March 5, 2002

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The Board of County Commissioners of Cecil County met in regular session in their office at 107 North Street, Elkton, Maryland, on Tuesday, March 5, 2002.  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 – FEB. 19, 2002 –

The minutes of February 19, 2002, were approved as written.

-         PRESENTATION – PETTINARO ENTERPRISES –

Ms. Ella Staton, of the Fletchwood Civic Association, presented a plaque to Mr. Greg Pettinaro, of Pettinaro Enterprises, for helping their community become a Hope community.

President Bolender also presented a community hero award to Mr. Pettinaro for support of the Fletchwood Association in being designated as a Hope community. 

-         COMMISSIONERS’ COMMENTS –

Commissioner Kilby stated she has ag tags on her car and that the majority of them in the State are in Baltimore, Prince George’s, Montgomery, and Anne Arundel Counties.

She advised that on Saturday there will be an educational meeting at Cecil Community College sponsored by Partnership of Cecil County.

Commissioner Kilby reported that on March 12 a workshop will be held at the new Work Force Center on Route 40 dealing with the work force in the County and solving labor needs of local businesses.

She advised that she invited Joe Tassone, of the Maryland Department of Planning, to the last meeting of the Planning Commission to discuss the Ag Preservation  Program in the County.

Commissioner Kilby stated she visited the Bainbridge Elementary School to read to the students. 

Commissioner Hepbron stated he attended the Chamber of Commerce card exchange, a School of Technology meeting, a budget meeting with Dr. Roberts, a ribbon cutting at Area Electric, and an open house at Peoples Bank.

President Bolender stated he attended the Cecil Leadership Training Program at Cecil Community College. 

He stated he serves on the Board of Directors of the Boys and Girls Club and was a judge to select the student of the year.

President Bolender attended a public hearing in Cecilton regarding the Mill Pond Bridge. 

He attended a ribbon cutting at the Baynet Bank.

-         PRESENTATION – BOY SCOUTS –

The Board presented Certificates of Achievement to Boy Scouts for earning the rank of First Class.

-         PROCLAMATION – AMERICAN RED CROSS MONTH –

The Board presented a Proclamation to Mr. John Boyd, of the American Red Cross, proclaiming the month of May as American Red Cross Month.

-         PRESENTATION – PROJECT IMPACT –

Ms. Rachel Brannon, Project Impact Coordinator, gave a presentation on Project Impact.  She stated the County was nominated a Project Impact community in May, 2001, by FEMA.  Ms. Brannon introduced the members of the Steering Committee and stated their goal is to develop a program of disaster resistance education and action in the County.  They are taking action now to reduce the effects and be prepared for floods, fires, etc.  Ms. Brannon advised that this is a community initiative and a volunteer effort.

One of the first steps is the risk assessment.  Any future funding from the hazard mitigation flood program will require the County to have a hazard mitigation plan.  The Risk Assessment Committee will begin with a hazard analysis study.  The hazard mitigation plan will have proposed projects and actions for the future.  The Mitigation Projects Committee will discuss upgrading to an emergency power system at one of the shelters in the County.

Ms. Brannon advised that a dry hydrant project has been coordinated through the Department of Natural Resources in partnership with the Cecil County Firemen’s Association and Project Impact.  The project is set to begin in April with the goal to have 40 dry hydrant sites established throughout the County by July.

The Steering Committee will sponsor the installation of a draft tank as a demonstration project in a suitable community in the County.  The purpose of a draft tank is to provide water during a fire emergency to areas where there are no fire hydrants systems.  They have partnered with the Rising Sun Fire Company, and there will be a community meeting held in March for the West Branch Fair Field Development to educate and build interest in the project. 

Ms. Brannon stated another project is the Student Service Learning Program.  They have partnered with the Board of Education relative to projects for students working towards their community service graduation requirements.  The drama and video clubs will be utilized to create disaster preparedness skits and including students on the stream debris removal project.  Ms. Brannon stated they have also partnered with the Vo-Tech house building program relative to disaster resistant housing.  An objective is to have a Student Hazard Mitigation Team in each school.

-         PUBLIC COMMENT –

Mr. Roland Wills suggested that the North East Water Service Agreement be tabled until the next meeting.

Mrs. Rebecca Demmler asked about the low groundwater relating to permits for housing developments and was advised that this is controlled by MDE.

She advised of a traffic accident at Blue Ball and Leeds Roads and asked if anything is planned for that intersection.

Mrs. Demmler feels the North East Water Service Agreement should not be presented and voted on the same night.  Time should be allowed for public comment.

Mr. Joe Carabetta inquired about the location of  the dry hydrants, and Ms. Brannon stated he could contact her for the information.

He also commented on the Water Service Agreement stating items should be introduced at one meeting and acted on at the next.

Mr. Carabetta commented on the issue of the rabid skunk and feels a committee should be formed to address exact policy.

-         APPOINTMENT – PROJECT IMPACT STEERING COMMITTEE

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to appoint Chief Daniel Mahan, Elkton Police Dept., 100 Railroad Ave., Elkton, Maryland 21921 as a member of the Project Impact Steering Committee replacing Eleanor Balsley.

-         APPOINTMENT – HISTORIC DISTRICT COMMISSION –

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to appoint Mike Dixon, c/o Historical Society, 135 East Main Street, Maryland 21921 as a member of the Historic District Commission for a three-year term, said term expiring March 1, 2005.

-         PERSONNEL ITEMS –

Ms. Donna Nichols, Director of Human Resources, presented the personnel items.  Upon recommendation by Ms. Nichols, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to accept the following resignations:

Robert L. Burlin, Jr., Bridge Crew Leader, Roads Division, effective February 28, 2002;

Leonard N. Miller, Equipment Operator Trainee, Roads Division, terminated effective February 15, 2002;

Rodney D. Hamm, Operator Trainee, Water & Wastewater, effective February 26, 2002.

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

Kathleen Logan, Temporary Office Services Assistant, Department of Aging, $9.39 (Grade 3) in addition to regular, part-time position;

Joyce A. VanZile, Temporary position in the Medicaid Waiver Program, Department of Aging, $14.06 (Grade 7) in addition to her regular part-time position as Long-Term Care Specialist.

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

Increase David E. Pyle by 3% for obtaining certification as a Certified Professional Public Buyer.  Salary increase from $40,291.82 to $41,500.57 (Grade 10);

Promote the following employees from EMS Medic to EMS Paramedic at a salary of $32,454 ($15.60), Grade 7P:  Brian Carney and Michael Lambert;

Increase Debbie S. Wilcher’s salary from $28,147.74 (Grade 6) to acting pay of $29,555.12 (Grade 7) for assuming duties of the Administrative/Budget Assistant in the Department of Aging effective January 29, 2002 (10 days after beginning in the position – 1/14/02.)

-         WATER SERVICE AGREEMENT & MEMORANDUM OF UNDERSTANDING –

President Bolender advised that the Water Service Agreement is the end result of many discussions between the County, Town of Perryville, and North East relating to water service boundaries within the Comprehensive Plan’s growth area.  The Agreement also moves the County a step further toward finalizing the Urban Growth Boundary Plan and revision to the Ten-Year Water and Sewer Plan.

Specifically, the execution of this Agreement supercedes three previous water service agreements between the Town of North East and the County.

Besides delineating water service boundaries, the Agreement provides for the County’s conveyance of the Bay View water storage tank, water mains, and distribution system to the Town. 

Concurrent with the execution of this Agreement, the Town of North East joins other municipalities of the County by signing a Memorandum of Understanding which provides for their participation on a Water/Sewer Infrastructure Implementation Council.  The mission of this Council will be to participate in planning efforts that would improve and/or effectuate water/wastewater services to the areas defined in the Urban Growth Boundary Plan and County Comprehensive Plan.

Progress has been made in the County’s planning efforts, and this continued dialogue between existing water and wastewater providers is especially important considering the drought situation that the State and County is currently facing.

This effort will coincide with the County’s current plans to make substantial capital enhancements to existing wastewater facilities.  (For example: improvements to the Meadowview, Seneca Point and Cherry Hill Wastewater Treatment Plants and also collection and distribution improvements in the Route 40 and I-95 areas of North East.)  These improvements are a necessity in order to accommodate new growth within the Comprehensive Plan’s designated growth areas.

Commissioner Kilby stated she has no problem with the request to table the approval of the Agreement. 

Commissioner Hepbron stated he has no problem with the Agreement.  He stated the Board has had many meetings with the towns, and it is compatible with the Comprehensive Plan.

Mr. Al Wein, County Administrator, states the County Code provides the Board with the ability to approve the extension of water service outside of town limits.  This Agreement allows North East to provide water service outside of town.  Also, there is no statutory requirement for a public hearing.

Motion was made by Commissioner Kilby to table until the next meeting.  The motion died for lack of a second.

Motion was made by Commissioner Hepbron, seconded by President Bolender, and unanimously carried to approve the Water Service Agreement and Memorandum of Understanding. 

A copy is incorporated as a part of these minutes.

Mr. Robert McKnight, Mayor of North East, stated 12 years of hard work have been put into this Agreement.

-         REFINEMENT OF PRIORITY FUNDING –

Mr. Eric Sennstrom, Director of Planning and Zoning, requested refinement  to the priority funding area map that was previously certified.  He explained that the Board certifies priority areas to be sent to the State so that projects that need State assistance will be eligible. 

Mr. Sennstrom stated the priority funding area meets the “Smart Growth” criteria codified at Section 5-7B-03 of the Finance and Procurement Article of the Annotated Code of Maryland and is consistent with the Comprehensive Plan.

The Area Other Than Existing Community identified on the PFA map qualifies as a priority funding area because it is in a growth area designated by the Comprehensive Plan, has an average permitted density of 3.5 units per acre, is planned to be served in the approved Ten-Year Water and Sewer Plan, and represents a long-term policy for orderly growth and an efficient use of land and public services.

Mr. Sennstrom stated the property is located South of Route 40 West of North East Station.  He recommended that the refinement be approved.

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

-         ADDENDUM TO PUBLIC WKS. AGREEMENT – BEACON POINT –

Mr. Al Wein, County Administrator, presented an Addendum to Public Works Agreement between Beacon Point Property, L.L.C. and this Board.  He stated this Agreement amends a Public Works Agreement dated October 19, 1999, to require certain improvements to be made to St. Mark’s Church Road by Beacon Point Property, L.L.C. prior to issuance of the 60th subsequent building permit since date of execution of the Public Works Agreement in 1999 or the improvements shall be completed prior to August 1, 2002, whichever occurs first.

The original Agreement required that the improvements be completed prior to issuance of the 40th building permit.

The required improvements include widening of a portion of St. Mark’s Church Road and improvements to the intersection of St. Mark’s Church Road and Maryland Route 222, which will accommodate full signalization of the intersection.

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

-         RESOLUTION – WEST NOTTINGHAM ACADEMY –

Mr. Raymond Hamm, Jr., of County Banking and Trust Company, and Mr. Stephen Winter, of Miles and Stockbridge, presented a Resolution.  In 1997 the County approved an economic development revenue bond for West Nottingham Academy.  The bond was bought by County Bank and is due in 2019.  The purpose of this Resolution is to lower the interest rate on the bond.

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

-         PROPOSED ADMINISTRATIVE PLAN CHANGES – HOUSING & COMM. DEV. –

Mr. David Mahaney, Director of Housing and Community Development, presented the following proposed Administrative Plan changes:

SPECIAL PURPOSE FUNDING:

4.   Families who have been issued a voucher as a result of referral through special purpose funding collaborations and are later terminated from the program will not be accepted for re-referral through any special funding collaborations.  The family may re-apply for assistance provided they were not terminated for fraud.  Their name will then be placed on the waiting list.

5.   Families who have been terminated from the Section 8 Housing Choice Voucher or Mod Rehab. Programs will not be accepted for referral through any special purpose funding collaborations. 

The family may re-apply for assistance provided they were not terminated for fraud.  Their name will then be placed on the waiting list.

HOUSING QUALITY INSPECTIONS

4) On all initial inspections that do not meet housing quality inspections, the owner will be allowed two weeks to make repairs and have the unit reinspected for compliance.  The following exceptions will be allowed: units granted exterior renovation extensions and units for which parts/supplies have been ordered – proof of purchase order must be forwarded to the Housing Office to obtain an extension.

RESIDENT ADVISORY BOARD (RAB)

The RAB shall consist of the active members of the Family Self Sufficiency (FSS) Program.  Their individual terms shall run concurrent to their FSS participation.

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the proposed Administrative Plan changes.

-         GRANT OF EASEMENT – LAMBDIN DEV. –

Mr. Matt Carter, Director of Public Works, presented a Grant of Easement between Lambdin Development, LLC. and this Board pertaining to Iron Oak Court in Whitaker Woods, Phase VI.

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the Grant of Easement.

-         BUDGET AMENDMENT NOS. 110-115 –

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve Budget Amendment Nos. 110-115.

Copies of the Budget Amendments are incorporated as a part of these minutes.

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