The Board of County Commissioners for Cecil County met in regular session at the County Administrative Building, 107 North Street, Elkton, Maryland on Tuesday, August 10, 2004.  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 2:00 p.m. and opened with the Pledge of Allegiance.

The minutes from the June 29, 2004 Comprehensive Plan Public Hearing  were unanimously approved.

The minutes from the July 13, 2004 meeting of the Board of County Commissioners were unanimously approved.

The minutes from the July 13, 2004 rezoning hearing were unanimously approved.

The minutes from the July 13, 2004 Master Water & Sewer Public Hearing were unanimously approved.

- PUBLIC HEARING –  Department of Aging, Area Plan Approval –

Susan Twigg, Director of the Department of Aging presented the Board with an overview of the 2005 Aging Area Plan and requested the Board’s approval.

Motion was made by Vice President Kilby, seconded by Commissioner Hepbron and unanimously carried to approve the Department of Aging 2005 Area Plan. 

- PUBLIC HEARING  - PARKS & RECREATION – LAND PRESERVATION & RECREATION PLAN AMENDMENT 2004 & IMPROVEMENTS TO THE HELEN TITTER RECREATIONAL PARK - 

Edward W. Slicer, Jr., Manager, Parks & Recreation, appeared before the Board and requested approval for a reimbursable grant in the amount of $25,000. This grant will allow the Department of Parks and Recreation Plan to remain in compliance with the Program Open Space Law, by preparing a Local Land Preservation, Parks and Recreation Plan to be submitted to the Maryland Department of Planning.  The County received one grant for $25,000, however the low bid for the project was $37,495.  Because of this and in anticipation of other plan-related expenses the County is requesting an additional $25,000.

COMMENTS: None

Motion was made by Vice President Kilby, seconded by Commissioner Guns and unanimously carried to approve the amendment to the FY 2004 Land Preservation & Recreation Plan.

Mr. Slicer presented the Board with a request for grant funding for the Helen Titter Park in Chesapeake City in the amount of $7,270.75.  This project is working in conjunction with state funding through the Open Space Program, which will provide 75% of the total project or $21,811.50.  The town of Chesapeake City will reimburse the County for the remaining $7,270.50 or 25% of the total project cost.

COMMENTS SUPPORT/OPPOSITION:

Sandor Lipsic, commented relative to the bidding process of this project.

- COMMISSIONER’S COMMENTS –

Commissioner Guns – commented relating to the issues with stormwater management that the Department of Public Works is currently encountering as a result of the recent rainy season.  He advised that the Department is currently working through some of these issues.  Commissioner Guns also commented regarding to the Elkton Little League Girl’s Softball Tournament.

President Bolender – declined comment.

Vice President Kilby – declined comment.

Commissioner Hepbron – declined comment.

Commissioner Manlove – declined comment.

- TREASURER’S REPORT –

Pamela Howard, Treasurer for Cecil County presented to the Board the Treasurer’s Report for the period ending July 31, 2004.

- SCENIC–BY-WAY UPDATE, McCORMACK TAYLOR –

Alicia Norbert-Warner appeared before the Board on behalf of McCormack Taylor and the National Chesapeake Scenic Byway Alliance. The Alliance has recently acquired a National Status and as a result, federal grant money is now available for enhancements along the Byway.  One of the projects is the inclusion of gateway signage in the Byway Towns.  Three towns in Cecil County will qualify for the signs, Chesapeake City, Cecilton and Fredericktown. 

- PRESENTATION OF CERTIFICATE OF RECOGNITION TO WAYNE STAFFORD, CECIL COUNTY FAIR –

Commissioner Manlove presented Wayne Stafford with a Certificate of Recognition  on behalf of the County Commissioners, for his many years of service to the Cecil County Fair.  

- PRESENTATION OF CERTIFICATE OF RECOGNITION TO CARL WALBECK – PLANNING COMMISSION –

Vice President Kilby presented Carl Walbeck with a Certificate of Recognition on behalf of the Board of County Commissioners, for his years of service as a member and Chairman of the Planning Commission.

-  PUBLIC COMMENT –

Barbara Payne, 1721 W. Old Philadelphia Rd., Charlestown, MD  – commented relative to excavating permits obtained by Mason Dixon Sand & Gravel.  Mrs. Payne addressed several concerns that she has with the operation adjacent to her home and asked the Commissioners to look into the matter.

Alice Arbuckle, 42 Matthew Bathon Court, Elkton, MD – commented about the Planning Commission Appointments.

Sandor Lipsic, 1936 Old Elk Neck Road, Elkton, commented relating to the damage to his property and the stormwater management problems in his area.  He further commented about the Planning Commission Appointments.

Denise Burger, 1936 Old Elk Neck Road, Elkton, MD – spoke relating to the stormwater management in the area of Old Elk Neck Road.

Kathy Gerber, 1936 Old Elk Neck Road, Elkton, MD – commented relative to the condition of the roads in her area during the recent storms and the fact that EMS was unable to reach her area.

Jim Mullin, 1676 Glebe Road, Earleville, MD – commented relating to the responsibilities of public officials and the Planning Commission appointments.

Jim Monger, 21 Barnes Lane, Perryville, MD – spoke on behalf of his daughter who resides on Carpenter’s Point Road.  His comment was relative to the condition of this road and the current construction.

Owen Thorne, 20 Hillwood Road, Elkton – commented regarding timely notification to the public of agenda items to be heard at the Commissioner’s Meetings.  He also spoke relating to the Planning Commission Appointments.

Harley Williams, 166 Little Egypt Road, Elkton, MD – commented relating to the Planning Commission appointments.

- APPOINTMENTS – WATER & WASTEWATER INFRASTRUCTURE TASK FORCE –

President Bolender described the formation of the Water and Wastewater Infrastructure Task Force and read their Mission Statement.

Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to approve the following Appointments to the Water and Wastewater Infrastructure Task Force:

Joyce Bowlsbey, 73 Laurel Run Road, Elkton, MD

James Brady, 399 Blue Ball Road, Elkton, MD

Eugene Cochrane, Chairman, 569 Stoney Battery Rd., Earleville, MD

Nick Inglisa, 3 Deer Run Pkwy., Elkton, MD

Dan Schneckenberger, 1422 Two Rivers Road, Chesapeake City, MD 

Bryan Buckland, ATK Elkton, LLC, P.O. Box 241, Elkton, MD

Jack Goldstein P.O. Box 370, Rising Sun, MD 

James Houston, 47 Sandhurst Lane, Elkton, MD

Ralph Young, 9 Georgia Ave., Earleville, MD

Donald M. Jackson, 129 Bainbridge Rd., Perryville, MD

- APPOINTMENTS – PLANNING COMMISSION -

President Bolender announced the candidates for the Planning Commission as Josh Brown and Timothy Smith.

COMMENTS:

President Bolender spoke relating to comments made during Public Comment as to the ethical appointment of Josh Brown.  President Bolender made reference to the Ethics Panel and recommended that any inquiries should be forwarded to the Ethics Commission.

Vice President Kilby commented relative to the perceived and actual duties of the Planning Commission.  Additionally, she commented about the interview process and selection process of the candidates, specifically, of two qualified candidates, who were not recommended for the Planning Commission appointments.

Commissioner Guns – thanked all seven of the volunteers interviewed for the Planning Commission appointments.  He stated that the candidates chosen for the vacancies have a vast amount of experience on the Planning Commission.  He further stated that during this time, with the Comprehensive Plan under review, it is the duty of the Commissioners that the ordinances in place are followed.   

Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and carried by a majority vote to appoint Josh Brown and Timothy Smith to the Planning Commission for a three-year term to expire on August 3, 2007.

VOTE:

Bolender - Y              Hepbron – Y              Kilby – N

Manlove – N              Guns - Y

- PERSONNEL –

Barbara Imwold, of the Human Resources Department presented the following personnel actions to the Board for approval, in the absence of Ms. Nichols:

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

Kevin E. Nagy, DOH: 10/19/02, Paramedic, Emergency Services, $16.61/hour (grade 4P2) resignation effective 07/26/04

Kevin W. Ryan, DOH: 08/15/02, on-call HazMat Technician, resigned effective 06/23/04; no longer available for on-call

Todd M. Schultz, DOH: 05/19/04, Laborer, Facilities Management, $9.21/hour (grade 3), terminated effective 07/19/04

Gregory A. Shaw, DOH: 09/03/02, Equipment Operator II, Solid Waste Division, $12.12/hour (grade 5) quit 07/23/04

Donald Crawford, DOH: 08/22/01, Laborer, Solid Waste Division, $9.77/hour (grade 3), resignation effective 07/15/04

Paige N. Hamby, DOH: 06/08/04, Part-time Resident Assistant, Domestic Violence Shelter, Department of Social Services, $10.46/hour (grade 4), resignation effective 08/13/04

Marc Thomas, Temporary Seasonal Worker, Roads, rescinded employment offer

Thomas H. Herron Jr., DOH: 12/08/03, Operator Trainee, Water & Wastewater, $12.06/hour (grade 5) resignation effective 08/12/04

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

Terrance Schmoker, Equipment Operator I, Roads – Central Area, $10.46/hour (gr. 4)

Mary Murphy, Office Services Specialist/Case Work Associate, Housing Office, $14.50/hour (grade 5)

Adam Dodson, Paramedic, Emergency Services, $16.13/hour (grade 4P1)

Shawn Ayers, Laborer, Facilities Management, $9.21/hour (grade 3)

Paul A. Crimi, Equipment Operator I, Solid Waste Management, $10.46/hour (gr.4)

Laborer for Solid Waste Division, $9.21/hour (grade 3)

Shawn D. Anderson

Kimberly A. Flaharty

Motion was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried to approve the following promotions, transfers & reclassifications:

INCREASE effective 07/24/04 for William Funk, Permits & Inspections, from $14.91/hour to $15.36/hour for attaining certification as a residential building inspector

PROMOTE Thomas Johnston, Solid Waste Management, from Equipment Operator I at $10.78/hour (grade 4) to Equipment Operator II at $11.71/hour (grade 5) effective 08/07/04.

ACTING PAY for Samuel Craig, Roads Division, from $16.60/hour to $17.43/hour for performance in the Supervisory capacity for the Southern Area retroactive to June 12, 2004. 

OTHER APPOINTING AUTHORITIES PERSONNEL ACTIONS

RESIGNATIONS/TERMINATIONS

Erica A. Bare, DOH: 10/30/00, Deputy First Class – Corrections, Work Release, $15.88/hour (grade 3P4), resignation effective in two weeks.

Jason M.W. Shepherd, DOH: 06/28/04, Correctional Officer, Detention Center, $13.09/hour (grade 2P1) resignation effective 07/16/04.

Erynn E. Young, DOH:  06/05/00, Senior Accountant, Treasurer’s Office – Accounting, $41,556/year (grade 10), resignation effective 08/04/04

APPOINTMENTS

Stephanie Hamilton, Assistant State’s Attorney/District Court, $40,000, effective August 16, 2004.

Michael Halter, Assistant State’s Attorney/Circuit Court, $40,000 effective September 24, 2004.

Christina Dunn, Correctional Officer, Detention Center, $13.09/hour (grade 2P1) effective July 26, 2004

Bryan S. Bull, Correctional Officer, Detention Center, $13.09/hour (grade 2P1) effective August 9, 2004

Hire the following as Certified Deputy in Law Enforcement at $15.67/hour (grade 2L1) effective August 9, 2004

Jeremiah A. Kellett

Mark R. Messner

PROMOTIONS/TRANSFERS/RECLASSIFICATIONS

PROMOTE Jose A. Echevarria, Correctional Officer, Detention Center from $12.80/hour (grade 5P) to Deputy First Class – Corrections at $14.53/hour (grade 3PS1) effective July 1, 2004.

INCREASE Edward W. Hom, Correctional Officer, Detention Center from $13.48/hour (grade 2P2) to Correctional Officer/Culinary at $14.48/hour (same grade and step) for culinary differential of $1/hour.  Effective July 10, 2004

PROMOTE Lisa Hatfield from Assistant State’s Attorney/District Court at $55,511 to Assistant Prosecutor/Circuit Court at $70,000 effective August 23, 2004

PROMOTE Brenda Sexton from Assistant State’s Attorney/District Court (limited capacity) at $39,140 to Assistant State’s Attorney/District Court at $55,511 (replacing Hatfield) effective August 23, 2004.

INCREASE Lisa A. Saxton, Treasurer’s Office – Accounting, from $43,386 to $47,724.60 (grade 10) effective 08/09/04

RETURN Qualalalavette Chapman from Acting Sergeant – Corrections at $17.91/hour (grade 5P1) to Corporal – Corrections at $17.11/hour (grade 4P3) effective 07/24/04

- RESOLUTION – CECIL COUNTY ASSET POLICY –

Mr. Alfred C. Wein, Jr., County Administrator presented the Board for approval a Resolution granting the establishment of the Cecil County Asset Policy.  This policy will effectuate the accountability of equipment, infrastructure and other fixed assets in accordance with guidelines established by the Governmental Accounting Standards Board (GASB).  Where no rule is established by the GASB, the County shall follow guidelines established by the Financial Accounting Standards Board (FASB). 

Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried for approval to grant the establishment of a County Asset Policy. A copy of said Resolution is attached hereto and incorporated into these minutes.

- RESOLUTION – MEDAAF FEASIBILITY STUDY GRANT FOR $26,762.37 FROM DBED –

Mr. Paul Gilbert, Director, Economic Development and Tourism presented the Board for approval a Resolution granting SAIC the approval to make an assessment of existing infrastructure; quantify existing and forecast future demand; and prepare an IT equipment and facilities plan that could be implemented within 18-24 months for growth within Cecil County’s industrial development corridor and employment centers. 

Motion was made by Vice President Kilby, seconded by Commissioner Hepbron and unanimously carried to approve the application to MEDAFF for a Feasibility Study determine the necessary Technology Infrastructure to serve Cecil County’s Industrial and Employment Centers in the amount of $26,762.37.  A copy of the aforementioned Resolution is attached hereto and incorporated into these minutes. 

- RESOLUTION – CECIL COUNTY SANITARY DISTRICT BOND, SERIES 2004 –

Administrator Wein presented the Board for approval a Resolution granting the Cecil County Sanitary District Bond, Series 2004 authorizing the execution, issuance, sale and delivery by the County Commissioners of Cecil County of its general obligation installment bond in an aggregate principle amount not exceeding $8,000,000., to fund the acquisition, construction and equipment for the Meadowview Wastewater Treatment Plant. 

Motion was made by Vice President Kilby, seconded by Commissioner Hepbron and unanimously carried to approve the Resolution for the Cecil County Sanitary District Bond. A copy of the aforementioned Resolution is attached hereto and incorporated into these minutes.

- APPLICATION TO NAME A PRIVATE ROAD –

Eric Sennstrom, Director, Office of Planning, Zoning, Parks & Recreation presented to the Board for approval an application from Joe Rozenski, D.P. Homes LLC, to change the existing road Ali Abad Drive to Merry Knoll Lane. 

Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to approve the request to change a private road name.

- Bid No. 05-13 Cecil County Grass Mowing –

Upon recommendation of the Purchasing Agent, Mr. Wein, presented Bid No. 05-13 County Grass Mowing to Bruce’s Lawn Service.

Motion was made by Commissioner Hepbron, seconded by Vice President and unanimously carried to grant Bid No. 05-13 to Bruce’s Lawn Service.

ACCEPTANCE OF PUBLIC SAFETY RADIO SYSTEM PURCHASE CONTRACT – M/A-COM, INC., RFB# 05-05 –    

Frank Muller, Director, Department of Emergency Services presented to the Board for approval, a Purchase Contract Proposal Between Cecil County and M/A Com, Inc., for the VHF Trunked Radio Communication System.  The contract price for the build-out of the system, including the engineering and design of a VHF Public Safety System; as well as a Public Service System to replace the current multi-channel system is $8,506,000.  This proposal is contingent upon the County receiving the requested band of frequency channels from the FHA.

Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to enter into a Purchase Contract Agreement with M/A Com, Inc., for the purchase of the Public Safety Radio System.

- DEED OF PROPERTY – PRINCIPIO IRON COMPANY –

Mr. Matt Carter, Director of Public Works presented for approval a Deed dedicating property to the Principio Iron Company from the Board of County Commissioners.  The “swapping of property”, was as a result of improvements to Craigtown Road.  This deed will provide the necessary corrections to Deed NDS No. 400, folio 911, dated August 18, 1992. 

Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to execute the aforesaid Deed.

- RECOMMENDATION FOR REVISED SPEED LIMIT – BETHEL CEMETERY ROAD –

Upon the recommendation of Mr. Carter, motion was made by Vice President Kilby, seconded by Commissioner Guns and unanimously carried to reduce the speed limit on Bethel Cemetery Road from the posted 40 miles per hour to 30 miles per hour for the entire length of the road. 

- BUDGET AMENDMENTS – Nos.  3 – 10

Upon the recommendation of Administrator Wein, motion was made by Commissioner Hepbron, seconded by Vice President Kilby and unanimously carried to approve Budget Amendments Nos. 3 – 10.