MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

August 19, 2003

The Board of County Commissioners for Cecil County met in regular session at the County Administrative Building, 107 North Street, Elkton, Maryland on Tuesday, August 20, 2003. The following members of the Board were present:

Nelson K. Bolender, President

Phyllis Kilby, Commissioner

Harry A. Hepbron, Commissioner

William C. Manlove, Commissioner

Mark H. Guns, Commissioner

The meeting was called to order by President Bolender at 2:00 p.m. and opened with the Pledge of Allegiance:

A correction to the July 15, 2003 minutes of the Board of County Commissioners was made by President Bolender. The minutes should reflect the following: Appointments – Planning Commission: President Bolender stated that the minutes should reflect that he represents the 2^nd District, not the 3^rd.

The minutes of the Board of County Commissioners for July 15, 2003 were unanimously approved after the correction above.

The minutes of the Board of Health for July 15, 2003 were unanimously approved.

The minutes of the Board of County Commissioners Informational Meeting for July 23, 2003 were unanimously approved.

The minutes of the Board of County Commissioners Rezoning Hearing for August 12, 2003 were unanimously approved.

- PUBLIC HEARINGS –

- NOMINATION FOR HISTORIC DESIGNATION - 2003-05 – Winter/Brown House –

Mr. Eric Sennstrom, Director, Planning, Zoning, Parks & Recreation presented to the Board a nomination for Historic Designation:

2003-05 – Applicant: Trish Brown for Historic Designation - Winter/ Brown House; Property Location: 1730 Hopewell Road, Port Deposit, MD; Owned by: Patricia Winter Brown & William E. Brown, III; Election District: 6, Presently Zoned: Northern Agricultural Residential (NAR).

Mr. Sennstrom advised the Board that approval has been recommended by the Historic Commission on August 5, 2003, and the Planning Commission on August 18, 2003.

Mr. Sennstrom presented points of significant historical facts of the home. The Winter/Brown House was originally known as the Nevin/Orr House. The dwelling has been existence since at least 1858, according to tax and other historical records. The House has the original pine flooring, roof and basement.

Motion was made by Vice-President Kilby, seconded Commissioner Manlove and unanimously carried to accept the Winter/Brown House into Historic Designation.

- ZONING ORDINANCE –

- Amendment to Article II, Part 1, Sec. 12, Bed and Breakfast Definition & Article V, Part III, Sec. 84, Bed and Breakfast –

Mr. Sennstrom presented to the Board the proposed Amendment to Article II, Part 1, Section 12. The proposed amendment will define and more specifically reflect what types of activities may occur at a Bed and Breakfast. Additional language will be added to Article V, Part III, Section 84. The Planning Commission has recommended that the language be more defined as to owner/manager on site at the bed and breakfast, as the owner/manager may not be a resident of the dwelling.

Motion was made by Commissioner Manlove and seconded by Commissioner Hepbron and unanimously carried to approve the amendment to Article II, Part 1, Sec. 12 and Article V, Part II, Sec. 84 of the Cecil County Zoning Ordinance.

- Amendment to Article II, Part 1, Sec. 12, Add Boat, Abandoned Definition & Article IV, Sec. 49, Boat Abandoned

Mr. Sennstrom presented to the Board the proposed amendment to Article II, Part 1, Section 12 & Article IV, Sec. 49, dealing with abandoned boats. The first part of the amendment would add the definition of an abandoned boat. The second would add language at to the requirements of a vessel considered abandoned. The Planning Commission has recommended approval with additional language that would include any vessel that was being actively restored, rehabilitated and or built shall not be considered abandoned.

Comments – Tom McWilliams voiced concern about the time change and suggested an increase from 180 days to one year.

Motion was made by Commissioner Manlove, seconded by President Bolender.

Commissioner Guns – stated that the language was very unclear as to time and how long a boat can be restored.

Vice- President Kilby – commented as to Lions Club donations – rebuilding and selling boats for charity.

Commissioner Guns – voiced concern with the definition.

Motion was passed by majority vote to accept the amendment to Article II, Part 1, Section 12 & Article IV, Section 49.

VOTE: Bolender – N Kilby – Y Hepbron – Y

Manlove – Y Guns – N

- SUBDIVISION REGULATIONS –

- Amendment to Article II, Sec. 2.0, Minor Subdivision Definition; Article II, Sec. 2.1, General Requirements for Subdivision; Article II, Section 2.4, Minor Subdivision; Article VII, Section 7.2A, Right-of-Way Width and Pavement Requirements –

Mr. Sennstrom presented to the Board the amendments that are attempting to add new language to the zoning ordinance to require minor subdivisions to be recorded and also add new language to address the dedication of subdivided land for future road widening purposes.

The Planning Commission has recommended approval with language approval in Section 7.2A, they are suggesting that, major and minor subdivisions with road frontage, should grant a right-of-way to the Board of Cecil County Commissioners. In addition, the following surveying company’s have offered their input relating to this amendment: McCrone, Inc., McAllister Surveying, Will Whiteman Surveying and Northern Bay.

Vice-President Kilby commented regarding the Planning Commission’s discussion about the effective date.

Matt Carter, Director of Public Works offered that the recordation of minor subdivisions will help and is in agreement with the road frontage requirement, although he voiced concern that not all properties are to be included.

Vice-President Kilby proposed to separate Section 7.2A from action.

Dwight Thomey, County Attorney commented with regard to the road frontage matter discussed by Mr. Carter.

Comments in support – N

Comments in opposition – Y

Will Whiteman – addressed the Board as to the need of this amendment. A legal opinion needs to be established as to exactly how much acreage is to be conveyed. He further advised the Board that to be in compliance with State regulations, an entire property may have to be surveyed, when in fact, there is only one lot being conveyed. He is further concerned with old properties that have not been surveyed in years.

Bud Felty – advised the Board, that he agrees with Mr. Whiteman. He expressed a concern with major subdivisions. Mr. Felty offered his assistance in any discussions that may take place regarding this issue.

Vote was taken separately on proposed amendments.

Motion was made by Commissioner Guns, seconded by Vice-President Kilby and was carried by a majority vote to approve the proposed amendment to Article II, Section 2.0 Minor Subdivision definition.

Vote: Bolender – Y Kilby – Y Hepbron – N

Manlove – Y Guns – Y

Motion was made by Vice-President Kilby, seconded by Commissioner Guns and carried by a majority vote to approve the proposed amendment to Article II, Section 2.1 General Requirements for Subdivision.

Vote: Bolender – Y Kilby – Y Hepbron – N

Manlove – N Guns – Y

Motion was made by Vice-President Kilby, seconded by Commissioner Guns and carried by a majority vote to approve the proposed amendment to Article II, Section 2.4 Minor Subdivision.

Vote: Bolender – Y Kilby – Y Hepbron – N

Manlove – N Guns – Y

Motion was made by Vice-President Kilby, seconded by Commissioner Guns and carried by a majority vote to postpone any action to the proposed amendment to Article 7.2A Right of Way Width & Pavement Requirements.

Commissioner Manlove commented regarding any time limitations.

Vote: Bolender – Y Kilby – Y Hepbron – Abstain

Manlove – Y Guns – Y

It was determined by the Board that October 1, 2003 would be the effective date for recordation of minor sub divisions.

- AGRICULTURAL PRESERVATION DISTRICT –

Applicant: Amos F. and Sarah G. Stotzfus. For: Establishing an Agricultural Preservation District. Property Location: 201 Marshall Lane, Rising Sun, MD. Tax Map: 4, Grid: 15, Parcel: 1, Acreage; 63 Acres, 9^th Election District; Presently Zoned: Northern Agricultural Residential, (NAR).

Mr. Sennstrom presented the application to the Board. He explained that 53 of the acres are being considered for agricultural preservation. The property meets the requirements of the program. Approval has been recommended by the Agricultural Preservation and Advisory Board and by the Planning Commission.

Motion was made by Vice-President Kilby, seconded by Commissioner Hepbron and unanimously carried to approve the Application for Agricultural

Preservation.

- COMMISSIONER’S COMMENTS –

Vice-President Kilby – commented about the MACO Conference in Ocean City she and the other Commissioners attended recently. While at MACO she met with state officials and the conveyed their appreciation to Matt Carter for his assistance with the projects in North East.

Commissioner Hepbron – also commented about the MACO Conference. He stated that all the meetings he attended were very informative, and he was able to network with many state officials

Commissioner Guns – commented regarding the networking with other county officials at the MACO Conference as an invaluable experience.

Commissioner Manlove – commented about meeting other county officials within the State. He advised of a meeting that he attended with the Transportation Department regarding a Truck Station off of Route 301.

President Bolender – agreed with the other Commissioners about the value of attending the MACO Conference.

- TREASURER’S REPORT –

Pamela Howard, Treasurer for Cecil County presented the Treasurer’s Report as of July 31, 2003.

- PUBLIC COMMENT –

Dr. Steve Pannill, 141 Breon Lane, President Cecil Community College and Advisor to the Bainbridge Development Corporation, commented regarding the revised plan for Bainbridge. Dr. Pannill thanked Berkshire Laboratories for their participation.

Harlan C. Williams, Elkton, on behalf of CEDAB, (Citizen’s for Economic Development of Bainbridge). His group is apprehensive of Berkshire Laboratories and their inability to provide information thus far. CEDAB is concerned about the pending resolution and any decisions being made before any further investigation.

Steve Fayer, Attorney - General Counsel for CEDAB commented concerning the resolutions before the Board, concerning Bainbridge Development Corporation

Paul Reed, 310 Bainbridge Road, Port Deposit, Co-Chair CEDAB commented regarding the proposed use of acreage for commercial development versus residential development at Bainbridge. In addition Mr. Reed read into the record a proposed resolution.

Jeannette Hillyer – as citizen of Cecil County spoke regarding good economic development. She advised that she is not necessarily against Berkshire, but certainly not to give them 500 acres. Mrs. Hillyer also requested information regarding BDC meetings times and procedures.

Tom McWilliams, 245 Plum Point Road, Elkton – urged the Commissioners to take action on industrial use at Bainbridge.

Judge Walter Buck – advised the Board that he has served on Bainbridge Committees since the 60’s to develop Bainbridge. Judge Buck urged the Commissioners not to rush any decision.

Edwin Merryman – Port Deposit – agreed with Judge Buck and his comments. He further commented regarding the industrial and residential use of Bainbridge. Mr. Merryman is concerned with the designation of the land use at Bainbridge. He is urging the Commissioners to request the BDC not to take immediate action.

Mildred G. Gorrell, 1447 Clayton Street, Perryville addressed the Board with her concern of excessive residential development in the County.

John Klisavage, 33 High Street, Port Deposit advised the Board he is one of the new members of the Town Council for Port Deposit. Mr. Klisavage is optimistic of the changes taking place in the Town of Port Deposit. He spoke in support of Donald Poist as a member of the BDC. In addition, he spoke with regard to the proposal of Berkshire and the fact that Berkshire will not require infrastructure.

Kathi Leeds, 10 S. Main St., Port Deposit – owns and operates a business in Port Deposit. Ms. Leeds is encouraging the Commissioners to move forward with the project at Bainbridge.

- APPOINTMENTS –

Motion was made by Vice-President Kilby, seconded by Commissioner Hepbron and unanimously carried to approve the following appointments to the Cecil County Mental Health Partnership for a three-year term to expire 6/20/06:

Susan Twigg, Dept. of Aging, 214 North Street, Elkton, MD

Jackie Pugh, Dept. of Social Services, 170 East Main St., Elkton, MD

Jeffrey Dandoy, 906 Rahway Drive, Newark, DE

Nancy Hardy, CPCYF, P.O. Box 1484, Elkton, MD

Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to approve the following appointments to the Economic Development Commission for a two-year term to expire 6/30/05:

Thomas McWilliams, Jr., 245 Plum Point Road, Elkton, MD
Judy Cole, 741 England Creamery Road, North East, MD

Richard Geoghegan P.O. Box 750, Chesapeake City, MD

Mary Scheeler, Greenfield Farm, P.O. Box 490, Cecilton, MD

Robert Hodge,

Ken Lewis, Union Hospital, 106 Bow Street, Elkton, MD

Eric Morsicato, Town of Perryville, P.O. Box 773, Perryville, MD

Nominations were made for two appointments to the Board of Appeals for three-year terms to expire 8/15/06: The votes are as follows:

David Willis, 207 Walnut Lane, Elkton, MD

VOTE: Bolender – Y Kilby – Y Hepbron – Y

Manlove – Y Guns – Y

Maria Mastrippolito, 836 Firetower Road, Colora, MD

VOTE: Bolender – N Kilby – Y Hepbron – N

Manlove – Y Guns – Y

Peter Wood, 29 S. Main St., North East, MD

VOTE: Bolender – Y Kilby – N Hepbron – Y

Manlove – N Guns – N

Appointments to the Board of Appeals are as follows:

David Willis & Maria Mastrippolito

Based on the recommendation of the Town of Port Deposit, motion to approve was made by Vice-President Kilby, seconded by Commissioner Guns and unanimously carried to appoint the following member to the Bainbridge Development Corporation to fill the term of Glen Longacre, which expires 10/18/06:

Donald Poist

- PERSONNEL –

Upon recommendation of Donna Nichols, Director, Department of Human Resources, motion was made by Vice-President Kilby, seconded by Commissioner Guns and unanimously carried to approve the following resignations/terminations:

Karen A. Keenan, Code Compliance Inspector, Planning & Zoning

Brian C. Dougherty, Equipment Operator I, Roads

Upon recommendation of Ms. Nichols, motion was made by Vice-President Kilby, seconded by Commissioner Guns and unanimously carried to approve the following appointments:

Philip Niles, Help Desk Analyst, Information Systems Office, $12.00/hr (gr. 6)

Bryan L. Shiel, Laborer, Roads (Northern District), $9.21/hr (gr. 3)

Daniel H. Mahan Jr., Homeland Security Planner (grant-funded), EMS

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

Mitchell W. Willis Jr., from Operator Trainee at $9.82/hr (grade 3) to Equipment Operator I at $10.46/hr (gr.4)

Other Appointing Authorities Personnel Actions:

Josephine Legette, Correctional Officer, CCDC, Resignation

Joseph G. Letts, Sr., Sergeant, Law Enforcement, Retirement

Michael G. Hornberger, Correctional Officer, CCDC, Appointment

Jessica Hagan, Family Support Service Coordinator, Circuit Court, Appointment

- RESOLUTION – CONDITIONAL LOAN COMMITMENT TO COLLETTE SERVICE CENTER, INC., FROM THE CECIL COUNTY REVOLVING LOAN FUND –

Paul Gilbert, Director of Economic Development appeared before the Board and presented the following resolutions:

Upon the recommendation of Office Economic Development and the Revolving Loan Fund Advisory Board, motion was made by Vice-President Kilby, seconded by Commissioner Hepbron and unanimously carried to grant a resolution for a conditional loan commitment to Collette Service Center, Inc., a Perryville vehicle Towing and Service Company, for the purchase of 6.25-acre parcel of land on U.S. Route 40 for the purpose of vehicle storage. A copy of this resolution is hereto incorporated into these minutes.

- RESOLUTION-CONDITIONAL LOAN COMMITMENT TO HENDERSON ENTERPRISES, INC., T/A CHEM DRY OF NORTHER MARYLAND FROM THE CECIL COUNTY REVOLVING LOAN FUND -

Upon the recommendation of the Office of Economic Development and the Revolving Loan Advisory Board, motion was made by Commissioner Manlove, seconded by Commissioner Hepbron and unanimously carried to grant a resolution for a conditional loan commitment to Henderson Enterprises, Inc., t/a Chem Dry, a Port Deposit area commercial carpet cleaning and restoration company started in 1995. They will use the loan proceeds to purchase a van and van truck mount system in order to expand the business. A copy of this resolution is hereto incorporated into these minutes.

- RESOLUTION – CONDITIONAL LOAN COMMITMENT TO HORN AND GRAHAM INVESTMENT RESOURCES, INC., T/A MITCO FROM THE CECIL COUNTY REVOLVING LOAN FUND –

Upon the recommendation of the Office of Economic Development and the Revolving Loan Advisory Board, motion was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried to grant a resolution for a conditional loan commitment to Horn & Graham Investment Resources, t/a Mitco to purchase the assets of Mitco Fencing, Inc., and Elkton fencing company; and provide for the continued operation of the 21-year old company. A copy of this resolution is hereto incorporated into these minutes.

- RESOLUTION – CONDITIONAL LOAN COMMITMENT TO APPLIED PRODUCTIVITY TECHNOLOGY CORPORATION FROM THE CECIL COUNTY REVOLVING LOAN FUND –

Upon the recommendation of the Office of Economic Development and the Revolving Loan Advisory Board, motion was made by Vice-President Kilby, seconded by Commissioner Hepbron and unanimously carried to grant a resolution for a conditional loan commitment to Applied Productivity Technology Corporation for the purchase of equipment and inventory to provide for the continued operation of the SeaDoo, Bomberdier franchise on MD 213. A copy of this resolution is hereto incorporated into these minutes.

- RESOLUTION– CONDITIONAL LOAN COMMITMENT TO ADVANCED ENVIROMENTAL SYSTEMS, INC. FROM THE CECIL COUNTY REVOLVING FUND –

Upon the recommendation of the Office of Economic Development and the Revolving Loan Advisory Board, motion was made by Vice-President Kilby, seconded by Commissioner Hepbron and unanimously carried to grant a resolution for a conditional loan commitment to Advanced Environmental Systems, Inc., for the purchase of steel sheet processing equipment in order to lower its processing costs. A copy of this resolution is hereto incorporated into these minutes.

- RESOLUTION – RAINTREE CORPORATION PROPERTY TAX EXEMPTION –

Upon the recommendation of County Administrator Wein, motion was made by Vice-President Kilby, seconded by Commissioner Manlove and unanimously carried to grant a resolution hereby affirming the tax credit granted to Raintree Corporation pursuant to its resolution of September 2, 1997, and further agreeing to grant a tax credit as provided for in said resolution for the fiscal year beginning July 1, 2002 and ending June 30, 2003; and further resolves that, for future years, Item 1-B of the original resolution granting the property tax credit to be stricken from any requirement for a tax credit so that Raintree Corporation shall no longer be required to provide evidence of employment in order to obtain said tax credit. A copy of this resolution is hereto incorporated into these minutes.

- AGREEMENT BETWEEN THE BOARD OF COUNTY COMISSIONERS AND THE MAYOR AND COMMISSIONERS OF THE TOWN OF ELKTON, ALTERNATE EMERGENCY OPERATIONS CENTER (AEOC)

Upon the recommendation of Mr. Wein, motion was made by Vice-President Kilby, seconded by Commissioner Guns and unanimously carried to approve an Agreement between the Board of County Commissioners and the Mayor and Commissioners of the Town of Elkton for the purpose of enhancement of the County’s Emergency Operations Center. The Town has agreed to allocate facilities at the Elkton Municipal Building, 100 Railroad Avenue, Elkton, to the County for the AEOC, specifically space within the second floor activities room in the event the primary EOC becomes disabled or is otherwise unavailable for its intended use.

- AWARD OF CONTRACT, BID 04-01, ROADWAY CULVERT –

Upon the recommendation of the Purchasing Agent and the Department of Public Works, motion was made by Commissioner Manlove, seconded by Commissioner Hepbron and unanimously carried to award Bid 04-01 Roadway Culvert installation, for the Cecil County Government Department of Public Works, Roads Division to Plesanton Excavating in the amount of $197,500.

- BID REJECTION, ELK RIVER PARK BOAT RAMP, BULKHEAD REPLACEMENT, BOARDWALK – PHASE 1 – BID NO. 03-01 -

Upon the recommendation of Eric Sennstrom, Director Planning, Zoning, Parks & Recreation, motion was made by Vice President Kilby, seconded by Commissioner Guns and unanimously carried to reject the bid submitted by Kingfisher Environmental Services, Inc., in the amount of $352,750, due to the exceeding available funding allotted for this project.

Mr. Sennstrom explained that the bid package will be revised and submitted in September.

- RESOLUTION – BAINBRIDGE DEVELOPMENT CORPORATIONS APPOINTMENTS –

Upon the recommendation of Dwight Thomey, County Attorney, motion was made by Commissioner Guns, seconded by Commissioner Hepbron and unanimously carried to approve a resolution formalizing, ratifying and confirming the Board of Directors of the Bainbridge Development Corporation and the process of selection for appointments to be used in the future.

BID AWARD – PW 98-11, REPLACEMENT OF BRIDGE NO. CE028, OLD ELK NECK ROAD SPUR OVER MILL CREEK –

Based on recommendation of Matt Carter, Director, Public Works, motion was made by Vice-President Kilby, seconded by Commissioner Hepbron to award bid PW 98-11- Replacement of Bridge No. CE 028, Old Elk Neck Road Spur over Mill Creek to PDI Sheetz in the amount of $232,042.50.

-UPDATE FOR THE DESIGN/BUILD REPLACEMENT OF MEADOWVIEW WASTEWATER TREATMENT –

Mr. Carter brought the Board up-to-date on the CIP Project of the Design and Replacement of Meadowview Wastewater Treatment Plant. Solicitations have been made to Design Groups and to date seven letters of interest were received. Two of the seven have been selected and the Department of Public Works is reviewing and will make a determination within the next two weeks, after receiving further information from the companies relating to the design capacity (1.5 mgd) of the proposed facility.

Upon the recommendation of Mr. Carter, motion was made by Vice-President Kilby, seconded by Commissioner Hepbron and unanimously carried that the Board suspend any selection at this time.

- BID AWARD – ASPHALT PAVEMENT OVERLAY BID NO. 04-03- FOR FY 2004 –

Contractor bids were received by the Purchasing Agent and the Department of Public Works for the proposed FY – 2004 pavement overlay program. Three contractors submitted bids: Meadows Construction, Inc., Daisy concrete, Inc., and American Infrastructure.

However, the bids exceed the approved budget of $2,000,000 Meadows’ bid has bee reviewed by the Department of Public Works and found to be responsive, except for acknowledgement of the addenda; they have subsequently corrected the discrepancy without prejudice to the other bidders and the Department of Public Works recommends waiving the technical error.

Commissioner Guns asked for clarification from Mr. Carter as to how the determination was made, for the fourteen roads identified and how the seven of the roads were selected for elimination.

Mr. Carter explained that all 14 roads are similar in needs; some can be broken out based on traffic use, etc. The roads had to meet funds available. The County may be able to accomplish the paving of the 7 roads if there are funds left over.

Based on the recommendation of Mr. Carter, Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to award Bid No. 04-03 Asphalt Pavement Overlay to Meadows Construction in the amount of $1,998,129.70.

Based on recommendation of Mr. Wein, motion was made by Vice-President Kilby, seconded by Commissioner Hepbron and unanimously carried to approve Budget Amendments 1 – 21.

The next meeting of the County Commissioners will be held on Tuesday, September 2, 2003 at 7:00 p.m., at 107 North Street, Elkton, MD.