October 16, 2007

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The Board of County Commissioners for Cecil County met in regular session at the Rising Sun Town Hall, 1 East Main Street, Rising Sun, MD.  The following members of the Board were present:

William C. Manlove, President
Mark H. Guns, Vice President
Rebecca J. Demmler, Commissioner
Brian Lockhart, Commissioner
Wayne L. Tome, Sr., Commissioner

Constituting a majority Board.

The meeting of the Board of County Commissioners for Cecil County, October 16, 2007 was called to order by President Manlove at 7:00 p.m. and opened with the Pledge of Allegiance.

The Board adjourned into a closed session at its October 4, 2007 worksession.  Motion was made by Commissioner Lockhart, seconded by Vice President Guns and unanimously carried, pursuant to the Annotated Code of Maryland State Government 10-508 (a) (8).

The minutes from the October 2, 2007 meeting of the Board of County Commissioners; the October 2, 2007 meeting of the Board of Health and the October 2, 2007 Rezoning Hearing were unanimously approved.

President Manlove announced that the Board would be hearing a presentation from Diane Freyman concerning recreational activities in Rising Sun before proceeding with the remainder of the agenda.

Diane Freyman, resident of Rising Sun addressed the Board in reference to the lack of recreational activities for youth within the Rising Sun area.  A group of parents and youth appeared in support of a "skate park" in the Rising Sun area.  They offered to volunteer their time in both construction and supervision of the park. 

Clyde Van Dyke, Director of Parks & Recreation addressed the group and advised them of some of the new programs taking place at the community center.  He advised the group that a skate is not in any current plan through the Department of Parks & Recreation; however he would discuss the feasibility with the Board.

The following residents spoke in favor of a recreational facility within the Town of Rising Sun.

Bud McFadden                        Mike Miller                  Kyle Lawson

Amy Reeves                             Martha McElvoy          Teresa Gilbert

-COMMISSIONERS' COMMENTS-

Commissioner Tome - thanked the Town of Rising Sun for hosting the meeting.

Vice President Guns - commented about the significance of impact fees that would create funds for the county to use for recreational development.

Commissioner Demmler - thanked the Town of Rising Sun.

Commissioner Lockhart and President Manlove also thanked the Town

 - TREASURER'S REPORT -

Pamela Howard, Treasurer for Cecil County presented the Treasurer's Report for the period ending September 30, 2007.  A copy of this report is incorporated into these minutes.

- PUBLIC HEARING -  AMENDMENT TO THE CECIL COUNTY PERSONNEL POLICIES & PROCEDURES - SUBSTANCE ABUSE PREVENTION POLICY FOR FTA SAFETY SENSITIVE EMPLOYEES-

Donna Nichols, Director of Human Resources presented a required public hearing for an addendum to the Cecil County Personnel Policies & Procedures concerning the substance abuse prevention policy for FTA Safety Sensitive Employees to establish guidelines to maintain a drug and alcohol free work place in compliance with the "Drug Free Workplace Act of 1998" and the "Omnibus Transportation Employee Testing Act of 1991". 

This addendum will be presented to the Board for consideration at the November 6, 2007 meeting of the Board of County Commissioners.

- RESOLUTION - CHESAPEAKE BAY GIRL SCOUT COUNCIL -

Alfred C. Wein, Jr., County Administrator presented a resolution on behalf of the Chesapeake Bay Girl Scout Council for the Board to consider approval for the Council to apply to the Maryland Department of Housing and Community Development for the "Outdoor Education Program" at the Grove Point Facility in Earleville.

This resolution will be presented for consideration at the Board's meeting on November 6, 2007.

- APPOINTMENTS -

Motion to approve the appointment of Gerald Widdoes to the Public Safety Pension Plan Board was made by Commissioner Tome, seconded by Vice President Guns and unanimously carried to approve.

 -CECILTON ANNEXATION RESOLUTION, CONSENT OF ZONING CHANGE -

Eric Sennstrom, Director of Planning & Zoning presented the Cecilton Annexation Resolution that was tabled by the Board on September 4, 2007 for consideration.  Mr. Sennstrom advised the Board that a referendum had been filed and will be voted on within the Town of Cecilton at the next Town Election, which is scheduled for November 5, 2007.

Motion to table the proposed Cecilton Annexation Resolution, until such a time that a decision is made by the Town of Cecilton was made by Vice President Guns, seconded by President Manlove and unanimously carried.

-ROUTE 40 EAST SANITARY SUBDISTRICT , SANITARY SEWER PROJECT - PROPOSED BENEFIT ASSESSMENT -

Pursuant to public hearing held on October 2, 2007, Mr. Wein presented a resolution to the Board for the consideration of a Benefit Assessment for the Route 40 East Sanitary Subdistrict in the amount of $4,400.00 per equivalent unit, that shall be applied to all new or expanded sewer connections in the Route 40 East Sanitary Subdistrict through May 20, 2012, unless the Board terminates the Benefit Assessment before that date.

Motion to approve the Benefit Assessment was made by Vice President Guns, seconded by Commissioner Demmler and unanimously carried to approval.

-PURCHASE OF DEVELOPMENT RIGHTS EASEMENT OFFERS -

Eric Shertz, Office of Planning & Zoning presented the Board with FY 07 Cecil County Purchase of Development Rights Program Offers in the amount of $999,999.80 to the Balderston Family and Harvey McGrady.

Motion to approve the Purchase of Development Rights Easement Offers was made by Vice President Guns, seconded by President Manlove and carried to approval by a majority vote.

VOTE:

Manlove - Y,             Guns - Y,         Demmler - Y,        Lockhart - N,              Tome - Y

- DEPARTMENT OF PUBLIC WORKS -

David Hollenbaugh, Deputy Director of Public Works presented the following DPW items for consideration:

-ROAD BED DEED - KINGS WAY NINETY-FIVE, INC., WOODSIDE DRIVE - HARBOR VIEW -

Upon the recommendation of the Department of Public Works, motion was made by Commissioner Tome, seconded by President Manlove, and unanimously carried to accept the deed as recommended.  

-ROAD BED DEED - MASON RUNN HOMES, LLC, LEIGHTON GREEN COURT, MERLYN PARK, LOTS 12-18 -

Upon the recommendation of the Department of Public Works, motion was made by Commissioner Tome, seconded Vice President Guns and unanimously carried to accept the deed as recommended.

- BID NO. 08-13 - SOLID WASTE MANAGEMENT DIVISION TEXTILE RECYLING SERVICE -

Upon the recommendation of the Department of Public Works, motion was made by Vice President Guns, seconded by Commissioner Lockhart and unanimously carried to withdraw the bid, as a result of no responsive bidders.

- BID NO. 08-14 - ROAD DIVISION - ROAD SALT -

Upon the recommendation of the Department of Public Works, motion was made by Commissioner Guns, seconded by Commissioner Demmler and unanimously carried to award Bid No. 08-14 to Eastern Salt Company, Inc., in the amount of $451,600.

- BID NO. 08-15 - ROAD DIVISION - ASPHALT OVERLAY III -

Upon the recommendation of the Department of Public Works, motion was made by Commissioner Lockhart, seconded by Commissioner Tome and unanimously carried to award Bid No. 08-15 to Dix Hollow Contracting, Inc., for a total price of $144,917.50.

-EMERGENCY PROCUREMENT - MOTOROLA PAGERS -

Richard Brooks, Director, Department of Emergency Services presented a request for the emergency procurement of 180 Motorola Pagers for the distribution to fire & EMS personnel, as a result of the federal contracts expiration.  The new contract will be awarded to OSI International.

Upon the recommendation of Director Brooks, motion was made by Vice President Guns, seconded by Commissioner Tome to declare this award an emergency procurement and unanimously carried to approval.

-EMERGENCY PROCUREMENT - MOVING CONTRACT -

Stafford Torgesen, Facilities Maintenance Department presented RFQ 08-02, "Cecil County Administrative Office Move" and recommended that the bid be awarded to Wayne Moving & Storage of Pennsylvania in the amount of $41,675.00

Motion to award (RFQ 08-02) an emergency procurement to Wayne Moving & Storage was made by Commissioner Lockhart, seconded by Vice President Guns and unanimously carried to approve.

-BUDGET AMENDMENT NOS.  - 33 -36   

Motion was made by Commissioner Demmler, seconded by Commissioner Tome, and unanimously carried to approve Budget Amendments Nos. 33-36.  A copy of these budget amendments are attached hereto and made part of these minutes.

The next regular meeting of the Board of County Commissioners will be held on Tuesday, November 6, 007 at 7:00 p.m. at the County Administration Building, 107 North Street, Elkton, MD 21921.

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

Alfred C. Wein, Jr.
County Administrator

Approved:
William C. Manlove, President