|
COMMISSIONERS MEETING October 6, 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, 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 September 22, 2009 at 10:55 A.M., motion was made by Commissioner Mullin, seconded by Commissioner Hodge and unanimously carried pursuant to MD Annotated Code – State Government 10-508 (a) (3) consider the acquisition of real property for a public purpose and matters directly related thereto; (7) consult with counsel to obtain legal advice; and (14) before a contract is awarded or bids are opened, discuss matters directly related to a negotiating strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process. Present: Commissioners Lockhart, Demmler, Hodge and Mullin; H. Norman Wilson, Counsel; Director Sennstrom; Administrator Wein; Craig Marker and Steve Udzinski, Department of Public Works; Director Thompson and Vicky Rinkerman. Topics of Discussion: Video Lottery Terminal – Perryville; Port Deposit Wastewater proposal; Browning Creek Farm; Cell 4 Construction Management proposal; update on Artesian Litigation. Actions taken: Directed Vernon Thompson to draft letter to Penn National Gaming regarding public infrastructure improvements relating to VLT project. Meeting adjourned at 1:20 P.M.
The Board adjourned into a Closed Session at its work session on September 29, 2009 at 10:40 A.M., motion was made by Commissioner Mullin, seconded by Commissioner Tome and unanimously carried pursuant to MD Annotated Code – State Government 10-508 (a) (1) personnel matters; (7) consult with counsel to obtain legal advice; (14) before a contract is awarded or bids are opened, discuss a matter directly related to a negotiating strategy or the contents of a bid proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process. Present: Commissioners Lockhart, Demmler, Tome, Hodge and Mullin; County Administrator Alfred Wein; Director Eric Sennstrom; H. Norman Wilson, Counsel; Budget Manager Whiteford, Scott Flanigan, DPW; Director Thompson; Director Nichols and Vicky Rinkerman. Topics of Discussion: Personnel – Request to fill; Flu Immunizations; Indian Acres update; Port Deposit Wastewater proposal; Elkton/YMCA Wastewater proposal; PSC matter – Town of North East; Proposal for wastewater financial model. Actions taken: Approved three request to fills and discussed flu immunization process; County Attorney Wilson briefed Board on Indian Acres 10/6 public hearing; Port Deposit Wastewater proposal – potential funding; YMCA Sewer proposal with Town of Elkton; Approved release of scope of work RFP for wastewater financial/rate study. Meeting adjourned at 12:15 P.M.
The Board adjourned into a Closed Session at its work session on October 6, 2009 at 10:15 A.M., motion was made by Commissioner Mullin, seconded by Commissioner Demmler and unanimously carried pursuant to MD Annotated Code – State Government 10-501 (a) (1) personnel matters; (7) consult with counsel to obtain legal advice; (8) consult with staff, consultants, or other individuals about pending or potential litigation; (14) before a contract is awarded or bids are opened, discuss a matter directly related to a negotiating strategy or the contents of a bid proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process. Topics of discussion: Requests to fill; Charter Committee legal counsel; Port Deposit update; Artesian legal update; North East PSC matters. Actions taken: Approved three requests to fill; approved additional funding for Charter Committee legal counsel; Counsel Haislip provided updates on Port Deposit Wastewater Agreement, Artesian Franchise legal update and North East PSC matters. Meeting adjourned at 12:15 P.M.
The meeting of the Board of County Commissioners for Cecil County, October 6, 2009 was called to order by Commissioner Lockhart at 7:00 p.m. and opened with the Pledge of Allegiance.
The following minutes were unanimously approved by the Board:
July 7, 2009 Worksession Minutes July 7, 2009 Closed Worksession Minutes July 14, 2009 Worksession Minutes July 14, 2009 Closed Worksession Minutes September 8, 2009 Worksession Minutes September 8, 2009 Closed Session Minutes September 8, 2009 Worksession Minutes September 15, 2008 Board Meeting Minutes September 22, 2009 Worksession Minutes September 22, 2009 Closed Session Minutes
-COMMISSIONERS' COMMENTS-
Commissioner Demmler – welcomed everyone in attendance.
Commissioner Hodge – welcomed everyone in attendance.
Commissioner Mullin – thanked Phil Muzick from the Department of Public Works for meeting with residents of Hack's Point last Saturday.
Commissioner Tome – announced that this week is Fire Prevention Week and encouraged everyone to check their batteries in their smoke alarms. He also encouraged the public to get their flu shots.
- PUBLIC HEARINGS –
- CONDUIT BOND FINANCING – UNION HOSPITAL (ISSUANCE OF ECONOMIC DEVELOPMENT BONDS BY THE BOARD OF COUNTY COMMISSIONERS OF CECIL COUNTY-
Cheryl Guth, McGuire Woods, LLP appeared before the Board and presented the required public hearing for the issuance and sale of economic development revenue bonds of the County to be loaned to Union Hospital of Cecil County, Inc., for the renovation, furnishing and equipping of improvements to and upgrades of the Corporations existing facility located at 106 Bow Street, Elkton, MD in the amount of $16,000,000.
This matter will be placed on the Board of County Commissioners October 20, 2009 agenda for consideration.
COMMENTS IN SUPPORT OR OPPOSITION: None.
- AMENDMENT TO THE CECIL COUNTY FOREST CONSERVATION REGULATIONS –
Eric Sennstrom, Director, Office of Planning & Zoning appeared before the Board and presented a public hearing relating to amendments to the Cecil County Forest Conservation Regulations, Article III, Section 3.2H; Article III, Section 3.2K; Article VI, Section 6.1B; Article VII, Section 7.2 and 7.2-I; and Article X, Section 10.1 to provide for the administration of forest conservation enforcement. The amendments were presented to the Planning Commission at their meeting on September 21, 2009 and a recommendation of approval was forwarded.
This matter will be placed on the Board of County Commissioners October 20, 2009 agenda for consideration. - LETTER OF INTENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF CECIL COUNTY, PROPERTY RIGHTS UNITED, INC., AND WSC CORPORATION – ENFORCEMENT OF ZONING REGULATIONS, INDIAN ACRES CAMPGROUND –
Alfred C. Wein, Jr., County Administrator appeared before the Board and presented a public hearing relating to an action between the Board of County Commissioners of Cecil County, Property Rights United Inc., and WSC Corp. The subject of the action is a "Letter of Intent" proposing a systematic approach to enforcement of restrictions and zoning regulations that prohibit permanent residency within the Indian Acres campground in Earleville, MD. The Letter of Intent those "funstead owners" of Indian Acres living there full-time, with no other place of permanent residence, shall be able to remain for a period of up to ten (10) years as they transition into compliance, under certain conditions:
(1) The ten (10) year period will run continuously unless otherwise interrupted by a transfer of the property or death of the owners who initially register for this agreement. Such interruptions in the title of the property will terminate the ten (10) year residency period and the Funstead will revert to the then current non-full-time residency status of Indian Acres Funsteads. WSC will inform the Commissioners of such interruptions in the title and the Commissioners will confirm changes and upon confirmation, remove the property from the approved list of full-time occupants.
(2) The residency period is not transferable to others, and is only available to the actual owners of the property.
(3) Indian Acre Funstead Owners not volunteering for this program will be required to abide by the non-full-time occupancy requirements described in the Indian Acres covenants and Cecil County Zoning Ordinances.
(4) At the end of the ten year residency period, Funstead owners in the plan must cease to occupy their respective Funsteads on a permanent full-time basis.
(5) Legal notice to each Funstead Owner of record will be sent by US Mail advising them of this program, its terms and the period of registration available. Additionally public notice will be placed at the entrance of Indian Acres and published weekly in the local media for a thirty (30) day period.
(6) In order to preclude similar hardship conditions developing in the future, all parties to this agreement acknowledge that full legal notice of the normal prohibitions of full-time occupancy at Indian Acres will be given to all new property owners in writing and fully enforced against non-program participants as of the closing date of this program's application period.
(7) Following the written notice, a period of sixty (60) days will be available for all Indian Acres Funstead owners not already on the accepted list, but still wishing to volunteer for the program to formally register and appeal for residency status on a hardship basis to the Cecil county Commissioners representative, who will make a final ruling as to hardship status. Once the application period has ended, no further full-time occupants will be added to the plan for any reason.
(8) Individual property owners not already listed on Exhibit A and wishing to obtain full-time occupancy status will need to meet the following minimum criteria:
(a) Must have owned the property prior to December 15, 2008, and (b) Must live full-time on that property, and (c) Must have no other dwelling property available to them, and (d) Prove to the satisfaction of the Commissioners their hardship status is not being allowed to live full-time at Indian Acres
(9) Within ninety days of mailing written notice, Funstead Owner's volunteering for the program will execute and individual three party agreement affecting their respective homestead to be included in the program. (10) WSC Corporation, by executing this agreement acknowledges they will not enforce the restrictive living covenants of Indian Acres against an individual property owner properly registering for this program for the ten (10) year period, subject to the program conditions.
(11) WSC Corporation, by executing this agreement, acknowledges they will participate and assist the Commissioners by the enforcement of the restrictions of record in Indian Acres against permanent residency against all Funstead Owners not recorded within this program and against all Funstead Owners after the expiration of the Plan.
(12) A monitoring committee shall be established in order to ensure that the obligations and commitments contained in the LOI are followed through on and that the parties affixing their signatures stay involved in any and all enforcement actions. Members of the monitor committee shall include representatives from Planning & Zoning, Permits & Inspections, Environmental Health, Sheriff's Office, Senior Services & Community Transit, Housing, WSC, Inc., Property Rights United, Inc., Indian Acres Club of Chesapeake Bay, Inc., and Sassafras River Association.
Upon conclusion of the public hearing, the Board accepted comment in support/opposition of the proposed Letter of Intent.
The following citizens addressed the Board: Penny Orner, Glen 3, Lot 41, Earleville, MD Marion Leese, 13 Arrow Way, Bear, DE Kimberly Waddington, New Jersey Jack Welch, Knight's Island Road, Earleville, MD Connie Doyle, Norristown, PA Joe Dunn, Knight's Island Road, Earleville, MD Cassie Heron, Sassafras River Keeper, P.O. Box 333, Georgetown, MD Ellen Vale, Duck Hollow Road, Georgetown, MD John Vale, P.O. Box 333, Georgetown, MD Jim Kapron, 635 Mt. Harmon Road, Earleville, MD Mike Arms, Holly Lane, Earleville, MD Charlotte Stayland, Sassafras River Association, P.O. Box 333, Georgetown, MD Ray Tyson, Glen 6, Indian Acres, Earleville, MD Peg Lloyd, 1106 Belmont Ave., Secanne, PA Mary Ramone, McGradyville, PA Terry Lane, Indian Acres, Earleville, MD Allen Pepperkae, P.O. Box 765, Earleville, MD Robert Taylor, Newark, DE Mary Alice Carroll, Indian Acres, Earleville, MD
President Lockhart announced that a decision would be made at the November 3, 2009 Board of County Commissioners meeting.
- APPOINTMENTS –
Motion to approve the following appointments was made by Commissioner Demmler, seconded by Commission Mullin and unanimously carried:
Cecil County Commission on Aging:
Reappoint the following members for a three-year term to expire on June 30, 2012:
Diane Brown, Hazel Jenkins, Doretha Gatchell, Rose Pepiora
Appointment of Gregory Bayor, Director, Senior Services & Community Transit
The following members were re-appointed term to expire June 30, 2010:
Carol England Robert Davis
- RESOLUTION REQUIRING CECIL COUNTY EMPLOYEES TO PARTICIPATE IN THE OPERATION OF MASS DISPENSING OF IMMUNIZATION CLINICS & RESOLUTION ESTABLISHING EMERGENCY PERSONNEL & TRAINING POLICY FOR ALL CECIL COUNTY GOVERNMENT EMPLOYESS IN PLANNING, RESPONSE & RECOVERY IN ALL DECLARATIONS OF EMERGENCIES AFFECTING CECIL COUNTY, MARYLAND –
Administrator Wein presented the two resolutions introduced at the Board of County Commissioners meeting on September 15, 2009 establishing emergency personnel and training policy for county government employees and requiring employees to participate in the operation of mass dispensing of immunization clinics in the event of an emergency declaration.
Motion to approve the resolutions was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried. A copy of the resolutions are attached hereto and incorporated into these minutes.
- DEPARTMENT OF PUBLIC WORKS –
Scott Flanigan, Director of Public Works presented the following items:
- BID AWARD NO. 10-27 HYDRO SEEDER–
Upon the recommendation of Director Flanigan motion to award Bid No. 10-27 to Mid-Atlantic Turf Equipment, LLC in the amount of $75,745.00 was made by Commissioner Tome, seconded by Commissioner Lockhart and unanimously carried to approve.
- BID AWARD NO. 09-34-52635 –BELL MANOR ROAD REPAIRS–
Upon the recommendation of Director Flanigan, motion to award Bid No. 09-34-52635 to Corman Construction, Inc., in the amount of $267, 443.50 was made by Commissioner Tome, seconded by Commissioner Mullins and unanimously carried.
- BID AWARD NO. 10-14 – INFLOW & INFILTRATION IDENTIFICATION PROGRAM CURED –IN – PLACE LATERAL LINERS –
Upon the recommendation of Director Flanigan, motion to award Bid No. 10-14 to B. Frank Joy, LLC in the amount of $130,128.00 was made by Commissioner Tome, seconded by Commissioner Mullin and unanimously carried.
- BID AWARD NO. 10-15-55020 –INFLOW & INFILTRATION IDENTIFICATION PROGRAM – SANITARY SEWER CLEANING, CCTV INSPECTION, TESTING & SEALING –
Upon the recommendation of Director Flanigan, motion to award Bid No. 10-15-55020 to Tri-State Grouting in the amount of $368,069.00 was made by Commissioner Demmler, seconded by Commissioner Lockhart and unanimously carried.
- BID NO. 10-16 – OPEN CUT REPAIRS –
Upon the recommendation of Director Flanigan, motion to award Bid No. 10-16-55020 to H.I.E. Contractors in the amount of $1,321,475.00 was made by Commissioner Tome, seconded by Commissioner Mullin and unanimously carried to approve.
- BID AWARD NO. 09-32-5229 – REPLACEMENT OF WINCH ROAD BRIDGE, CE 0093 OVER CSX RAILROAD –
Upon the recommendation of Director Flanigan, motion to award Bid No. 09-32-5229 to R.E. Pierson Construction Company in the amount of $1,986,337.00 was made by Commissioner Tome, seconded by Commissioner Lockhart and unanimously carried to approve.
- BID AWARD NO. 09-13-55027 – REPLACEMENT DE LA PLAINE MANOR PUMP STATION –
Upon the recommendation of Director Flanigan, motion to award Bid No. 09-13-55027 to Eastern States Construction Division, Inc., in the amount of $1,033,000.00 was made by Commissioner Mullin, seconded by Commissioner Demmler and unanimously carried to approve.
- BID AWARD NO. 10-22 – RENTAL EQUIPMENT –
Upon the recommendation of Director Flanigan, motion to award Bid No. 10-22 Rental Equipment was made by Commissioner Tome, seconded by Commissioner Lockhart and unanimously carried to approve.
- BID AWARD NO. 10-33-52233 – WINDING BROOK STREET IMPROVEMENTS, PHASE 4 –
Upon the recommendation of Director Flanigan, motion to award Bid No. 10-33-52233 to Dix Hollow Contracting in the amount of $299,915.00 was made by Commissioner Mullin, seconded by Commissioner Demmler and unanimously carried to approve.
- OPTION CONTRACT AND ENTRY AGREEMENT – PROPERTY OF ROBERT A. & KATHY F. ROLAND – REPLACEMENT OF NOTTINGHAM ROAD BRIDE OVER CSX RAILROAD –
Upon the recommendation of Director Flanigan, motion to approve the option contract and entry agreement for the replacement of the Nottingham Road Bridge was made by Commissioner Tome, seconded by Commissioner Mullin and unanimously carried.
- BUDGET AMENDMENTS NOS. 29 - 37 -
Motion was made by Commissioner Demmler, seconded by Commissioner Mullin and unanimously carried to approve Budget Amendment Nos. 29 - 37. 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 on October 20, 2009 at 7:00 p.m. at the Rising Sun Town Hall, 1 East Main Street, Rising Sun, MD.
There being no further business of the County Commissioners, the meeting was adjourned.
MINUTES OF THE BOARD OF HEALTH
October 6, 2009
The Cecil County Board of Health met at the County Administrative Building, 200 Chesapeake Blvd., Elkton, Maryland on Tuesday, October 6, 2009. 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 Stephanie Garrity, Chief Health Officer
Constituting a majority Board.
Health Officer Garrity announced that October is "Breast Cancer Awareness Month". The Cecil County Health Department reminds everyone to have yearly mammograms. Ms, Garrity provided informational handouts for free screenings through the Cecil County Health Department.
The Health Department completed the last Rabies Clinic of the year in October and vaccinated 126 animals. Ms. Garrity thanked the Cecil County Treasurer's Office for their presence, giving Cecil County residents an opportunity to purchase a dog license at the clinic.
The Health Department has been forced to postpone several flu vaccine clinics because of the shortage of flu vaccine that currently exists nationwide. However, the Health Department expects to have ample supply of vaccine and H1N1 vaccine in the very near future and is encouraging all citizens to receive their vaccinations this year. Thus far, the Health Department has provided over 2500 dosages of flu mist to Cecil County Public School children ages 5 – 11.
> |