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November 17, 2009

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MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

November 17, 2009

The Board of County Commissioners for Cecil County met in regular session at the Perryville Town Hall, 515 Broad Street, Perryville, MD. The following members of the Board were present:

  • Brian L. Lockhart, President
  • Rebecca J. Demmler, Vice President
  • Wayne L. Tome, Commissioner
  • Robert J. Hodge, Commissioner
  • James T. Mullin, Commissioner

Constituting a full Board.

The Board adjourned into a Closed Session at its work session on November 10, 2009 at 10:30 A.M., motion was made by Commissioner Mullin, seconded by Commissioner Hodge and unanimously carried pursuant to MD Annotated Code – State Government 10-508 (a) (1) personnel matters (3) consider the acquisition of real property for a public purpose and matters directly related thereto; (7) consult with counsel to obtain legal advice. Present: Commissioners Lockhart, Demmler, Hodge and Mullin; H. Norman Wilson, Counsel; Administrator Wein; Director Flanigan, Department of Public Works; Director Thompson, Economic Development; Director Eric Sennstrom, Planning & Zoning. Topics of Discussion: Natural Gas Franchise Agreement; FOP Collective Bargaining Discussion; Local Development Council; Indian Acres Update; Economic Development Commission; Requests to fill; Pettinaro Legal; North East Public Service Commission. Meeting adjourned at 11:50 A.M.

The Board adjourned into a Closed Session at its work session on November 17, 2009 at 10:30 A.M., motion was made by Commissioner Mullin, seconded by Commissioner Demmler and unanimously carried pursuant to MD Annotated Code – State Government 10-508 (a) (7) consult with counsel to obtain legal advice; (14) before a contract is awarded or bids are opened, discuss a matter directly related to a negotiating strategy or the contents of a bid proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process. Present: Commissioners Lockhart, Demmler, Tome, Hodge and Mullin; County Administrator Alfred Wein; Director Eric Sennstrom, Planning & Zoning; Director Thompson, Economic Development; and Vicky Rinkerman. Topics of Discussion: Port Deposit Wastewater agreement; Indian Acres; Advertising requirements. Meeting adjourned at 11:20 A.M.

The meeting of the Board of County Commissioners for Cecil County, November 17, 2009 was called to order by Commissioner Lockhart at 7:00 p.m. and opened with the Pledge of Allegiance.

The following minutes were unanimously approved by the Board:

  • September 15, 2009 Worksession Minutes
  • September 15, 2009 Closed Worksession Minutes
  • October 20, 2009 Worksession Minutes
  • October 20, 2009 Closed Worksession Minutes
  • October 27, 2009 Rezoning Minutes
  • October 27, 2009 Board Meeting Minutes
  • November 3, 2009 Board of Health Minutes
  • November 3, 2009 Board Meeting Minutes
  • November 10, 2009 Worksession Minutes
  • November 10, 2009 Closed Session Minutes

-COMMISSIONERS' COMMENTS-

Commissioner Mullin – Attended the Upper Bay Rotarian Dinner last week and congratulated the Bohemia Manor Field Hockey team for making it to the State Championship.

Commissioner Demmler – Welcomed everyone to the Town of Perryville and thanked the Town for hosting the meeting.

Commissioner Hodge – Welcomed everyone to Perryville and encouraged citizens new in attendance to attend the regular meetings in Elkton as well.

Commissioner Tome – Welcomed everyone to Perryville.

- TREASURER'S REPORT –

Pamela Howard, Cecil County Treasurer presented the monthly cash report for the period ending October 31, 2009. A copy of the report is attached hereto and incorporated into these minutes.

- PUBLIC HEARINGS –

- CECIL COUNTY WASTEWATER USER RATE SCHEDULE –

Scott Flanigan, Director of Public Works conducted a public hearing proposing an increase to the Cecil County Wastewater User Rate Schedule from the current rate of $6.11 per 1000 units per quarter for metered units to $7.03; and from $91.65 to $105.45 for non-metered per quarter. This increase reflects an approximate 15% increase and will take effect on January 1, 2010 if approved by the Board. This increase is required to assist in funding capital infrastructure projects.

A resolution will be presented to the Board of County Commissioners at the December 1, 2009 meeting for their consideration of the proposed increase.

COMMENTS SUPPORT/OPPOSITION:

- CURATORSHIP DONATION OF RESTORATION AGREEMENT & LEASE BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND JEFFREY M. & STEPHANIE RICKETTS, 211 BRICK MEETING HOUSE ROAD, NORTH EAST, MD –

Clyde VanDyke, Director of Parks & Recreation conducted a public hearing proposing a Curatorship and Agreement of Lease between the Board of County Commissioners and Jeffrey M. & Stephanie Ricketts for the county-owned historic structure located at 211 Brick Meeting House Road. The Ricketts agree to restore, rehabilitate, and renovate the structure pursuant to a Curatorship Donation of Restoration Agreement. This lease shall be for a term beginning the date first approved and will terminate upon the death of the tenant or upon termination of the lease by either party as set forth in the agreement.

The agreement of lease will be presented to the Board for consideration at the December 1, 2009 meeting of the Board of County Commissioners.

COMMENTS SUPPORT/OPPOSITION:

Judy Cole, North East, MD – commented that she is concerned about the connecting property wherein a tannery was previously operated and wishes to see the integrity of that land preserved.

Joe & Anne Mahoney – also commented in reference to preserving the property in accordance with the guidelines for rehabilitating historic structures.

- ACTION ITEMS –

- AMENDMENTS TO THE CECIL COUNTY PERSONNEL & PROCEDURE MANUAL –

Donna Nichols, Director of Human Resources presented a resolution relating to modifications to the Cecil County Personnel & Procedure Manual. Proposed changes include amendments to HR-001 Unclassified positions; HR-001F Employee types; HR-002B Regular Full time appointments; HR-002 Treasurers' Office Employees; HR-004 Sheriff's Office employee's ratings; HR-006 Family & Medical Leave; HR-006 Compensable disability; and definition for off-set time as presented during a public hearing at the Board's November 3, 2009 meeting.

Motion to approve the resolution was made by Commissioner Hodge with the amendment to language, seconded by Commissioner Demmler and unanimously carried to approve. A copy of the resolution is attached hereto and incorporated into these minutes.

- RESOLUTION – "RECOVERY ZONE" –

Alfred C. Wein, Jr., County Administrator presented the resolution introduced at the Board's November 3, 2009 meeting which proposes to designate the current Priority Funding Areas in the county as a "Recovery Zone" under Section 1400 U-1 of the Internal Revenue Code for the purposes of issuing Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds.

Motion to approve the resolution as presented was made by Commissioner Mullin, seconded by Commissioner Tome and unanimously carried. A copy of the resolution is attached hereto and incorporated into these minutes.

- DEPARTMENT OF PUBLIC WORKS –

- ACCESS EASEMENT AGREEMENT – WARD/DOSS

Upon the recommendation of Director Flanigan, motion to approve the access easement agreement between James Darwin Ward and Darla Ward Doss to replace and relocate a sewer pumping station was made by Commissioner Mullin, seconded by Commissioner Tome and unanimously carried.

- OPTION CONTRACT PROPERTY OF DAVID J. ELLINGSEN FOR REPLACEMENT OF APPLETON ROAD BRIDGE –

Upon the recommendation of Director Flanigan, motion to approve the option contract for the property of David J. Ellingsen for replacement of the Appleton Road Bridge, in consideration of $8,150.00 was made by Commissioner Mullin, seconded by Commissioner Tome and unanimously carried.

- OPTION CONTRACT, CARGILL, INC., REPLACEMENT OF APPLETON ROAD BRIDGE –

Upon the recommendation of Director Flanigan, motion to approve the option contract for the property of Cargill, Inc., for replacement of Appleton Road Bridge, in consideration of $50,200 was made by Commissioner Tome, seconded by Commissioner Mullin and carried by a majority vote (4-1). Commissioner Demmler opposed this recommendation.

- BID NO. 10-37 – SINGLE STREAM RECYCLING TRANSPORTATION –

Upon the recommendation of Director Flanigan, motion to cancel Bid No. 10-37, due to lack of responsive bidders was made by Commissioner Mullin, seconded by Commissioner Tome and unanimously carried to approve.

- BUDGET AMENDMENTS NOS. 50 -54 -

Motion was made by Commissioner Demmler, seconded by Commissioner Mullin and unanimously carried to approve Budget Amendment Nos. 50-54. 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 on December 1, 2009 at 7:00 p.m. at the County Administrative Building.

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