March 16, 2010

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MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

April 6, 2010

The Board of County Commissioners for Cecil County met in regular session at the Cecil County Administration Building, 200 Chesapeake Blvd., Elkton, MD. The following members of the Board were present:

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

Constituting a majority Board.

The Board adjourned into a Closed Session at its work session on March 23, 2010 at 10:20 A.M., motion was made by Commissioner Demmler, seconded by Commissioner Lockhart and unanimously carried pursuant to MD Annotated Code – State Government 10-508 (a) (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, Tome, and Hodge; H. Norman Wilson, Counsel; Administrator Wein; Director Flanigan and staff; Budget Manager Whiteford; Director Sennstrom; Director Thompson. Topics of Discussion: Nottingham Road land acquisition for replacement of Nottingham Road bridge over the CSX Railroad. Action: Directed Department of Public Works to send final offer letter to subject property owners. Meeting adjourned at 10:05 A.M.

The Board adjourned into a Closed Session at its work session on March 30, 2010 at 10:00 A.M. motion was made by Commissioner Tome, seconded by Commissioner Mullin 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 & Mullin; Administrator Wein; Director Nichols; Director Flanigan; Counsel Wilson. Topics of Discussion: Acquisition of real property relating to Carpenter's Point Wastewater Collection System, Phase III; Four (4) Requests to fill positions. Actions taken: Directed Director Flanigan to schedule easement agreement relating to Craft Haven Marina and Campgrounds, Inc., (Carpenter's Point Phase III, Wastewater Project) for future Board Meeting Agenda, approved four (4) requests to fill positions. Meeting adjourned at 10:50 Noon.

The meeting of the Board of County Commissioners for Cecil County, April 6, 2010 was called to order by Commissioner Demmler at 7:00 p.m. and opened with the Pledge of Allegiance.

The following minutes were deferred to the next worksession for approval.

  • March 9, 2010 Worksession Minutes
  • March 9, 2010 Closed Session Minutes
  • March 16, 2010 Regular Board Meeting
  • March 23, 2010 Worksession Minutes
  • March 23, 2010 Closed Worksession Minutes
  • March 30, 2010 Worksession Minutes
  • March 30, 2010 Closed Worksession Minutes

- COMMISSIONERS COMMENTS –

Commissioner Demmler advised that the adoption of the 2010 Comprehensive Plan will be held on April 13, 2010 at 1:00 P.M.

Commissioner Hodge welcomed everyone to the meeting and encouraged citizens to voice their opinion relating to the Comprehensive Plan scheduled for adoption on April 13, 2010.

Commissioner Tome thanked all of the citizens that have commented about the Comprehensive Rezoning and that their input will be taken into consideration.

Commissioner Mullin commented about his attendance at the Cecilton Volunteer Fire Company's awards banquet and recognized members for their years of service.

- PROCLAMATIONS –

- FAIR HOUSING MONTH –

On behalf of the Board of County Commissioners of Cecil County, Commissioner Tome presented a proclamation to Dave Mahaney, Director of Housing, and Mary Murphy acknowledging Fair Housing Month in Cecil County.

- PUBLIC HEALTH WEEK –

Commissioner Jim Mullin presented a proclamation to Stephanie Garrity, Health Officer of the Cecil County Health Department acknowledging Public Health Week in Cecil County.

Ms. Garrity presented four awards to members of the community in honor of their contributions to Public Health in Cecil County.

Howard Isenberg for his work on the Cecil County Animal Task Force; the Town of North East for providing their citizens with water fluoridation; University of Maryland Dental School for the opening of the dental facility at the Principio Health Care Center; and Dr. Ken Lewis, President of Union Hospital for the initiation of many community related programs through Union Hospital.

- PUBLIC COMMENT –

Jim Brady, 975 Shady Beach Road, North East, MD – on behalf of the Cecil County Chapter of Boy Scouts of America, invited the Board to the 100th Centennial Celebration, May 14th – 16th at the Cecil County YMCA.

- INTRODUCTORY ITEMS –

Alfred C. Wein, Jr., County Administrator presented a resolution for the issuance, sale & delivery by the Board of County Commissioners of a general obligation installment bond in the amount of $1,257,000 through the Maryland Water Quality Act for a term of 20 years at 1% interest that will fund the installation of a new 8-inch gravity sewer, grinder pump stations and small diameter force main the Carpenters Point community area and decommission fail septic systems to protect public health. The project will also include the development of property, the acquisition and installation of equipment and furnishings and any related architectural, financial, legal, planning and engineering expenses.

This resolution will be placed on the Board's agenda for consideration at the Commissioners meeting on April 20, 2010.

- ACTION ITEMS –

- APPOINTMENTS –

Motion to approve the following appointments was made by Commissioner Hodge, seconded by Commissioner Tome and unanimously carried:

Cecil County Ethics Commission - Diana Gillig for a four-year term, to expire on April 1, 2014.

Historic District Commission – Milton Diggins and Asma Manejwala for a three-year term, to expire on March 1, 2013.

- MASTER WATER & SEWER PLAN TEXT AMENDMENT 3.2.4 & 4.1.4. CHESAPEAKE CITY –

Eric Sennstrom, Director of Planning & Zoning presented the text amendment presented during a public hearing at the meeting on March 16, 2010, pursuant to the request of the Town of Chesapeake City proposing to extend the Town's 8" water line 5,000 linear feet to serve the Bohemia Manor School complex.

Motion to approve the text amendment to the Master Water & Sewer Plan 3.2.4 & 4.1.4 was made by Commissioner Hodge, seconded by Commissioner Mullin and unanimously carried. A copy of this text amendment is attached hereto and incorporated into theses minutes.

- MASTER WATER & SEWER PLAN TEXT AMENDMENT – TABLE 8 – PRIVATE COMMUNITY SEWERAGE SYSTEMS –

Director Sennstrom presented an amendment to the Master Water & Sewer Plan, Table 8, Private Community Sewerage Systems as presented at the March 16, 2010 meeting, the request from Maple Hill Trailer Park to update the tables to reflect upgraded discharge permits.

The Cecil County Planning Commission at their meeting on March 15, 2010 forwarded a recommendation of approval of the proposed amendment.

Motion to approve the text amendment to the Master Water & Sewer Plan, Table 8 was made by Commissioner Hodge, seconded by Commissioner Tome and unanimously carried. A copy of the text amendment is attached hereto and incorporated into these minutes.

- DEPARTMENT OF PUBLIC WORKS -

- BID AWARD 10-48 GUIDERAILS-

Upon the recommendation of Director Flanigan, motion to approve Bid Award No. 10-48 Guiderail Installation and Repair to Guardrails, Etc., Inc., in the amount of $30,650.00 was made by Commissioner Hodge, seconded by Commissioner Mullin and carried unanimously.

BID NO. 10-41-53004 – WOODLAWN TRANSFER STATION -

Upon the recommendation of Director Flanigan, motion to award Bid No. 10-41-53004 Woodlawn Transfer Station Site Improvements to JJID in the amount of $247,790.00 was made by Commissioner Tome, seconded by Commissioner Mullin and carried by a majority vote of 3-1. Commissioner Hodge commented that he is opposed to this Bid Award and the project should be scaled back as a result of budget shortfalls.

- BID NO. 11-04 – FLUORSECENT LAMP RECYCLING & SHARPS DISPOSAL -

Upon the recommendation of Director Flanigan, motion to award Bid No. 11-04 for Fluorescent Lamp Recycling & Sharps Disposal to Advant-Edge as specified in the bid package, was made by Commissioner Hodge, seconded by Commissioner Demmler and unanimously carried.

- DEED OF EASEMENT – ALBERT D. BRIMM & MARY E. BRIMM, RAZOR STRAP ROAD IMPROVEMENTS –

Upon the recommendation of Director Flanigan, motion to approve the Deed of Easement between the Board of County Commissioners and Albert D. & Mary E. Brimm was made by Commissioner Tome, seconded by Commissioner Mullin and unanimously carried.

- RIGHT OF WAY ENTRY AGREEMENTS - LOMBARD ROAD BRIDGE -

Upon the recommendation of Director Flanigan, motion to approve the Right of Entry Agreements for the repair/replacement of the Lombard Road Bridge of Charles E. Duncan and Earl & Janet Cox was made by Commissioner Tome, seconded by Commissioner Hodge and unanimously carried.

- RIGHT OF ENTRY AGREEMENTS – CALVERT ROAD BRIDGE –

Upon the recommendation of Director Flanigan, motion to approve the Right of Entry Agreements for the repair/replacement of the Calvert Road Bridge of Gershon, LLC; Kincaid Investment Partnerships; and Constance Rogers was made by Commissioner Tome, seconded by Commissioner Hodge and unanimously carried.

- LETTER OF UNDERSTANDING – CONSTRUCTION OF CARPENTERS POINT WASTEWATER COLLECTION SYSTEM, PHASE III – JOHN B. BOAS, JR., CRAFT HAVEN MARINA & CAMPGROUND, INC –

Upon the recommendation of Director Flanigan, motion to approve the letter of understanding between the Board of County Commissioners and John B. Boas, Jr., Craft Haven Marina & Campground for the Carpenters Point Wastewater Collection System, Phase III was made by Commissioner Mullin, seconded by Commissioner Tome and unanimously carried to approve.

- BID NO. 10-42 – SOD INSTALLATION -

Upon the recommendation of Director Van Dyke, Parks & Recreation, Bid No. 10-42 motion to cancel Bid No. 10-42 sod installation for the McMillan property was made by Commissioner Tome, seconded by Commissioner Mullin and unanimously carried, due to inadequate funding for the project.

- BUDGET AMENDMENT NOS. – 102 – 115 –

Motion to approve Budget Amendment Nos. 102 – 115 was made by Commissioner Tome, seconded by Commissioner Mullin and unanimously carried. A copy of the budget amendments are attached hereto and incorporated into these minutes.

The next regular meeting of the Board of County Commissioners will be on April 20, 2010 at 7:00 p.m. at the Town of North East, 106 South Main Street, North East, MD 21901.

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