The Board of County Commissioners for Cecil County met in regular session in the County Administrative Building, on Tuesday, August 16, 2005.  The following members of the Board were present:

Nelson K. Bolender, President
Harry A. Hepbron, Vice President
Phyllis Kilby, 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 July 6, 2005 meeting of the Board of County Commissioners for the purposes of a road construction district, in the matter of “Tower Point” were unanimously approved.

The minutes from the July 12, 2005 meeting of the Board of County Commissioners for the purposes of a rezoning hearing were unanimously approved.

The minutes from the July 19, 2005 Board of County Commissioners Regular Meeting and the Board of Health were unanimously approved.

-COMMISSIONERS’ COMMENTS-

Commissioner Guns – declined comment.

Commissioner Kilby – reported on the results of the 4-H Livestock Auction that took place on July 29, 2005 at the Cecil County Fairgrounds.  Commissioner Kilby also commented relative to the Senior Expo and Bainbridge Day.

President Bolender – commented about the Eagle Scout Ceremony he attended.

Vice President Hepbron – declined comment.

Commissioner Manlove – declined comment.

- TREASURER’S REPORT –

Pamela Howard, Treasurer presented the Board with the monthly Treasurer’s Report as of July 31, 2005.  Treasurer Howard also reported to the Board relative to the completed collection of the Globe Tec Loan.

-PUBLIC HEARINGS -

-RESOLUTION DESIGNATING SENIOR ENGINEER AS AGENT FOR DPW – ENFORCEMENT OF CECIL COUNTY ROAD CODE; STANDARD SPECIFICATIONS; CECIL COUNTY STANDARD SPECIFICATIONS AND DETAILS FOR WATER MAINTENANCE AND SEWER MANAGEMENT, RESOLUTION CHANGING THE DEPARTMENT OF PUBLIC WORKS ADMINISTRATIVE PROCEDURES DEALING WITH STORMWATER MANAGEMENT, PUBLIC WATER & SEWER ALLOCATIONS, TECHNICAL ADVISORY COMMITTEE ATTENDANCE, PLANNING COMMISSION ATTENDANCE AND TEXT AMENDMENT SUBDIVISION REGULATIONS – AMEND ARTICLE II, SECTION 2.0 (12); AMEND ARTICLE IV, SECTION 4.2.6; AMEND ARTICLE IV, SECTION 4.2.13(B)

Al Wein, County Administrator presented the Board for approval two resolutions specifically outlining the authority and duties of the Senior Engineer position within the Department of Public Works for the purposes of approval of properly filed requests for public water and sewer, permit applications, major site plans and subdivision plants. The resolution also outlines the Senior Engineer’s role in the Technical Advisory Committee and attendance and participation at Planning Commission Meetings.  The second resolution defines the Director of the Department of Public Works or his duly authorized agent in the administration of Stormwater management,  Cecil County Road Code and Standard Specifications and the Cecil County Standard Specifications and Details for Water Mains and Sewer Mains and Cecil County Road Code and Standard Specifications as they relate to new and proposed development within Cecil County.  Mr. Wein also presented an Amendment to the Cecil County Subdivision Regulations amending Article II, Section 2.0 (12); Article IV, Section 4.2.6 and Article IV, Section 4.2.13(b) to reflect the language in the Cecil County Code relative to the Senior Engineer.

COMMENT SUPPORT/OPPOSITION:

Ron Demmler, Childs, MD – commented relative to the authority of the Director of Public Works.

Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve the two (2) resolutions and one (1) text amendment as presented by Administrator Wein.

-MASTER WATER & SEWER PLAN – CHAPTER 4 – SEWERAGE       SYSTEMS – SECTION 4.1.9b PROPOSED IMPROVEMENTS:  THOMAS       AVENUE SEWER LINES –

Eric Sennstrom, Director of Planning, Zoning, Parks & Recreation presented the Board with an amendment to the Master Water & Sewer Plan relating to the improvements to the Thomas Avenue sewer line to resolve existing hydraulic performance problems.  The project consists of the replacement of the existing 8” gravity sewer with a 15” gravity sewer for approximately 811 linear feet, between manhole 119 and manhole 122.  The Planning Commission recommended approval of this amendment at their August 15, 2005 meeting. 

COMMENTS SUPPORT/OPPOSITION:

Matt Carter provided additional information for the Board relative to the affected manholes.

Motion was made by Commissioner Guns, seconded by Vice President Hepbron and unanimously carried to approve the amendment to the Master Water & Sewer Plan relative to the Thomas Avenue sewer project.

-SHARED FACILITIES ORDINANCE – AMENDMENT TO THE CECIL COUNTY ZONING ORDINANCE –

Director Sennstrom presented the Board with the corrections, additions and deletions requested by the Board at the June 30, 2005 Board of County Commissioners meeting relative to the proposed Shared Facilities Ordinance.  

COMMENTS SUPPORT/OPPOSITION:

Ron Demmler commented in opposition to the proposed Shared Facilities Ordinance.

Alice Arbuckle on behalf of Ed Cairns read a written statement in opposition to the proposed Shared Facilities Ordinance.

Alice Arbuckle spoke in opposition to the proposed Shared Facilities Ordinance.

Motion was made by Vice President, seconded by Commissioner Guns and unanimously carried to approve the proposed Zoning Ordinance Amendment to Article IX, Section 175 – Shared Facilities as presented by Director Sennstrom.

-PUBLIC COMMENT –

Richard Boyce, 11 Harvest Lane, Elkton, MD – commented in opposition to the proposed amendment to the Master Water & Sewer Plan concerning Aston Pointe.

John Williams 2 Woodbine Circle, Elkton – commented in opposition to the proposed amendment to the Master Water & Sewer Plan concerning Aston Pointe.

Alice Arbuckle, 42 Matthew Bathon Ct., Elkton – commented in opposition to the proposed amendment to the Master Water & Sewer Plan concerning Aston Pointe.

Ronald Rae, 4 St. Pat’s Circle, Elkton – commented relative to public criticism of board members and public scrutiny of the SPCA.

- APPOINTMENTS -

Motion was made by Commissioner Guns, seconded by Vice President Hepbron and unanimously carried to approve the following re-appointments to the Susquehanna Workforce for a three year term to expire on June 30, 2008:

John Denver, Delmarva Power

Raymond “Chick” Hamm, Jr., Mercantile County Bank     

Motion was made by Commissioner Manlove, seconded by Vice President Hepbron and unanimously carried to appoint the following reappointment to the Public Safety Pension Plan, Board of Trustees for a three year term to expire on June 30, 2008:    

Kenneth E. Buchmann

Motion was made by Commissioner Manlove, seconded by Vice President Hepbron and unanimously carried to appoint the following to the Drug & Alcohol Council, term to expire November 30. 2008: 

Douglas Sommers, Cecil County Health Department

-AWARD OF SHORE EROSION CONTROL PROJECT – WEST VIEW SHORES AND SETTING OF FINAL BENEFIT ASSESSMENT –

Administrator Wein presented the last phase of the West View Shoreline Erosion Revetment Project and recommended the award of bid to Kenster Shoreline, the low responsive bidder, in the amount of $142,800. Upon conclusion of the project a public hearing will be held to determine the benefit assessment.

Motion was made by Commissioner Kilby, seconded by Commissioner Manlove and unanimously carried to approve the award of the last phase of the West View Shoreline Revetment Project to Kenster Shoreline in the amount of $142,800.

-EASEMENT PRIORITIZATION FOR MALPF FISCAL YEAR 06 – EASEMENT APPLICATION CYCLE –

Eric Shertz, Office of Planning & Zoning appeared before the Board and presented Maryland Agricultural Land Preservation Foundation easement applications for potential easement sales.  The current districts, listed from highest to lowest pursuant to the easement ranking criteria that were approved by the Board in February, 2005 are as follows: (1) McLeer, Laureen, Map 42, Grid 24, parcel 5; 333.8 acres, zoned SAR and RCA; (2) Stoltzfus, Amos, Map 4, Grid 15, parcel 1; 52.81 acres, zoned NAR; (3) Mahoney, Joseph, Map 11, Grid 4, Parcel(s) 54 & 318; 134 acres, zoned NAR.

Motion was made by Commissioner Kilby, seconded by Commissioner Manlove and unanimously carried to approve the easement prioritization as presented by Mr. Shertz.

-CHESLAND LEASE MANAGEMENT AGREEMENT – CECIL COUNTY JUNIOR FOOTBALL –

Ed Slicer, Parks and Recreation appeared before the Board and presented a lease management agreement between the Board of County Commissioners and the Cecil County Junior Football League for the lease of three (3) football fields at the Chesland Park owned by the County.  Under this agreement the Cecil County Junior Football League may develop the football facilities in accordance with the Ryan Engineering Master Site Plan for Chesland Park in accordance with said agreement.

Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve the Lease Management Agreement between the Board of County Commissioners and the Cecil County Junior Football League.

-AMENDED CAPTIAL IMPROVEMENT PROGRAM –

Craig Whiteford, Budget Manager presented the Board with the Amended Capital Improvement Program as of August 16, 2005 which reflected several changes to the CIP, which was previously adopted by the Board on December 6, 2004 to include the following amendments:

Change in funding for the Cecil Community College land acquisition

West View Shores III Erosion Control Project

Land Acquisition for a pumping station on Mechanics Valley Road      

Motion was made by Commissioner Kilby, seconded by Vice President Hepbron and unanimously carried to approve the amended Capital Improvement Program as presented by Mr. Whiteford.

-SETTLEMENT AGREEMENT AND RELEASE –

Dwight Thomey presented a Formal Agreement & Release for an ongoing matter and recommended approval.

Motion to approve the Formal Agreement & Release as presented by Mr. Thomey, was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to approve.

-PUBLIC WORKS –

-RECOMMENDATION FOR AWARD – BID NO. 06-01 PAVEMENT OVERLAY CONTRACT II-

Upon the recommendation of Matt Carter, motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to award Bid No. 06-01 for 16 miles of pavement overlay to American Infrastructure, lowest, responsive bidder, in the amount of $2,677,205.97.

-PROPOSAL FOR SIGNAGE, STRIPING AND PARKING ON COURTNEY DRIVE –

Upon the recommendation of Matt Carter, motion was made by President Bolender, seconded by Commissioner Manlove and unanimously carried to approve the proposed Courtney Drive (County Maintained Portion) Signage/Striping Project to include two 12 feet wide travel lanes and one 8 feet parking lane and signage relating to truck/trailer parking and weight limitations as recommended by Director Carter.

-RESOLUTION – ESTABLISHMENT OF CONNECTION FEES FOR THE CARPENTERS POINT SANITARY SUBDISTRICT –

Matt Carter presented the Board with a resolution pursuant to the public hearings held on September 15, 1999 and April 26, 2000 concerning Carpenters Point Sanity District.  The resolution presented establishes a connection fee for each parcel containing an existing dwelling or other facilities that generate sanitary sewer; as of May 3, 2003 shall be $1200 per equivalent living unit, payable to the Treasurer of Cecil County in the amount of $30 per quarter for a period of ten (10) years, said payment shall be included with each property’s quarter sewer bill; and that all new improvements, dwelling, or structures constructed after May 5, 2003 shall pay the connection fee in effect at the time of the connection to the County’s sewage collection system.  The establishment of the separate Benefit Assessment for the retirement of non-grant project debt shall be deferred by the Board of County Commissioners until such time as the full project costs can be assembled.    

Motion was made by Commissioner Kilby, seconded by Vice President Hepbron and unanimously carried to approve the resolution concerning the connection fees for the Carpenters Point Sanitary District.

-BIDS AND AWARDS –

Upon the recommendation of the Purchasing Agent, motion was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to award Bid No. 06-13 XL 3100 Gradall to Elliot & Frantz, Inc., in the amount of $202,869.

Upon the recommendation of the Purchasing Agent, motion was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to award Bid No. 06-12 Rosco Tru-Pac 915 Pneumatic Roller to Modern Equipment, in the amount of $49,225.

Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Guns, seconded by Commissioner Manlove and unanimously carried to award Bid No. 06-17 Epoxy Traffic Striping to Traffic Lines, Inc., in the amount of $114,427.50.

Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Guns, seconded by Commissioner Manlove and unanimously carried to award Bid No. 06-20 Emulsion Storage Tanks to Chesapeake Supply and Equipment Company in the amount of $87,023.06.

-BUDGET AMENDMENTS NOS.14 - 26

Motion was made by Commissioner Kilby, seconded by Vice President Hepbron and unanimously carried to approve Budget Amendment Nos. 14 – 26.

The next regular meeting of the Board of County Commissioners will be held on Tuesday, September 6, 2005 at 7:00 p.m. in the County Administrative Building.

There being no further business of the County Commissioners, the meeting concluded.

Alfred C. Wein, Jr.
County Administrator

Approved:
Nelson K. Bolender, President