April 15, 2003

The Board of County Commissioners for Cecil County met in regular session at the Elkton Town Hall, 100 Railroad Avenue, Elkton, Maryland on Tuesday, April 15, 2003. The following members of the Board were present:

Nelson K. Bolender, President

Phyllis Kilby, Commissioner

Harry A. Hepbron, Commissioner

William C. Manlove, Commissioner

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

The minutes of the Board of County Commissioners for April 1, 2003 were unanimously approved.

The minutes of the Board of Health for April 1, 2003 were unanimously approved.

- COMMISSIONERS COMMENTS-

Commissioner Kilby - attended the Perryville Chamber of Commerce Luncheon that afternoon and announced some of the events planned for the area. The Annual Spring Fling is scheduled for May 10, 2003 at Rodger’s Tavern and an outdoor business expo is planned for May 31, 2003. In addition throughout the county, May 3, 2003 is the March of Dimes Walk scheduled at the North East Community Park and June 21, 2003 is “Bowling for Hospice,” sponsored by Chem-Dry at Elk Lanes. Commissioner Kilby commented relative to a report she had received, regarding a study conducted by “1000 Friends of Maryland” that graded each county in Maryland relative to growth initiatives. Cecil County received a D+ for planning new growth and a D for farmland preservation.

Commissioner Bolender – announced the date of the Public Hearing on the proposed building moratorium. The hearing is scheduled for April 30, 2003 at 7:00 p.m. at the Rising Sun High School. President Bolender also advised that there would be a Budget Hearing at the Cecil Community College, Milburn Stone Theater on May 7, 2003 at 7:00 P.M. Commissioner Bolender stated that staff is preparing a budget to react to, however, without knowing what is coming from the State it is difficult. However, by law the County is required to have a proposed budget by May 1.

Commissioner Hepbron declined comment.

Commissioner Manlove commented on the weather.

- TREASURERS REPORT –

Pamela Howard, Treasurer presented the Treasurer’s Report as of March 31, 2003, a copy of this report is incorporated into these minutes.

- PRESENTATION OF PLAQUE TO COMMISSIONER HEPBRON BY TEAM W.L. GORE –

Chris Dalizzi, W.L. Gore Associate presented Commissioner Hepbron with a plaque in appreciation for his volunteer efforts in the recent fundraising event for the Leukemia Society, sponsored by Team Gore. Commissioner Hepbron raised $2,800 on February 29, 2003.

Comments – Commissioner Hepbron thanked everyone for their generous donations.

- PROCLAMATION – “2003 Maryland Chiefs’ Challenge Months”

- Lt. Bruce Diehl and Cpl. Phil Criddle –

President Bolender – presented Lt. Bruce Diehl, Barrack Commander and Cpl. Phil Criddle on behalf of the Maryland State Police, Barrack F, North East, MD, with a proclamation proclaiming the months of April and May, “2003 Maryland Chiefs’ Challenge Months” to promote continued public awareness, education and enforcement of Maryland’s seatbelt and child passenger safety laws.

- PUBLIC COMMENT –

Rebecca Demmler – presented the Commissioners with documentation and read a letter she had written concerning the Cecil County SPCA and their budget request and administrative expenditures. Mrs. Demmler is concerned the SPCA’s records are not open to the public, due to the fact that the SPCA is a non-profit organization that receives funds from the County.

- APPOINTMENTS – AG ADVISORY BOARD –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron and unanimously carried to appoint the following as members of the Ag Advisory Board:

Anthony Crothers, 480 Crothers Rd., Rising Sun, MD

Debbie Crothers, 480 Crothers Rd., Rising Sun, MD
Danny Bell, 480 Crothers Rd., Rising Sun, MD
Cynthia Rossetti, 215 Dr. Jack Road, Port Deposit, MD

Mikel Leubecker, c/o Floral Plant Growers, 1133 Ebenezer Church Rd.

Rising Sun, MD
Phil Johnson, 3910 Blue Ball Road, Elkton, MD

- APPOINTMENT – ETHICS COMMISSION –

Motion was made by Commissioner Kilby, seconded by Commissioner Manlove and unanimously carried to re-appoint the following member of the Ethics Commission for a four-year term to expire 1/11/07:

Charles L. Scott, Jr., Esquire, 109 East Main St., Elkton, MD

- APPOINTMENTS – HISTORIC DISTRICT COMMISSION –

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby and unanimously carried to appoint the following person as a member of the Historic District Commission for a three-year term to expire 3/1/06:

Nancy Simpers, 584 Kirk Rd., Elkton, MD

Pat Conway, Director of Permits and Inspections presented to the Board an introduction of a resolution for an increase in County Building Permit Fees. With the adoption of the International Building and International Residential Codes in October 2002, the County is permitted to establish a fee schedule. The present fee schedule was adopted twelve (12) years ago.

The most significant change will be in the residential fee, increasing from 10 cents per square foot to 30 cents per square foot. Most commercial uses will increase from 12 cents per square foot to 25 cents per square foot. The agricultural break will remain in effect for agricultural structures under twenty (20) acres. Sheds and decks will be increased from 10 cents to 15 cents. In addition, the penalty fees have increased as well.

Commissioner Kilby – questioned the rationale in Group AG –1 all structures (except dwellings) on legitimate farming operations comprised of 20 acres or more.

Mr. Conway explained that the procedures of approximately eighteen to 20 other counties in the state were researched to get a comparison in their agricultural fees, the twenty acres was a fair compromise.

Commissioner Kilby indicated that many of the traditional farming operations are giving way to smaller operations that are being conducted on much less acreage.

Mr. Conway explained that his Department has no way of establishing whether or not a parcel is being used for agriculture purposes. The twenty-acre limit makes it easier for his department to differentiate agricultural or other purposes.

- INTRODUCTION OF LEASE AGREEMENTS – OCTORARO TRAIL AND ELK RIVER PARK LEASE AGREEMENT –

Mr. Al Wein, County Administrator introduced a Lease and Management Agreement between the Cecil County Board of Commissioners and the Friends of the Octoraro Trail, Inc. This agreement will allow for the group to establish, operate and maintain a 5.7 linear park, for the purpose of a non-motorized public trail for recreational use by the citizens of Cecil County. This lease will be in effect for a fifty-year term.

Mr. Wein introduced a Lease and Management Agreement between the Board of County Commissioners and Youth Services Agency, for the lease of the Elk River Park. Two rope courses are to be constructed at that location. This lease will be remain in effect for a five-year term

Mr. Thomey, County Attorney suggested that a paragraph be added to the Octoraro Lease, similar to the one in the Elk River Lease, indicating that the County reserves the right to terminate the Lease upon any material breach of same by Lessee.

Mr. Wein will contact Mr. Crothers with regard to the addition of this paragraph to the Octoraro Trail Lease.

- RESOLUTION - $50.00 FEE FOR CRIMINAL BACKGROUND CHECKS FOR LIQUOR LICENSE APPLICATIONS –

Upon the recommendation of Mr. Wein, motion was made by Commissioner Kilby, seconded by Commissioner Manlove and unanimously carried to accept a resolution that will enable the County to collect a fee for all applications for the issuance of a new liquor license or the transfer of a liquor license in the amount of $50.00 per person for each person to whom said license is to be transferred or issued, to defray the costs of criminal records checks.

Upon the recommendation of Mr. Wein, motion was made by Commissioner Kilby, seconded by commissioner Manlove and unanimously carried to approve Budget Amendments 122 – 130.

The next regular meeting of the Board of County Commissioners will held on Tuesday, May 6, 2003 at 7:00 p.m. in the County Administrative Building, 107 North Street, Elkton, MD.