MINUTES OF THE BOARD OF COUNTY COMMISSIONERS

May 15, 2001

      The Board of County Commissioners of Cecil County met in regular session at the County Administration building, 107 North Street, Elkton, Maryland on Tuesday, May 15, 2001.  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 7:00 p.m. and opened with the Pledge of Allegiance.

-         MINUTES – MAY 1, 2001 AND MAY 8, 2001

The minutes of the May 1, 2001 Commissioners meeting and the May 8, 2001 Commissioners meeting and budget hearing were approved as written.

-         PUBLIC HEARING – GROWTH ALLOCATION REQUEST –

Patricia A. Whiteoak, 1702 Augustine Herman Highway, Second Election District, 1.02 Acres from Resource Conservation Area (RCA) to Limited Development Area (LDA) for a County Retreat.

County Administrator Alfred Wein swore in parties that would be submitting testimony.

Mr. Robert Jones from Fred Ward Associates and Patricia Whiteoak, property owner, presented testimony in support of the growth allocation request.  Mr. Jones stated that his client is requesting growth allocation for 5.8 acres after discussion with the Critical Area commission.  His client intends to operate a country retreat on the property and she received approval for the special exception to operate the facility.  However, she must receive a change in the critical area designation in order to proceed.  Environmental assessments have been done on the property and it meets the scoring requirements for a change in growth allocation.

Ms. Whiteoak described her intended business operation that includes day workshops for a maximum of eight people and a maximum of four people for overnight lodging.  Horseback riding and nature trail walks would also be available.

Principal Planner Tony DiGiacomo presented testimony on behalf of the Office of Planning and Zoning.  A copy of his report is incorporated as a part of these minutes.  He clarified that the request was for 5.8 acres.

Upon the recommendation of the Office of Planning and Zoning, a motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the 5.8-acre Growth Allocation Request submitted by Robert Jones and Patricia Whiteoak.

COMMISSIONERS’ COMMENTS

            Commissioner Kilby stated that during the budget process they have looked at ways to cut costs and access funds through grants.  She attended a meeting with representatives from the Department of Natural Resources and Program Open Space to discuss a new conservation program called the Green Print Program.  This program would provide the county with information and access to available funds for conservation purposes.  She is serving on the Forum for Rural Maryland Board that reviews issues that affect rural areas throughout the state.  The board works to educate and influence the state legislature on these issues to promote and fund programs that will preserve rural areas.

            Commissioner Bolender stated that the 2002 Budget would be adopted on Tuesday at 10:00 a.m. in the County Administration Building.  He attended the North East and Elkton fireman banquets and discussed the amount of money raised by the Ladies Auxiliary in each company.  He also attended the Special Olympics and conveyed his admiration for the event volunteers and participants.

            Commissioner Hepbron stated that he was unavailable to attend meetings last week due to personal commitments.  He was discouraged by the poor public turn out during the budget hearing process.  He was also disappointed with the public turn out for the Storm Water Management hearings.

BOARD OF HEALTH

            Doctor Virginia Bailey presented the Board of Health report, and a copy has been incorporated as a port of these minutes.  She explained the change in the bathing beach sampling program.  They test the water from thirteen beaches throughout the county.  The last rabies vaccination clinic is scheduled for Saturday, May 19, 2001 at the Health Center in Elkton.

TREASURER’S REPORT

            Treasurer Pamela Howard presented this report, and a copy has been incorporated as a part of these minutes.  She commented on the efficiency of her staff on managing county investments.

PROCLAMATIONS

            The following proclamations were presented:

                        Lead Poisoning Prevention Awareness Week

                        Sickle Cell Anemia Month

                        Mental Health Awareness Month – Members from the Upper Bay Counseling and the Cecil County Arts Council accepted this Proclamation.

AWARD PRESENTED TO THE OFFICE OF PLANNING AND ZONING

            Director Eric Sennstrom, Office of Planning and Zoning, accepted an award presented by Maryland Rural Water Association for their outstanding contribution to developing wellhead protection plans for the county.

PUBLIC COMMENT

            Mr. Casey Vaarijes stated that he received a letter from Dwight Thomey regarding acquiring road improvement easements for the Chesapeake Ridge Project off of Marysville Road.  He questioned the legal basis for initiating eminent domain proceedings to secure road improvements for a developer from out of state

            Counsel Dwight Thomey responded that the road in question is a public street.  A right of way for the road improvements must be secured for this project.  If negotiations with the property owners fail to produce a right of way, the county initiates eminent domain procedures.

            Mr. Vaarijes stated that he intends to continue his fight to stop this development based on safety issues, and will do whatever it takes to draw attention to this issue.

            Discussion ensued regarding project approval through the Planning Commission and the requirements for upgrading the road.

            Mr. Ronald Rae commented that he feels Dr. Bailey is an asset to the Health Department and the County.  He feels she does an excellent job and is a very quiet and efficient manager.

            Mr. Vance Fields stated that he agreed with Mr. Rai’s comments and felt that Dr. Bailey does and excellent job managing the Health Department.  He stated that he was disappointed with the public participation during the public hearings for the Storm Water Management Regulations.  He feels that the developers need to adapt and develop land in cooperation with the environment.

PERSONNEL ITEMS

            Mr. Donna Nichols, Director of Human Resources, presented the personnel items:

Resignations/Terminations:  Upon recommendation by Directory Nichols, motion made by Commissioner Hepbron, seconded by commissioner Kilby, and unanimously carried to accept the following:

            Nichole S. Meekins, Social Worker I, Social Services, #30,056.00 (Grade 8), LDW: 05/15/01;

            John Losten Jr., Transfer Station Operator, Solid Waste Division, $25769.29 (Grade 5) retiring 06/01/01;

Appointments:  Upon recommendation by Director Nichols, motion made by commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to accept the following:

            James W. Monger, Jr., Temporary Seasonal Worker, Roads – Sign Shop, $8.00/hour (Grade 2);

            Rene M. Givens, part-time janitor, Facilities Management. $8.69/hours;

            Gerianne Delp, part-time janitor, Facilities Management, $8.69/hours;

            William M Anderson, Operator Trainee, Water & Wastewater, Department of Public works, $25,459.20 (Grade 4).

Promotions/Transfers/Reclassifications:  Upon recommendation by Directory Nichols, motion made be Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to accept the following:

            Promote Dana S. Reed, Assistant Transfer Station Operator at $18,430.46 (Grade 3) to Transfer Station Operator at $22,948.00 (Grade 5), Public Works Department;

            Transfer Eric J. Webberking from Plans Reviewer in Public Works to Soil Conservation Technician in the Cecil Soil Conservation District.  Salary will remain as grade 8 at $37,795.43, (lateral transfer);

            Reclassify the following employees from Laborer to Equipment Operator Trainee due to attainment of CDL, no salary change:  Alvin W. Wheaton, Roads – Bridge Crew; and Monty D. Johnson II – Roads – 2^nd District;

Miscellaneous:  Upon recommendation by Director Nichols, motion made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to accept the following:

            Upgrade Accounting Clerk job description from grade 4 to grade 5 and increase the following employees in the position accordingly:  Pamela W. Castell from $22,249.81 (grade 4) to $23,362.30 (grade 5); and Marilyn M. Lively from $30,869.28 (grade 4) to $32,412.75 (grade 5).

AWARD OF CONTRACT – CLIENT SERVER BASED COMPUTER SYSTEM, BID #01-33

            Upon recommendation by County Administrator Wein, Motion made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to award the bid to PC Mall for the client served based computer system.

AWARD OF CONTRACT – TRASH REMOVAL, BID #01-30

            Upon recommendation by County Administrator Wein, motion made by Commissioner Kilby, seconded by commissioner Hepbron, and unanimously carried to award the bid contract for trash removal to Harvey and Harvey, Wilmington, Delaware.  This is the only company that submitted a bid.

RESOLUTION – SHORT TERM LINE OF CREDIT

            County Administrator Wein presented a resolution for a short-term Line of Credit with County Banking and Trust Company, in the amount of $2,500,000.

            Treasurer Howard stated that this resolution would permit the County to take advantage of borrowing short term if ever required.  She feels this will provide and excellent financing tool and stated there are no other loan fees associated with this Line of Credit since County Bank is our primary banking institution.

            Upon recommendation by County Administrator Wein, motion made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Resolution,  A copy off the Resolution is incorporated as a part of these minutes.

PLANNING AND ZONING – PRIVATE ROAD NAMING – TRIUMPH INDUSTRIAL PARK

            Brad Shockley, Office of Planning and Zoning, stated the office received a request from Jim Waters, Triumph Industrial Park, to name the roads in the industrial park for mail deliver.  The road names have been approved by Emergency Management for 911 response.

            Upon recommendation by the Office of Planning and Zoning, motion made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to name the private roads in the Triumph Industrial Park as Submitted.

AWARD OF BID FOR PINE HILLS WATER TANK

            Matt Carter, Director of Public Works, requested to remove this item from action pending more information.

DEEDS FOR PERSIMMON CREEK – SECTIONS I AND III

            Matt Carter, Director of Public Works, presented a deed to accept Sections I and III of Persimmon Creek into the County road system.

            Motion made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to accept Sections I and III of Persimmon Creek into the County road system.

LANDFILL UPDATE AND CONSULTANT PROPOSALS

            Matt Carter, Director of Public Works, stated that he has held several meetings with residents for clean air group regarding the foul odor in the central landfill.  The Public Works Department has initiated a 24-hour telephone answering system response line to collect data from residents on the time and location when the smell is detected.  He attended a symposium on landfill gas and found it very informative and educational on dealing with this issue.  The have solicited proposals from eight companies for technical assistance to correct this problem.  The department has received three responses and hope to have a consultant by June.  He appreciates the cooperation and efforts from the residents to resolve this issue.

PERPETUAL ROAD MAINTENANCE AGREEMENT BETWEEN WM. J. CARTER AND WM. J.B. CARTER

            Matt Carter, Director of Public Works, Recommended acceptance of the perpetual road maintenance agreement between the father, William J. Carter, and his son, William J.B. Carter.  He stated that this is an agreement between family members with no County involvement.

            Motion made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to accept the perpetual road maintenance agreement.

BUDGET AMENDMENTS – SHERIFF’S OFFICE

            Motion made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the budget amendment for the Law Enforcement Division of the Sheriff’s Office for purchase of a new vehicle to replace a vehicle that was totaled after an accident; insurance proceeds totaled $19,066.00.

            Motion made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to adjourn the meeting.