The Board of County Commissioners of Cecil County met in regular session at the Charlestown Elementary School, Charlestown, Maryland, on Tuesday, February 19, 2002. The following members of the Board were present:

Nelson K. Bolender, President Harry A. Hepbron, Commissioner Phyllis Kilby, Commissioner

constituting a full Board.

The meeting was called to order by President Bolender at 7:00 p.m. and opened with the Pledge of Allegiance.

- MINUTES -JAN. 29,2002­

The minutes of January 29, 2002, were approved as written.

- PUBLIC HEARING - AMENDMENTS TO STORMWATER MANAGEMENT ORD. ­

A public hearing was held on draft revisions to the Stormwater Management Ordinance. The proposed changes were requested by the Maryland Department of the Environment. The substantive changes from the July 17, 2001, ordinance include one new definition, the replacement of one of the quantitative control waivers, and an expiration date for stormwater management approvals issued under the former ordinance.

Mr. Matt Carter, Director of Public Works, advised that the Maryland Department of the Environment must approve the local Stormwater Management Ordinance in accordance with the State statute in COMAR. MDE was unsatisfied with the Ordinance adopted by the Board in July, 2001, and the Department of Public Works, County Attorney, and the County Administrator have been in discussion with MDE since that time to persuade them differently. There were two specific areas where MDE insisted upon change.

The first was Section 251-6 A.(3), one of the waiver clauses whereby the Department may waive quantitative controls (but not qualitative controls) if the applicant proposes new, cumulative impervious area of less than. 10,000 square feet and 10% of the parcel area and disturbance of less than one acre of woodlands. It is now proposed to remove this waiver clause and replace it with a waiver clause from MDE's model ordinance that was not included in the July, 2001 ordinance.

The second area was Section 251-29 that addresses expiration of stormwater management approvals granted prior to the July, 2001 ordinance. Because Section 251-4 states that "no person shall develop any land for residential, commercial, industrial, or institutional uses without having provided stormwater management measures that control or manage runoff from such developments, except as provided within this section" (meaning

the new ordinance), the July, 2001 ordinance, in the absence of some language otherwise, would have made all previous approvals null and void. The existing language in the July, 2001 ordinance preserved the status of those approvals going forward. MDE has insisted that those previous approvals be preserved no longer than the end of 2004. Therefore, Mr. Carter is proposing the modified language that is before the Board, whereby those approvals granted prior to the July, 2001 ordinance would expire December 31, 2004.

In addition to these changes, the Department has included a definition of "disturb" to repair a gap in their review capacity and have also corrected several typographical errors detected in the July, 2001 ordinance.

Mr. Bud Felty stated he disagrees with the 2004 deadline on these developments. He said there will be a lot of extra heartache and expense. Mr. Felty stated he appreciates the efforts of the Board.

Ms. Suzan Doordan, Executive Director of the Chamber of Commerce, stated they disagree with this initiative by MDE. She stated the changes are burdensome and have implications beyond the general knowledge of most people.

Mr. McWilliams stated he agrees with the comments of the two previous speakers. He objects to mandates from a higher government level. Mr. Mike McAllister stated he agrees with Mr. Felty. He suggested

extending the time element for a period of five years. Mr. McAllister stated developers will have to pay double or triple because they will have to redefine subdivisions. It is the subsequent landowners who will have to pay.

An unidentified lady stated some people will benefit, as there are issues with stormwater that need to be corrected.

Mr. Vance Fields stated stormwater management laws are not enacted to make it easier on developers. The basic principle of the Stormwater Management Ordinance is designed to protect the environment.

Motion was made by Commissioner Kilby, seconded by President Bolender, and carried to approve the revised Stormwater Management Ordinance. Commissioner Hepbron is opposed. A copy is incorporated as a part of these minutes.

Also incorporated as a part of these minutes is a letter received from James Ryan, of Ryan Engineering, concerning the Ordinance.

President Bolender stated the Board adopted the Ordinance in July and has been fighting with MDE since that time. Their last letter indicated that they would take the County to court. President Bolender stated he is concerned that a lot of bad things can happen to the County if the Ordinance is not adopted. He advised that most counties have adopted as prescribed by MDE, and too much can happen in Cecil County to jeopardize our future.

- COMMISSIONERS' COMMENTS ­

Commissioner Kilby reported that she attended the Relay for Life kick-off breakfast. It will be held on May 31 and June 1 at the Elkton High ballfield, and the goal is $85,000.

Commissioner Kilby advised of an upcoming cleanup endeavor along the Susquehanna River. Trash will be picked up in Perryville and Port Deposit.

She advised that the Commissioners will participate in the Elkton Jaycees bathtub push for diabetes April 5-7.

Commissioner Kilby stated there will be a workshop on March 12 at the new Workforce Center on Route 40 on how to attract and retain workers for small businesses.

Commissioner Hepbron thanked the Town of Charlestown for having the Board in Charlestown tonight.

President Bolender reported that on February 12 the Board attended the Department of Aging Black History Month celebration in Perryville.

- TREASURER'S REPORT ­

Ms. Pamela Howard, Treasurer, presented the monthly report of the Treasurer's Office as of January 31, 2002. A copy of the report is incorporated as a part of these minutes.

- PRESENTATION - GYPSY MOTHS ­

Ms. Gabrielle Oldham, President of the Cecil County Forest Conservancy District Board, gave a presentation on gypsy moths. She stated they are non-native forest pests that have the potential to defoliate large acreages of native oak forests. This process starts in early April when the caterpillars hatch and reaches its peak in mid-June. Afterwards the caterpillars will pupate into either small brownish male moths which fly throughout the infested area or into larger, white female moths, which cannot fly, but will attempt to crawl into any crack or crevice in the area to lay their eggs.

Ms. Oldham advised that gypsy moths are present in Cecil County each year and have been since the 1970's. However, their population has been kept in check through a combination of several factors. In 2002, however, it is anticipated that the caterpillars will be hatching in great numbers over a large area of the County. The Elk Neck area will be particularly hard hit, but other areas along Route 40 will also see a substantial caterpillar hatch.

They are not a health threat but can cause a skin reaction. Gloves or pliers should be used to remove them from trees and other locations. Gypsy moths create a major nuisance for residents of wooded areas. The

caterpillars in June congregate under eves and gutters of houses, and their excrement can permanently stain siding.

The Maryland Office of Forest Pest Management has identified 13,000 acres in Cecil County that has at least 250 egg masses per acre and qualifies for spraying. The spraying is scheduled to take place in early May.

The State spraying program is funded on a cost-sharing basis using federal and local government funds. The federal share has not yet been finalized and may be less than anticipated. The Cecil County share is estimated to be between $45,000 and $86,000. The County has the following options: 1) opt out of the spray program 2) use County funds to cover the County's share of the spray program 3) ask the landowners to contribute towards the spraying.

Mr. Robert Tatman, of the Office of Forest Pest Management, stated the estimate for the cost share is lower than anticipated; it is about $35,000. He advised that the State will hold a public hearing on the spray program in Cecil County on March 28 at 7:00 p.m. in the Extension Office.

- UPDATE - CARPENTER'S PT. SEWER EXTENSION ­

Mr. Matt Carter, Director of Public Works, gave an update on the Carpenter's Point sewer extension. He advised that the biggest issue remaining is the confirmatory easements that need to be assembled. Nine of the deeds have been executed, and there are about 45 properties. The first phase of construction will take 12-14 months. Mr. Carter stated there is an update on the County website.

Mr. Dwight Thomey, County Attorney, advised that all acquisition documents have been submitted to the property owners; and the executed documents must be received before the County can proceed.

- PROCLAMATION - PURCHASING MONTH ­

The Board presented a Proclamation to Mr. David Pyle, Purchasing Agent, proclaiming the month of March as Purchasing Month.

- PUBLIC COMMENT ­

Mr. Tom McWilliams noted that National Engineer's Week is celebrated in February.

Mrs. Judy Monger stated since the public hearing on the Carpenter's Point sewer extension new people have moved into the area.

- APPOINTMENT - COMMISSION FOR WOMEN ­

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to appoint Judith M. Cox, P. O. Box 460, Rising Sun, Maryland 21911 as a member of the Commission for Women to fill the unexpired term of Christine Valuckas, said term expiring September 8, 2003.

- APPOINTMENT - BD. OF PKS. & REC. ­

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to appoint Lisa Koch, 80 Parkside Drive, Earleville, Maryland 21919 as a member of the Board of Parks and Recreation to fill the unexpired term of Rose Cinelli, said term expiring December 31, 2002.

- PERSONNEL ITEMS ­

Ms. Donna Nichols, Director of Human Resources, presented the personnel items. Upon recommendation by Ms. Nichols, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the following appointments:

Kelly Cover, contract employee for Domestic Violence, $17.00/hour. County to be reimbursed by the State;

Linda Owens, Bus Driver, Department of Aging, $10.46/hour, Grade 4;

Nicholas Baffone, IV, Laborer, Facilities Management, $9.21 /hour, Grade 3.

Upon recommendation by Ms. Nichols, motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the following promotions/transfers/reclassifications:

Increase Daniel Webber's salary by 3% for obtaining degree in engineering, effective December 15, 2001.

Transfer Joffre Jaramillo, Jr. from Facilities Management to Solid Waste Division at the same salary and pay grade 3 as Laborer, effective January 29, 2002.

Increase Neil Lowman's salary by 3% for receiving certificates for welding classes through Keen, effective December 15, 2001.

Reclassify Doug Willis from Laborer to Equipment Operator Trainee for obtaining CDL. Increase salary by 3% (same paygrade), effective February 9, 2002.

- NOTICE TO PROCEED - HAZARD MITIGATION GRANT PROGRAM - FARR CREEK ACQ. ­

Mr. Frank Muller, Director of Emergency Services, requested approval for notice to proceed on the Farr Creek acquisition project and to acknowledge funding grants for the project from FEMA in the amount of $650,419 and from the Maryland Board of Public Works in the amount of $108,403.

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the notice to proceed and acknowledgement of grant funds.

President Bolender advised that offers were made on 11 properties in Farr Creek, and all 11 accepted.

- REJECTION OF BIDS - MID-SIZE HATCHBACK - DEPT. OF AGING ­

Mr. David Pyle, Purchasing Agent, recommended that the Board reject all bids received for a mid-size hatchback for the Department of Aging, since none met the requirements set by the Department.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to reject the bids.

- CONTRACT AWARD - CHERRY HILL WASTEWATER TREATMENT FACILITY ­

Mr. Matt Carter, Director of Public Works, recommended that the bid for the construction of the Cherry Hill Wastewater Treatment Facility be awarded to C. O. Falter Construction Corp. for the sum of $2,901,101.00.

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to award the bid to C.O. Falter Construction Corp.