MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

January 20, 2009

            The Board of County Commissioners for Cecil County met in regular session at the County Administrative Building, 200 Chesapeake Blvd., Elkton, MD.  The following members of the Board were present:

            Brian L. Lockhart, President

            Rebecca J. Demmler, Vice President

            Wayne L. Tome, Sr., Commissioner

            Robert J. Hodge, Commissioner

            James T. Mullin, Commissioner

 Constituting a full Board.

       

            The Board adjourned into a Closed Session at its work session on January 13, 2009 at 11:00 A.M., motion was made by Commissioner Tome, seconded by Commissioner Hodge and unanimously carried pursuant to MD Annotated Code - State Government 10-508 (a) (1) to discuss personnel matters; (7) consult with counsel to obtain legal advice; (4) consider a matter that concerns the proposal for a business to locate in the county; (8) consult with staff, consultants or other individuals about pending or potential litigation; (9) conduct collective bargaining negotiations or consider matters that relate to the negotiations; (10) discuss public safety.  Present Commissioners Lockhart, Demmler, Tome & Hodge; County Administrator Alfred Wein and County Attorney, H. Norman Wilson. Topics of Discussion:  University of Maryland Extension Service, request to fill; North East Water Service Agreement; Candlelight Ridge; Video Lottery Terminals; pending or potential litigation; Inaugural Train Route Planning. Meeting adjourned at 12:20 P.M.

             The Board adjourned into a Closed Session at its work session on January 20, 2009 at 10:20 A.M., motion was made by Commissioner Tome, seconded Commissioner Demmler and unanimously carried pursuant to MD Annotated Code - State Government 10-508 (a) (1) to discuss personnel matters (7) consult with counsel to obtain legal advice; (8) consult with staff, consultants or other individuals about pending or potential litigation; (9) conduct collective bargaining negotiations or consider matters that relate to the negotiations. Present:  Commissioners Lockhart, Demmler, Tome, Hodge & Mullin; County Administrator Alfred Wein; County Attorney H. Norman Wilson; and Attorney, Larry Haislip. Topics of Discussion:  ARCA Lawsuits; Town of North East Water Service Agreement; Collective Bargaining; Video Lottery Terminals.  The Board adjourned for a break at 11:45 reconvened at 12:45 and adjourned for the day at 1:30 P.M.

             The meeting of the Board of County Commissioners for Cecil County, January 20, 2009 was called to order by Commissioner Manlove at 7:00 p.m. and opened with the Pledge of Allegiance.

 -          APPROVAL OF MINUTES -

Motion to approve the following minutes was made by Commissioner Tome, seconded by Commissioner Hodge and unanimously carried:

December 2, 2008 Closed Worksession Minutes; December 2, 2008 Worksession Minutes; December 5, 2008 Closed Worksession Minutes; December 9, 2008 Closed Worksession Minutes; December 9, 2008 Worksession Minutes; January 6, 2009 Meeting Minutes.

 

-COMMISSIONERS' COMMENTS-

 

Commissioner Mullin - commented about the anniversary event at the Perryville Library and encouraged everyone to take advantage of the services offered at all of the branches of the Cecil County Library.

 

Commissioner Hodge - commented in reference to the pending investigation of the Cecil County S.P.C.A. and encouraged the community to be patient, he assured everyone that the Board is working on this matter.

 

Commissioner Tome - commented about "Cecil Night" in Annapolis, commended everyone involved and stated how productive the event was.

 

Commissioner Demmler - declined comment.

 

Commissioner Lockhart - declined comment.

 

-          TREASURER'S REPORT -

 

Pamela Howard, Treasurer for Cecil County presented the Treasurer's Report for the period ending December 31, 2008.  A copy of this report is attached hereto and incorporated into these minutes.

 

-          PUBLIC COMMENT -

 

Jeff Bruette, Earleville, MD - commented in reference to neglect of animals at the SPCA and lack of proper veterinary care and incompetency's at that facility.

 

Kathy Stout - commented about the allegations of the SPCA and the pending investigation.

 

Mindy Carletti - commented about the allegations of the SPCA and about the care and welfare of the animals currently being housed at the SPCA. She further stated that the allegations have been brought to the attention of the county over eleven years and to date nothing has ever been done.

 

Stacy Wiseman, Elkton - commented about the policies and procedures for SPCA employees and reporting abuse.

 

Jenn Callahan - commented about four shelters that have volunteered services to house and care for the animals at the SPCA during the course of the investigation. She recommended that the SPCA should be promoting rabies clinics and spay neuter education.  She further suggested that the Board insist on an audit.

 

Robert Gorman, Elkton - commented about the pending investigation and the lack of trust from the public of the SPCA and suggested that alternative animal services be sought.  He further commented about privatization of services.

 

Betty Ulrich, Elkton - commented about the pending investigation. She further inquired about the Task Force that will be formed.

 

Anne Menaquali, Bear, DE - commented about an incident that she encountered by the SPCA several years ago in which her dog was killed by a SPCA control officer.

 

Shirley Thomas, Elkton - commented about a personal experience at the SPCA.

 

Thomas Bishop, Elkton - past volunteer at the SPCA, commented about some of the incidents that occurred at the SPCA during his time there.

 

Teresa VanScoy, North East - former employee of SPCA commented about her reports of abuse while she was working at the SPCA. 

 

Ruth Sargent, Elkton - commented about the pending investigation of the SPCA.

 

Deb McQuate, North East - commented about a situation that occurred in her community and the lack of response by the SPCA.

 

Melanie Bass, Rising Sun - commented about the SPCA matter and recommended that the Commissioners take accountability for the SPCA.  She presented information relating to complaints against the Animal Control Officers and court related records. 

 

Jennifer Barber, Elkton - commented in reference to an experience she had wherein her pet died after surgery at the SPCA. 

 

Kathleen Lackey, North East - a Veterinarian in the county spoke of the incompetency of the SPCA and former member of an animal advisory board she was appointed to in 2000.  She further stated that the SPCA is not fulfilling their obligation to the county and the Commissioner's are responsible to make sure they are spending tax dollars wisely.   

 

Commissioner Demmler commented that this meeting is the regularly scheduled meeting of the Board that is held the 1st and 3rd Tuesday of every month.

 

-          INTRODUCTORY ITEMS -

 

-          RESOLUTION - AMENDMENTS TO LOCAL ENTERPRISE ZONE PROGRAM-

 

Administrator Wein introduced a resolution amending the local Enterprise Zone Program excluding all future warehouse and distribution facilities from qualifying for the Cecil County Enterprise Zone property tax credits.

 

This resolution will be presented to the Board for consideration at the February 3, 2009 regular Board meeting.

 

-          ACTION ITEMS -

 

-          APPOINTMENTS -

 

Motion to approve the following appointment was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried to approve:

 

Parks & Recreation Board - Sue Stroble, re-appointment for a three-year term to expire on 12/31/11

 

Cecil Mental Health Partnership (Core Advisory Board) - Trish Lieski, replacing Judy Pugh for the remainder of her term, term to expire 6/30/09; Lyn Feldbaumer, three-year term, term to expire 1/1/12; Vicky Premer, three-year term, term to expire 1/1/12; and Joan Swanson, three year term, term to expire 1/1/12.

 

-          RESOLUTION - CECIL COUNTY FIREMEN'S ASSOCIATION, EQUIPMENT REPLACEMENT PROGRAM -

 

Administrator Wein presented the resolution amending the Cecil County Firemen's Association Resolution introduced at the Board's meeting of January 6, 2009.

 

Motion to approve the Equipment Replacement Resolution was made by Commissioner Tome, seconded by Commissioner Mullin and unanimously carried to approve.  A copy of this resolution is attached hereto and incorporated into these minutes.

 

-          RESOLUTION TO ADOPT THE POST RETIREMENT PLAN DOCUMENT FOR ELIGIBLE EMPLOYEES OF CECIL COUNTY GOVERNMENT, CECIL COLLEGE AND THE CECIL COUNTY LIBRARY -

 

Administrator Wein presented the resolution to adopt the Post Retirement Plan Document for eligible employees of Cecil County government; Cecil College; and the Cecil County Public Library introduced at the Board's January 6, 2009 meeting.

 

Motion to approve the Post Retirement Plan Document was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried. A copy of the resolution is attached hereto and incorporated into these minutes.

 

-          ORDINANCE NO. 2009-01 - CECIL COUNTY CODE, SECTION 9, BUILDING CONSTRUCTION - CONDEMNATION OF UNSAFE STRUCTURES & EQUIPMENT -

 

Motion to postpone Ordinance No. 2009-01 until the February 3, 2009 Board of County Commissioners meeting for the purpose of several recommended changes to the ordinance was made by Commissioner Mullin, seconded by Commissioner Tome and unanimously carried.

 

-          DEPARTMENT OF PUBLIC WORKS -

 

Scott Flanigan, Director of Public Works presented the following items:

 

-          BID AWARD NO. 09-14-52636 - INSTALLATION OF TRAFFIC BARRIER, MCCAULEY ROAD BRIDGE NO. CE 0091 - OVER BASIN RUN ROAD -

 

Director Flanigan requested that this Bid Award be postponed to a later date, to allow the Board to make an inspection of the site as requested.  He further made clarification to a statement that he reported to the Board in worksession, that the McCauley Road Bridge was scheduled for replacement in the next several years.  Upon further inquiry of his department, it is in fact, the New Bridge Road Bridge that is scheduled for replacement rather than the McCauley Road Bridge.

 

-          BID AWARD NO. 09-20 - PURCHASE OF FIVE (5) SNOW PLOWS -

 

Upon the recommendation of Director Flanigan, motion was made by Commissioner Tome, seconded by Commissioner Hodge and unanimously carried to award Bid No. 09-20 to award bid no. 09-20 to Moxley's Welding & Machine Service, Inc., in the amount of $19,080.00.

 

            The next regular meeting of the Board of County Commissioners will be held on February 3, 2009 at 7:00 p.m. County Administration Building, 200 Chesapeake Blvd., Elkton, MD.

 

There being no further business of the County Commissioners, the meeting concluded.

     

 

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