|
COMMISSIONERS MEETING
May 20, 2008
The Board of County Commissioners for Cecil County met in regular session at Charlestown Fire Company, 307 Market Street, Charlestown, MD. The following members of the Board were present:
William C. Manlove, President Mark H. Guns, Vice President Rebecca J. Demmler, Commissioner Brian Lockhart, Commissioner Wayne L. Tome, Sr., Commissioner
Constituting a full Board.
The Board adjourned into a closed session at its May 13, 2008 work session at 10:30 A.M. Motion was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried to approve pursuant to the State Government, Annotated Code of Maryland 10-508 (a) (1) & (4) to discuss personnel matters and a business proposal.
The Board adjourned into a closed session at its May 20, 2008 work session at approximately 11:20 A.M. Motion was made by Vice President Guns, seconded by Commissioner Demmler and unanimously carried to approve pursuant to the State Government, Annotated Code of Maryland 10-508 (a) (1) to discuss personnel matters
The meeting of the Board of County Commissioners for Cecil County, May 20, 2008 was called to order by Commissioner Manlove at 7:00 p.m. and opened with the Pledge of Allegiance.
The minutes from the May 6, 2008 meeting of the Board of County Commissioners were unanimously approved.
The minutes from the May 6, 2008 Board of Health were unanimously approved.
The minutes from the May 6, 2008 rezoning hearing were unanimously approved.
The minutes from the May 13, 2008 Constant Yield and Budget Meetings were unanimously approved.
-COMMISSIONERS' COMMENTS-
Commissioner Demmler - commented about the proposal of Constellation Energy regarding fly ash reclamation.
Commissioner Tome - declined comment.
Vice President Guns - declined comment.
Commissioner Lockhart - declined comment.
President Manlove - advised the audience of the procedure of the meeting.
- TREASURER'S REPORT -
The Treasurer's Report for the period ending 4/30/08 was presented by Pamela Howard, Treasurer for Cecil County. A copy of this report is attached hereto and incorporated as part of these minutes.
-PUBLIC HEARINGS -
- PLUMBING, MECHANICAL/HVAC CODE REVISIONS & FEE REVISIONS-
Patrick Conway, Director of Permits & Inspections presented to the Board as part of a public hearing two (2) resolutions that are required to be adopted through an ordinance proposing amendments and revisions to the Cecil County Mechanical Code and fee schedule; Part IV-Chapter 221 of the HVAC standards; Chapter 235, Part IV of the Plumbing Control standards and Plumbing Code fee schedule.
COMMENTS SUPPORT/OPPOSITION- None.
These resolutions/ordinances will be presented to the Board for consideration at the June 3, 2008 meeting of the Board of County Commissioners.
- TEXT AMENDMENT ZONING ORDINANCE, AMEND ARTICLE XI, SECTION 205 GROWTH ALLOCATION (GA) DISTRICT -
Eric Sennstrom, Director of Planning & Zoning presented to the Board as part of a public hearing an amendment to the Cecil County Zoning Ordinance Section 205 Growth Allocation (GA) District. The proposed amendment 205.1a and 205.1.b will provide greater clarity and specificity to the process to be followed when municipalities request growth allocation and is written as follows:
205.1.a. Growth Allocation awarded to the Towns shall follow the following procedure:
i. Request for GA from the Towns shall be made to the Office of Planning & Zoning ii. Planning & Zoning shall place the request on the meeting agendas for the Planning Commission and Board of County Commissioners iii. Planning Commission shall review the request and forward a recommendation to the Board of County Commissioners iv. The Board of County Commissioners shall decide whether to grant the request
205.1.b Growth Allocation requests from the Towns shall contain the following information
i. Demonstration of consistency with Town's Comprehensive Plan; ii. Existing Critical Area Designation and Requested Designation; iii. Number of acres requested and justification for acreage; iv. Demonstration of consistency with Town's Critical Area regulations v. Demonstration of minimal impact to sensitive areas and habitats of rare, threatened and endangered species vi. Maximization of clustering to the extent possible; vii. Concept plat for the proposed development.
COMMENTS SUPPORT/OPPOSITION: None.
- PUBLIC COMMENT -
Henry Burden, Charlestown - commented in support of the Board's decision to maintain the constant yield of .096 to maintain services, public safety, infrastructure, roads/bridges and education.
The following citizens spoke in opposition to the tax rate set on May 13, 2008 by the Board and the FY 09 proposed budget:
Margaret Trenler, Earleville, MD John Bowser, North East, MD Joe Carabetta, Perryville, MD Jean Whitsell, Port Deposit, MD Billy Townsend, Elkton, MD Senator E.J. Pipkin, Elkton, MD Delegate Mike Smigiel, Elkton, MD Diana Broomell, Colora, MD Richard Boyle, Elkton, MD Dan Schneckenburger, Elkton, MD Tina Sharp, Elkton, MD Tom McWilliams, Elkton, MD Alfred Davidson, Elkton, MD Ed Sweizer, Chesapeake City, MD
Dennis Iracki, Perryville, MD - commented in opposition to the proposal of Constellation Energy for the use of coal fly ash as a material to be utilized in the proposed reclamation of Stancill's Gravel Pit near Perryville.
- INTRODUCTORY ITEMS -
- FACILITY USE AGREEMENT, SENIOR SERVICES, ELKTON CENTER DINING ROOM -
Alfred C. Wein, Jr., County Administrator presented the Board with a Facility Usage Agreement for the use of the Elkton Center Dining Room, located within the Senior Services and Community Transit area at the County Administrative Building.
This agreement will be presented to the Board for consideration at the June 3, 2008 Board of County Commissioner's Meeting.
- CHARLESTOWN GROWTH ALLOCATION REQUEST -
Henry Burden, Administrator for the Town of Charlestown presented to the Board a request from the Town of Charlestown to change sixty-six properties (45.2 acres) in the Chesapeake Bay Critical Bay Area from Limited Development Area (LDA) to Intensely Developed Areas (IDA) through the use of growth allocation.
This request will be placed on the Board's agenda as an action item at the June 3, 2008 meeting.
- APPOINTMENT - BOARD OF LICENSE COMMISSIONERS -
Motion to re-appoint Herrel Curry to the Board of License Commissioners was made by Commissioner Tome, seconded by Commissioner Lockhart and unanimously carried for a three-year term to expire 6/30/09.
- FY 2009 BUDGET ADOPTION -
President Manlove presented for consideration, the proposed FY 2009 Budget Adoption with a brief presentation of several changes to the proposed budget presented on May 13, 2008. They are as follows:
· Increase operating funding for Cecil College by $100,000 to eliminate the need to increase tuition charges to needy students · Increase new Sheriff's deputy positions for Law Enforcement - 3 additional · Increase one position in Social Services for an additional in-school social worker, which is fully reimbursed by the Board of Education · Increase non-profit funding for Cecil Partnerships from $0 - $15,500 · Increase professional services expenses in General government by $7,700 for fees associated with the Homestead Tax Credit, paid to the State Department of Assessments
Motion to approve the FY 09 Budget as proposed was made by Vice President Guns. The motion was seconded by Commissioner Lockhart and unanimously carried to approval.
Prior to approval, Vice President Guns and Commissioner Demmler attempted to comment about the proposed budget, however, as a result of unruly behavior of the audience, a vote was taken and the meeting adjourned for a ten-minute period.
- ORDINANCE, AMENDMENT TO CHAPTER 188, SEAL OF CECIL COUNTY -
Administrator Wein presented an ordinance amending Chapter 188 of the Cecil Code to reflect revisions to the Cecil County Seal, which was presented at a public hearing on May 6, 2008.
Motion to approve the ordinance was made by Commissioner Tome, seconded by Commissioner Lockhart and unanimously carried to approve. A copy of the ordinance is attached hereto and made part of these minutes.
- REVISIONS TO INVESTMENT POLICY STATEMENT FOR CECIL COUNTY PENSION PLAN FOR PUBLIC SAFETY EMPLOYEES -
Administrator Wein presented the revisions to the Investment Policy Statement for the Cecil County Pension Plan for Public Safety Employees as recommend by the Pension Board and introduced at the Board of County Commissioner's meeting on May 6, 2008.
Motion to approve the revisions was made by Vice President Guns, seconded by Commissioner Lockhart and unanimously carried to approve.
- LEASE AGREEMENT, SENIOR SERVICES & COMMUNITY TRANSIT & PERRYVILLE PRESBYTERIAN CHURCH -
Administrator Wein presented the lease agreement between Senior Services & Community Transit and the Perryville Presbyterian Church for a one-year period commencing on June 3, 2008 as presented to the Board at the May 6, 2008 meeting.
Motion to approve the lease agreement was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried to approval.
- RESOLUTION - HEALTH INSURANCE RETIREMENT -
Administrator Wein presented a resolution as recommended by the Health Advisory Board revising the monthly supplements for retirees effective July 1, 2008 as presented as an introductory item at the Board's May 6, 2008 meeting.
Motion to approve the resolution was made by Vice President Guns, seconded by Commissioner Tome and carried by a majority vote. A copy of this resolution is attached hereto and made part of these minutes.
Manlove - Y, Guns - Y, Demmler - Y, Lockhart - N, Tome - Y
- CECIL COMMUNITY CENTER - BASEBALL SOFTBALL USER AGREEMENT -
Administrator Wein presented the Cecil Community Center Baseball/Softball User Agreement between the Board of County Commissioners/Department of Parks and Recreation and the Rising Sun Little League for the use of fields at 17 Wilson Street at the Cecil Community Center, as presented to the Board as an introductory item at the May 6, 2008 meeting.
Motion to approve said agreement was made by Vice President Guns, seconded by Commissioner Tome and unanimously carried to approve.
- MEMORANDUM OF UNDERSTANDING, LEASE AGREEMENT - DEPARTMENT OF SOCIAL SERVICES, 105 BROWN COURT, ELKTON, MD -
Administrator Wein presented the Memorandum of Understanding between the Department of Social Services and the Board for the use of 105 Brown Court, Elkton for consideration, as presented at the Board's May 6, 2008 meeting.
Motion to approve the Memorandum of Understanding, Lease Agreement was made by Commissioner Tome, seconded by Vice President Guns and unanimously carried to approve.
- SUBMISSION OF QUESTION OF CODE HOME RULE STATUS TO REGISTERED VOTERS OF THE COUNTY FOR THEIR ADOPTION OR REJECTION -
Administrator Wein presented to the Board for consideration, a formal vote and decision on whether or not to proceed with code home rule form of government. If the Board formally votes to pursue code home rule, in accordance with Article 25B of the Annotated Code of Maryland, two public hearings will be scheduled to hear public input and opinion regarding this issue. At the Board's meeting of July 22, 2008 a resolution will be introduced for consideration at its August 5, 2008 public hearing.
A motion was made to formally consider code home rule government by Commissioner Demmler, seconded by Vice President Guns and carried by a majority vote.
Manlove - Y, Guns - Y, Demmler - Y, Lockhart - N, Tome - Y
- REZONING DECISION - FILE NO. 2008-09 -
Eric Sennstrom, Director of Planning & Zoning presented the Board with File No. 2008-09 a rezoning application filed by William F. & Theresa Custer, which was heard during a public hearing of the Board on May 6, 2008 and is for consideration this evening.
Motion to approve the rezoning request was made based upon a mistake in the comprehensive rezoning of 1993 by Commissioner Demmler. The motion was seconded by Commissioner Tome and unanimously carried to approve.
- DEPARTMENT OF PUBLIC WORKS -
W. Scott Flanigan, Director of Public Works presented the following items to the Board:
-BID AWARD NO. 08-42 53019 SEDIMENT BASIN #1 MODIFICATIONS, PHASE 2 Upon the recommendation of Mr. Flanigan, motion to award Bid No. 08-42 53019 to Dixie Construction Co., Inc., in the amount of $115,606.00 was made by Commissioner Lockhart, seconded by Commissioner Guns and unanimously carried.
- BID NO. 08-41-55020 I&I CHARLESTOWN MANHOLE FRAME & COVERS -
Upon the recommendation of Mr. Flanigan, motion to award Bid No. 08-41 55020 to Cecil Construction Corporation in the amount of $46,500.00 was made by Vice President Guns, seconded by Commissioner Tome and unanimously carried.
- BID NO. 08-40-55-20 I&I CHARLESTOWN SANITARY SEWER CLEANING, CCTB INSPECTION, TESTING & SEALING -
Upon the recommendation of Mr. Flanigan, motion to award Bid No. 08-40 55020 I&I to Tri-State Grouting, LLC in the amount of $72,300.00 was made by Commissioner Tome, seconded by Vice President Guns and unanimously carried.
- BID NO. 08-43-54003-53013 MEADOWVIEW SEWER & WATER UPGRADES, PHASE 2 -
Upon the recommendation of Mr. Flanigan, motion to award Bid No. 08-43-54003-53013 to H.I.E. Contractors in the amount of $82,075.00 was made by Commissioner Tome, seconded by Vice President Guns and unanimously carried to approve.
- LIBERTY GROVE ROAD CONDEMNATION RESOLUTION -
Director Flanigan introduced a resolution to the Board for authorization to seek condemnation of land required for replacement of Cecil County Bridge CE 0108 carrying Liberty Grove Road over Basin Run.
The Department of Public Works has negotiated unsuccessfully for an approximate three (3) year period to acquire 6316 square feet of land, more or less, owned by Robert M. and Marti Trainor for use as road and bridge right-of-way.
This resolution will be presented to the Board at the June 3, 2008 Board meeting for consideration.
- CHARLESTOWN SEWER AGREEMENT -
Director Flanigan presented as an introductory item a Sewer Services Agreement between the Board of County Commissioners and the Town Commissioners of Charlestown addressing certain portions of the Charlestown sewer which are currently maintained by the County, leading into the Seneca Point Waste Water Treatment Plant.
This agreement will be presented to the Board for consideration at the June 3, 2008 meeting.
- RFP 08-08 - STANDBY CONTRACT - EMERGENCY DEBRIS MANAGEMET & REMOVAL SERVICES -
Richard Brooks, Director of Department of Emergency Services presented a recommendation to the Board to award RFP 08-08 Standby Contract to Crowder Gulf in the event of a catastrophic disaster, which would provide for debris removal.
Motion to approve RFP 08-08 was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried.
- BUDGET AMENDMENT NOS. - 97-99 & BOARD OF EDUCATION AMENDMENT -
Motion was made by Vice President Guns, seconded by Commissioner Tome, and unanimously carried to approve Budget Amendment Nos. 97-99 and one Board of Education Amendment. A copy of these budget amendments are attached hereto and made part of these minutes.
The next regular meeting of the Board of County Commissioners will be held on Tuesday, June 3, 2008 at 2:00 p.m. at the County Administrative Building, 200 Chesapeake Blvd., Elkton, MD.
There being no further business of the County Commissioners, the meeting concluded.
_____________________________ Alfred C. Wein, Jr. County Administrator
Approved:
____________________________ William C. Manlove, President > |