mr. Matt Carter reported to the Board that five (5) bids were received for filling and grading operations for the sports fields at the Bard Cameron Road Sport Complex. Mr. Carter recommended the bid be awarded to Meadows Construction, Inc. for their low bid of $42,850.
A motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to accept the proposed Bid.
- PUBLIC WORKS AGREEMENT - BUTLER'S CROSSING
Mr. Carter presented a Public Works Agreement between this Board and Ernest Butler pertaining to Road Construction Plans for a T-Turnaround in the subdivision known as Butler's Crossing located in the First Election District of Cecil County on Joe Meltz Road.
A motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Public Works Agreement.
- RESOLUTION - CARPENTER'S POINT SANITARY SEWER SUBDISTRICT
Mr. Carter presented a Resolution to create Carpenter's Point Sanitary Subdistrict under Chapter 67 of the Cecil County Code. The resolution would allow a wastewater collection system for the Carpenter's Point community as follows: the northern limits are inclusive of all parcels fronting Greenbank Road and Little River Road; the western limits are inclusive of all parcels fronting on the east side of Carpenter's Point Road, with the exception of the Greenbank Farms subdivision and those parcels fronting only onto Carpenter's Point Road between Greenbank Farms and Clark Road. To the south and east, the North East River and the Chesapeake Bay are the boundaries. Parcels fronting Clark Road and High Point Road re also to be included in the subdistrict.
A 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.
- BUDGET AMENDMENT NOS. 138-142 -
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve Budget Amendment Nos. 138-142. Copies of the Budget Amendments are incorporated as a part of these minutes.
Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to adjourn.
Alfred C. Wein, Jr.
County AdministratorAPPROVED:
Nelson K. Bolender, President