December 17, 2002

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The Board of County Commissioners of Cecil County met in regular session at the Board Room located at 107 North Street, Elkton, Maryland on Tuesday, December 17, 2002.  The following members of the Board were present:

Nelson K. Bolender, President
Phyllis Kilby, Commissioner
Harry A. Hepbron, Commissioner
William C. Manlove, Commissioner
Mark H. Guns, 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:

   - RESOLUTION – POLICIES & PROCEDURES FOR BOARD ACTION & MEETINGS -

The Board of County Commissioners presented a Resolution approving Board Action and Meetings.  President Bolender read the resolution regarding meeting dates and times; action item procedures; officers; duties and responsibilities of the Board and Administrator.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Policies & Procedures for Board Action & Meetings Resolution.  A copy is incorporated as part of these minutes.

-         NOMINATION OF OFFICERS -

President – Motion was made by Commissioner Guns to nominate Nelson Bolender, President of the Board of County Commissioners. No other nominations were made.  Nominations were closed.  Motion unanimously carried to approve Nelson K. Bolender, President.

Vice President – Motion was made by Commissioner Guns to nominate Phyllis Kilby, Vice-President of the Board of County Commissioners; Motion was made by President Bolender to nominate Harry Hepbron, Vice President of the Board of County Commissioners.  Motion to close nomination by Commissioner Manlove, seconded by Commissioner Hepbron, motion to close passed unanimously.

Phyllis Kilby elected Vice President.

Y:  Guns, Manlove, Kilby

N:  Bolender, Hepbron

-         MINUTES -

The minutes of November 25, 2002 were unanimously approved.

The minutes of the Board of Health of December 3, 2002 were unanimously approved.

The minutes of the Board of County Commissioners December 3, 2002 were unanimously approved.

-         EX-OFFICIO APPOINTMENTS -

Ex-Officio Appointments, and Committee representation are as follows:

Planning Commission - Commissioner Kilby

Cecil Partnerships for Children, Youth, & Families – Commissioner Kilby

Weed Control Committee – Commissioner Manlove

Department of Social Services – Commissioner Bolender

Commission on Aging – Commissioner Kilby

Upper Shore Mental Health – Commissioner Manlove

Parks & Recreation – Commissioner Hepbron

SPCA – Commissioner Hepbron

MD Rural Development – Commissioner Manlove

RC&D – Commissioner Manlove

Fireman’s Association – Commissioner Guns

Economic Development – Commissioner Guns

MD Association of Counties Legislative Committee – Commissioner Bolender Legislative Committee Alternative - Commissioner Hepbron

Community Adult Rehabilitation Center – Commissioner Guns

WILMAPCO – Commissioner Bolender

Bainbridge Development Committee – Commissioner Bolender

Local Government Insurance Trust – Member of Trustee, Commissioner Bolender

Elkton Alliance – Commissioner Bolender

Health Department/FIMR Board – Commissioner Kilby

Boys and Girls Club – Commissioner Bolender

Susquehanna Workforce Council – Board will consider making an appointment

Lower Susquehanna Heritage & Greenway – Commissioner Kilby

Motion was made by Commissioner Hepbron to re-appoint Mr. Al Wein as County Administrator, seconded by Commissioner Manlove, and unanimously carried to approve.

Motion was made by Commissioner Guns to re-appoint Dwight Thomey as County Attorney for the Board of County Commissioners, seconded by Commissioner Hepbron, and unanimously carried to approve.

The Board will be conducting interviews for attorneys for the Planning Commission, Board of Appeals and Liquor Board.

-  PUBLIC HEARING – RESOLUTION APPROVING ISSUANCE OF ECONOMIC DEVELOPMENT BONDS BY THE TOWN OF NORTH EAST FOR IMPROVEMENTS TO JACOB TOME INSTITUTE -

Appearing before the Board of County Commissioners on behalf of the Jacob Tome

Institute and County Bank: Mr. Steve Wintter; Mr. Chick Hamm; Thomas L. Kemp, Esquire and Dr. Darcy Williams requesting the approval of the issuance and sale by the Mayor and Commissioners of the Town of North East, pursuant to the Maryland Economic Development Bond Act, of one or more series of its Economic Development Revenue Bonds in an aggregate principal amount not to exceed $3,500,00 for the purpose of financing the acquisition, construction and equipping by the Jacob Tome Institute trading as the Tome School.  This project involves an addition of approximately 40,530 square feet (containing classrooms, library, science labs, cafeteria, bathrooms and hallways) to be located at 581 South Maryland Avenue, North East, Maryland.

Motion was made by Vice President Kilby, seconded by Commissioner Guns and unanimously carried to approve the Resolution.  A copy is incorporated as a part of these minutes.

-    HISTORIC DESIGNATION – WHERRY, JORDAN, LOGAN, SCHWER HOUSE, 159 LITTLE ELK CREEK ROAD, ELKTON, MD -

Eric Sennstrom, Director Planning & Zoning presented an application for Historic Registration for the Wherry, Jordan, Logan, Schwer House.  This application went before the Historic District Commission on December 3, 2002 and the Planning Commission on December 16, 2002. Both Boards recommended approval. 

-         COMMENTS IN SUPPORT –

Mrs. Logan appeared before the Board to be in favor of the Historic Registration.

  -  COMMENTS IN OPPOSITION – None

Motion was made by Vice President Kilby, seconded by Commissioner Manlove and unanimously carried to approve the Registration of Historic Designation.

-         INFORMATION ITEMS -

Commissioner Guns - stated that he is looking forward to working with this

Board and is very pleased with the number of citizens in attendance. He also stressed that he will do the very best job that he can as a member of the Board.     

Commissioner Kilby - reported that she was at the annual lighting of the Holly Tree and commended the members of the Holly Tree Committee for a job well done.

Commissioner Kilby announced the Cecil Leadership Application deadline is February 24, 2002 and encouraged participation in this program.

President Bolender - reported on the luncheon that he and the other Commissioners attended with Lt. Governor Steele and conversations regarding the deficit situation the State of Maryland is facing.

Commissioner Hepbron - stated that he was also looking forward to working with the current board.  He feels that the county will be facing some hard financial times in the future and that the Board needs to work with the money allocated. He further stated that he is particularly concerned about the counties roads, bridges and some water issues with the various towns that need to be dealt with.

Commissioner Manlove - stated, “It’s good to be back!” He assured citizens that his door is always open.

-         TREASURER’S REPORT -

Pamela Howard, Treasurer for Cecil County, presented the Treasurer’s report as of November 30, 2002.  A copy of the report is incorporated as part of these minutes.

  -     COMPREHENSIVE PLAN REVIEW -

Eric Sennstrom, Director of Planning & Zoning Commission presented the Staff Review of the Comprehensive Plan.  In summarizing the staff review Mr. Sennstrom reported that the Commission recommends that the County should consider amendments to the Zoning Ordinance to more effectively carry out the goals and objectives of the Plan.  Items such as listing the specific elements that constitute rural character should be added, language concerning shared facilities to add flexibility and encourage clustering should be added, a carefully written adequate public facilities ordinance should be added, a transfer of development rights ordinance should be added, and the County should examine all the outstanding implementation items and enact those that will enhance the effectiveness of the Plan.  Additionally, it is recommended that the County’s Subdivision Regulations be re-written to complement the Zoning Ordinance and to assist in the implementation of the Comprehensive Plan’s goal and objectives.

  -     PUBLIC COMMENT -

Rebecca Demmler, offered congratulations to the Board.  She explained that one comment had already been answered, the misprint of the Commissioner’s Meeting in the Cecil Whig.  In addition, she encouraged the Commissioner’s to follow through with their plans.

Vance Fields, spoke with regard to a complaint that he had forwarded to the Department of Public Works on December 3, 2002, concerning Montgomery Oaks and the current construction in that subdivision.  His concerns are for the construction equipment leaving mud and sediment on the Roads. This sediment is entering storm water management systems. Concrete trucks are washing out directly onto county roads and it is entering the storm water system.    There are a number of silt fences down in many places.  Mr. Fields stated that this problem has been ongoing for approximately two months.  

Mr. Fields stated that he received a response from Tracy Thomas, DPW Inspector on December 11, 2002.  The developers were notified of violations and advised that silt fences were to be repaired and roadways to be cleaned by December 16, 2002.  If these violations were not complied with, stop work orders would be issued for each lot. 

Mr. Fields is concerned because the violations have been ongoing for two months and the developer has not been cited by Department of Public Works.   

To date, no corrective action has been taken and no stop work orders have been issued. 

President Bolender asked Mr. Carter to respond when he has an answer.

Roland Wills introduced photographs of cement trucks washing their trucks off into a drain in front of his house.  He is concerned with continuing code violations in the Montgomery Oaks Subdivision.  He is also concerned with the collapsing of the road from heavy equipment in this area.  Mr. Wills presented this information to Commissioner Guns as he now represents this district.

Ronald Rae, questioned an item in the Cecil Whig regarding a sale of property in Indian Acres.  He questioned Mr. Thomey, County Attorney as to the Sheriff’s Department purchasing property in this private, gated community.

Mr. Thomey explained to Mr. Rae, that this was more than likely a “Sheriff Sale,” that the Sheriff’s Office oversees. 

Mr. Vaughan Ellerton, extended his congratulations to the Board, he also commended the Board on two actions that have already been taken, the CIP and Action Items being delayed.  He also stressed the importance of having the public involved in the Comprehensive Plan. 

President Bolender advised Mr. Ellerton that the Preliminary Report presented by Mr. Sennstrom was only that, preliminary.  There has been one public hearing and another is scheduled for January. 

Louis DeAngelis is concerned regarding enforcement by Department of Public Works and requesting the County Commissioners to make sure the Department Heads are doing their jobs. 

Douglas Johnson commented as to the review of the Planning Commission.  He is concerned about the future availability of affordable housing in Cecil County.  He also  commented regarding the effective job that county departments are doing . 

Patrick Ulrich, on behalf of the Board of Realtors, wished the Board congratulations.  He also offered the services of the Cecil County Board of Realtors for any future services the Board may require.

-         PERSONNEL ITEMS -

Upon recommendation by Ms. Nichols, motion was made by Commissioner Manlove, seconded by Commissioner Hepbron, and unanimously carried to approve the following resignations/terminations:

Donna Tenney,  Department of Aging

Helga I. Davis, Department of Permits & Inspections, Retirement effective 1/1/03

Charles W. Gardner,  on-call Hazardous Material Technician

Janice K. Haley, Department of Social Services

Tricia L. Preston, Planning & Zoning Office

Marilyn J. Homan, Department of Aging

Upon recommendation by Ms. Nichols, motion was made by Vice President Kilby, seconded by Commissioner Manlove, and unanimously carried to approve the following appointments:

Jules A. Boulais, Dispatcher I, Department of Emergency Services, $10.46/hour (Grade 4P)

Gregory M. Reardon, Paramedic, Department of Emergency Services, $15.76/hour (Grade 7P) 

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

Norman J. Bannon IV, from Equipment Operator Trainee at $9.87/hour (Grade 3) to Equipment Operator I at $10.46/hour (Grade 4).

Sheryl A. Stevens, from Accounting, Junior Accountant to Department of Aging as Program Worker, (Grade 5) rate to remain the same.

Upon recommendation by Ms. Nichols, motion was made by Commissioner Hepbron, seconded by Commissioner Guns, to approve the 2003 Holiday Schedule.

-         GROWTH ALLOCATION, TOWN OF PERRYVILLE, RIVER VIEW CAMPROUND PROPERTY-

Upon recommendation of Eric Sennstrom, Director Planning & Zoning, motion was made by Commissioner Kilby, seconded by Commissioner Manlove, to reclassify 15.96 acres of Limited Development Area to Intensely Developed Area within the Town of Perryville.

-         RESOLUTION - CERTIFICATION OF IKEA’S ELIGIBILITY FOR ENTERPRISE ZONE TAX CREDITS

Upon recommendation of Paul Gilbert, Director of Economic Development &

Tourism, Motion was made by Commissioner Kilby, seconded by Commissioner Guns, and unanimously carried to approve the resolution for a Real Property Tax Credit for Property #78-019149, a copy of this resolution has been incorporated as part of these minutes.

-    ACCEPT $600,000. MEDAAF GRANT FOR FUNDING A PORTION OF THE PERRYVILLE INDUSTRIAL ACCESS ROAD FROM U.S. RT. 40 TO MD 7.

Upon recommendation of Mr. Paul Gilbert, Motion was made by Vice President Kilby, seconded by Commissioner Guns, and unanimously carried to approve the resolution acknowledging the submission of the grant application and hereby agrees to accept the $600.000 in MEDAAF grant funds from DBED, subject to the terms and conditions agreed to by the parties and set forth in the Grant Agreement and other documents as may be necessary to complete the transaction.  A copy of the resolution is incorporated and made part of these minutes.

-         AWARD OF CONTRACT: BID 03-22, PRESCRIPTION MEDICATION, SHERIFF’S OFFICE –

Upon recommendation of County Administrator Wein, motion was made by Commissioner Manlove, seconded by Commissioner Hepbron, and unanimously carried to approve the award of contract to Citizen Pharmacy Services.

-  EASEMENT & DEED BETWEEN TRI-FINANCIAL, LLC. & THE BOARD OF      COUNTY COMMISSIONERS  -

Upon recommendation of Matt Carter, Director, Public Works, motion was made by Commissioner Hepbron, seconded by Commissioner Guns, and unanimously carried to approve the Easement & Deed between Tri-Financial, L.L.C. and the Board of County Commissioners to provide and maintain sewer treatment services to North East Isles Associates.

-         BUDGET AMENDMENTS – 69 – 74

Motion was made by Commissioner Hepbron, seconded by Commissioner Manlove, and unanimously carried to approve Budget Amendment Nos. 69 – 74. Copies are incorporated as part of these minutes.

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