July 20, 1999

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The Board of County Commissioners of Cecil County met in regular session in the Cecilton Town Hall, Cecilton, Maryland on Tuesday, July 20, 1999. 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 began with an introduction of the staff from county government and the Cecil County Sheriff's Office. The meeting was then called to order by President Bolender at 7:05 p.m. and opened with the Pledge of Allegiance.

- MINUTES - July 6, 1999 -

The minutes of July 6, 1999 were approved as written.

- COMMISSIONER COMMENTS -

President Bolender provided the following update regarding bridges in the Cecilton area:

Old Telegraph Road over Sandy Branch – final State Highway Administration comments on the required mussel survey are anticipated to be completed on July 21, 1999. The final utility relocations will occur following the survey completion and the bridge will be closed during reconstruction. The delay for the mussel survey has allowed a local crop farmer to harvest his crops.

The Old Telegraph Road Bridge over the Great Bohemia Creek at Bohemia Mills. The engineering project is approximately 90-95% complete, with final permit approvals pending from the Maryland Department of the Environment and the Corps of Engineers.

The Mill Lane Dam was intended for final reconstruction engineering and construction in FY 2002 or 2003, with cost estimates exceeding $850,000. Some engineering and estimating has been accomplished. The Department of Public Works is looking into the possibility of moving the engineering completion up to FY200. The Department of Public Works anticipates requesting a federal grant for assistance in project funding.

The engineering of New Cut Road Bridge is also in process. The mowing of agricultural ditches will occur upon completion of roadside mowing this year. Any available mowing funds will be utilized by the Department of Public Works to mow agricultural ditches which were mowed in 1998.

President Bolender read a prepared statement from the Board of County Commissioners to address the complaints regarding Cecil County homebuilders. The Commissioners have investigated the numerous complaints over the last seven months and have met with the heads of the various county government departments, the inspectors and some builders. There will be ongoing dialogue with the Homebuilders Association to ensure they are aware that the county intends to enforce the existing codes and regulations and will be issuing financial penalties and other measures when codes are violated.

The Commissioners are requesting that all citizens with complaints regarding the construction of their new homes to please follow procedures by filing written complaints in the Permits and Inspections office or the Department of Public Works. Once all proper complaints have been documented in writing, the appropriate department will review and provide a response to the individual citizen in writing. If any constituent does not believe their complaint was addressed satisfactorily, then they are encouraged to contact the County Commissioners. The Commissioners are asking all citizens to address their concerns to the appropriate office before they contact their Commissioner.

Commissioner Kilby reported that one of the committees that she has actively been serving on is the Planning Commission. She reminded the constituents that the Planning Commission is an independent entity that is not under the authority of the Board of Commissioners. The Planning Commission is interested in developing a stronger dialogue with citizen's about their concerns and plans to have ongoing dialogue with the Board of Commissioners to ensure both groups are aware of each other's goals and directions.

Commissioner Kilby encouraged citizens who may be interested in serving on the Planning Commission's citizens group to contact the Board of Commissioner's office.

Commissioner Kilby presented the mayor, town administrator, and town council with county pins as a token of recognition for the hard work they do and in appreciation of their cooperative efforts to strengthen county and municipal relationships.

Commissioner Hepbron reported that he attended the North East Firemen's Carnival and the Water Festival where he served as a judge for the pretty baby contest. He also serves on the Economic Development Council and the Parks and Recreation Board.

- TREASURER'S REPORT -

Ms. Pam Howard, County Treasurer, appeared before the Board and presented the report for the Treasurer's Office dated May 31, 1999. A copy of the report is incorporated as a part of these minutes.

Ms. Howard encourages citizens to review the revised Maryland payment plan for real estate taxes paid via mortgage company. Questions about the real estate tax payment schedule or the Treasurer's Financial Report may be addressed to the Treasurer's office at 410-996-5313.

- REPORT - FAMILY RESOURCE BOARD OF CECIL COUNTY, INC.

Mrs. Nancy Hardy, Executive Director of the Family Resource Board of Cecil County, Inc. provided an overview of this non-profit organization located at 206 South Street, Suite B, Elkton, Maryland. Mrs. Hardy stated the purpose of the legally mandated program, established in January 1995, is to develop and implement programs to benefit Cecil County children, youth and their families. This program serves as the county's "Local Management Board". The initial focus was to reduce the incidence of out-of-home placements through intensive, short-term crisis intervention and out-of-state placements for children by developing local or state programs to meet the child(ren)'s special needs.

The FRBCC is responsible for two programs designed as a response to a county-wide needs assessment and follow-up summit. The Directions Mentoring Program which currently provides mentors to 10-12 children is now being operated by Upper Bay Counseling and Support Services. A mentor is required to spend a minimum of two (2) hours per week per child. There are many children on a waiting list who need to be matched up with adult mentors.

Another recent project operated through the FRBCC was the Lakeside after-school program which served 25 students at Bay View elementary and 25 students at North East Middle School. State and federal funds previously used to fund the after-school program were not reallocated for this upcoming school year.

Current projects of the FRBCC include the promotion of enhancing community partnerships with state and local stakeholders to enhance programs which impact children and their families. The FRBCC is also involved in the planning stages of the Boys and Girls Club for Cecil County. Mrs. Hardy encouraged citizens to consider volunteering as a mentor or community partner in the Boys and Girls Club. For more information, Mrs. Hardy may be reached at 410-620-0762.

- PUBLIC COMMENT -

Mr. Vance Fields requested an update on the dirt pile located at Bailiff Road and Old Bay View off the 95 interchange. The settling pond is sized for the original projection which is under capacity and the overflow is dumping into the Pine Creek and then into the North East Creek which is a tributary to the Chesapeake Bay. Mr. Fields believes development within the county has a higher percentage impact on the waterways than originally projected. Mr. Fred Orr of DPW responded the dirt pile is under the jurisdiction of the Maryland Department of the Environment and monetary penalties against the site contractor are being pursued.

Mr. Roland Wills reported that while he supports monetary penalties to site developers and builders, it is not enough. He urges the county inspectors to get out to sites early and enforce the existing regulations. He requested the Planning Commission to reconsider any developments with small ¼ acre lots.

Commissioner Bolender interjected a comment that ht inspectors will be given cell phones so they may immediately call a builder if any violations are identified in an effort to reduce the lost, thus unnoticed, stop-work orders posted on the building site.

Ms. Anne Demont spoke on behalf of the Rock Springs Community Alliance in opposition to the proposed power plan to be located in the northern part of the county that is now zoned as Northern Agriculture. This land is currently being farmed, will not perk and cannot be used for development. The group has concerns about water contamination of the power plant into the Octoraro Creek. The concerns focus on possible contamination, the possible use of treated effluent from area towns' waste water and how this treated water will be transported to the power plan site, and the reduced water flow into the Bay as a result of this project. There could also be the potential for reduction in tourism and water recreation if the tributaries are polluted or water flow is reduced. The waterways are also the location for shad spawning which is instrumental in the restoration of shad fishery.

Maria Mastrippolito spoke on behalf of the Rock Springs Community Alliance and addressed the possible increase in air pollution as a result of the potential power plan. Some of the serpentine rock located in the barrens has asbestos that could be released into the atmosphere during construction of the proposed power plant. The Fair Hill air shed is often exposed to unhealthy ozone levels since it is in-between the Baltimore and Philadelphia corridors and the plant could potentially be another source of ozone. Many power plants burn trash that releases dioxins, a well-known carcinogen, into the air. While Old Dominion has not stated they would burn trash, it is a potential business opportunity they could consider.

Ms. Donna Willard of Rock Springs reported on the possible critical habitat impact of the proposed power plant on the serpentine barrens. Serpentine, a type of rock, contains high metal concentrations often toxic to many plants. The unique ecosystem containing organisms found nowhere else in the world has developed on these sites. The proposed power plant location is directly adjacent to one of the serpentine barren sites. Fifty-percent of the barrens lands have been lost to development and many of the plants and animals dependent on serpentine barrens for survival could then be endangered. Included in the list of endangered species are moths that are naturally attracted to light. The security measures detailed for the proposed power plant would impact these organisms via light pollution.

Mr. Roland Willard shared a few points regarding the opposition to the proposed Old Dominion Power Plant. He pointed out the recent article in the Cecil Whig which discussed the air quality impacted by the continuing growth of power plants in the Virginia area. He also addressed concerns about the potential environmental impact on the development of the Lower Susquehanna Heritage Greenway Trail; impact on archaeological and historical artifacts, structures, and dwellings; and the zoning precedence of placing an industrial site on an area previously zoned Northern Agriculture.

Ms. Millie Ludwig addressed her concerns about the potential power plant and their impact on water and air sheds, the ozone, and toxic pollutants. She also spoke about the impact of heavy trucking that the power plant would bring and WILMAPCO's potential influence on the trucking traffic impact.

Ms. Katherine Salfner addressed the Board with her concerns on specific roads in the First District. Mr. Fred Orr responded that Wards Hill and Sassafras Roads are not on the overlay list but he will speak to the roads department supervisor to have them review the need for patching up these roads. Mr. Orr reminded the citizens that in this fiscal year, the focus was to repair the major roads and that it is anticipated that year 2001 will focus on repairs to subdivisions.

Kristina Szewdzyk asked for Board review and intervention to address the increased tractor trailer traffic and speeding for roads in the Warwick areas. These roads are used as "short-cuts" from Maryland to Delaware and the increase in volume and speed are of concern to citizens in this area.

Mr. Bill Antonio asked the Board to review their policies on open ditches which now hold and breed mosquitoes and the need for guard rails around these areas. Mr. Orr, DPW, responded that his department would tour the area and make recommendations to address the request for french drains and security guard rails.

Mr. Jim Monger spoke as a reminder to citizens that the road department of the county is financially limited on their ability to respond to the high demand for road repairs. He made a statement that the county would have to repair 73 miles of road per year to keep up with the eight (8) year life span of the roads. The fiscal impact of major road repairs at this level is cost prohibitive and he reminded citizens to remember the county is doing the best they can in the areas of road repairs.

- 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 accept the resignations of two part-time van drivers for the Department of Aging, James R. Heverin, effective July 23, 1999 and John Goff, effective July 30, 1999. These resignations are due to the discontinuation of transportation services by the Department of Aging for the SHARE program.

Upon recommendation by Ms. Anguish, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the following appointments:

(1) Maurice Peltier as a Welder Fabricator for the Roads Division at an annual salary of $24,772.80, Grade 6;

(2) Wilmer Sprout as a Maintenance Mechanic in the Water and Wastewater Division at an annual salary of $26,769.60, Grade 7;

(3) Walter M. Gallagher, Jr. as a part-time Security Guard through the Maintenance Department at an hourly rate of $8.52, Grade 3;

(4) Edward Frederick as an on-call Security Guard in the Maintenance Department at an hourly rate of $8.52, Grade 3; and

(5) Paul L. Callahan as a Maintenance Mechanic, Maintenance Department at an annual salary of $26,760.60, Grade 7.

Upon recommendation by Ms. Anguish, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the following promotions/transfers/reclassifications:

(1) Walter A. Morgan, IV, promoted from on-call to full time Paramedic at an annual salary of $26,760.60, Grade 7; and

(2) April L. Ward to Temporary Office Services Assistant in Central Garage effective July 12, 1999 at $8.52 per hour, Grade 3.

Upon recommendation by Ms. Anguish, motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the following miscellaneous items:

(1) Request for 3% increase for John H. Bedsworth, III, Mechanic at the Central Garage, bringing his annual salary to $28,118.57, Grade 7, in recognition of becoming ASE certified;

(2) Request to carryover 5.75 days of annual leave into FY2000, to be used in August, 1999, for Jane E. Meekins, Sergeant in Law Enforcement; and

(3) Resolution to amend the Policies and Procedures Manual, Article X, Holidays, identifying six major holidays for which employees who are required to work may elect pay in lieu of offset time. The Resolution is incorporated as a part of these minutes.

- BOARD APPOINTMENTS -

Commissioner Bolender stated that the proposed Board Appointments would be deferred until the special called Commissioners Meeting on July 27, 1999 at 10:00 a.m. The Board will also be voting on Wheatley Road bridge repairs, the Army Alliance membership, and a resolution to enforce weight limits in the Winding Brook area.

- PLANNING AND ZONING -

Mr. Eric Sennstrom, Director of the Planning, Zoning, Parks and Recreation Department reported to the Board of Commissioners that they had received two responses to the Request for Proposal to develop a residential development impacts cost retrieval program. Seven firms had been solicited. The office recommends that the Board of County Commissioners select Tischler and Associates, Inc. as the consultant to develop the program as the office believes Tischler will provide the best combination of technical competence and fee.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron and unanimously passed to award the contract to Tischler and Associates, Inc. for the development of a residential development impacts cost retrieval program.

- RESOLUTION - REVISION TO THE INVESTMENT POLICY -

Mr. George Newman, Director of Finance, presented a resolution to the Board of Commissioners to revise Section 175, Investment Code, of the Cecil County Code. The intent of the revision is to move the investment responsibilities from the Finance Department to the Treasurer's Department, per the recommendation from outside auditors.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron and unanimously carried to approve the resolution to modify the Investment Policy of the Cecil County Code, Section 175. A copy of the Resolution is incorporated as a part of these minutes.

- RESOLUTION - FISCAL STRATEGIC PLANNING TASKFORCE -

Mr. Paul Gilbert, Director of Economic Development, presented a resolution for the Board's approval to appoint a twenty (20) member taskforce to study the impact upon Cecil County of residential growth and to prepare a five year strategic fiscal plan. The group would review the current and past county budget to determine expenditure trends and patterns; make recommendations for government cost efficiencies; and review anticipated revenues and their source. Mr. Gilbert proposed Ms. Joyce Bowlsbey of W.L. Gore will be willing to serve as the chairperson. The group will also work in partnership and cooperation with the Cost Retrieval study to ensure both projects are aligned to provide the required information and recommendations to meet the challenge of planned growth for the county.

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the resolution to appoint a Fiscal Strategic Planning Taskforce. A copy of the resolution is incorporated as a part of these minutes. Commissioner Bolender thanked Ms. Bowlsbey for her willingness to provide leadership for this taskforce.

- COUNTY OFFICE BUILDING SECURITY PROCEDURES -

Mr. Earl Bradford provided an overview of the proposed plans for providing increased security within the county office building. The original intent was to provide security to the 911 areas but has been increased to include security for the entire public facility. The enhanced security procedures have occurred in two phases. Phase I focused on installing surveillance cameras, limiting public entrance to the building; and issuing security badges for those who use the building on a daily basis. Phase II of the project includes the hiring of adequate security personnel to greet, register and monitor persons entering the Main Entrance, a stationary electronic detection devise, and the issuance of visitor passes. Phase II should begin implementation on or about August 9, 1999.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the County Office Building Security Procedures.

- PUBLIC WKS. AGREEMENT - COMMUNITY FIRE CO. OF RISING SUN, INC.

Mr. Fred Orr, Acting Director of Public Works, presented an Inspection and Maintenance Agreement of Private Stormwater Management Facilities between this Board and Community Fire Company of Rising Sun, Inc. pertaining to property known as Tax Map 11; Parcel 435, Maryland Route 272 near Brick Meetinghouse Road.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Public Works Agreement.

- DEED - THOMAS J. RUFF -

Upon recommendation by Mr. Fred Orr, motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve a Deed between this Board and Thomas J. Ruff for right of way plat for 1,979 square feet located in the Sixth Election District and for a temporary construction easement.

- PAINTING BID FOR BRIDGE OVER NORTH EAST CREEK AT MECHANICS VALLEY ROAD -

Upon recommendation by Mr. Fred Orr, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the bid by Kilco Painting Company in the amount of $55,500 for the rehabilitation of Bridge No. CE 017, Mechanics Valley Road over North East Creek.

- BUDGET AMENDMENTS -

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and carried unanimously to approve the Budget Amendments as presented by Mr. George Newman. Copies of the Budget Amendments are incorporated as a part of these minutes.

Alfred C. Wein, Jr.
County Administrator

APPROVED:
Nelson K. Bolender, President