MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

September 7, 2004

The Board of County Commissioners for Cecil County met in regular session at the County Administrative Building, 107 North Street, Elkton, Maryland on Tuesday, September 7, 2004. The following members of the Board were present:

Nelson K. Bolender, President

Phyllis Kilby, Vice President

Harry A. Hepbron, Commissioner

William C. Manlove, Commissioner

Mark H. Guns, 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.

The minutes from the August 10, 2004, meeting of the Board of County Commissioners were unanimously approved.

The minutes from the August 10, 2004, meeting of the Board of Health, was unanimously approved.

PUBLIC HEARING – ZONING ORDINANCE TEXT AMENDMENTS –

Eric Sennstrom, Director, Planning, Zoning, Parks & Recreation presented the Board with four proposed Text Amendments to the following Articles:

Amendment to Article V, Part IV, Section 86 Hotels (3.08.000)

Amendment to Article V, Section 145 Winery (12.06.00)

Amendment to Article V, Part X, Section 131 Restaurants,

Standard (10.12.100)

Amendment to Article V, Part IV, Section 87 Motels (3.09.000)

Director Sennstrom stated that their was concern that the above ordinances were too restrictive concerning these four types of activities and rather than have individuals apply for rezoning and meet the heavy burden of proof, that the county should extend the opportunity to allow three of these types of businesses the use under a special exception. The Winery would be allowed through its use as an agricultural accessory to a business.

The Planning Commission has reviewed the proposed amendments at their August 16, 2004 meeting and recommended approval of all four text amendments.

COMMENTS IN SUPPORT: None.

COMMENTS IN OPPOSITION:

Sandor Lipsic requested information on any studies conducted relative to stormwater management, when hotels, motels and restaurants are erected. He also spoke regarding putting these type of establishments in rural settings.

Director Sennstrom replied as to the process of any type of special exception; the public hearings and notification to surrounding property owners so that their opinions may be heard at that time.

Dialogue took place between Director Sennstrom and Vice President Kilby relating to the types of establishments that may apply for this exception and what necessary procedures that are required prior to the approval of the exceptions.

President Bolender called for a vote on each of the proposed amendments separately.

Amendment to Article V, Part IV, Section 86 – Hotels

Motion was made by Vice President Kilby, seconded by Commissioner Guns and carried by a majority vote to approve the aforementioned amendment to the Zoning Ordinance. A copy of this amendment has been incorporated into the minutes and attached hereto.

VOTE: Bolender – Y Kilby – Y Hepbron – Y

Manlove – N Guns – Y

Amendment to Article V, Part IV, Section 87 - Motels

Motion was made by Commissioner Guns, seconded by Vice President Kilby and carried by a majority vote to approve the aforementioned amendment to the Zoning Ordinance. A copy of this amendment has been incorporated into the minutes and attached hereto.

VOTE: Bolender – Y Kilby – Y Hepbron – Y

Manlove – N Guns – Y

Amendment to Article V, Part X, Section 131 – Restaurants

VOTE: Bolender – Y Kilby – Y Hepbron – Y

Manlove – N Guns – Y

Amendment to Article V, Part XII, Section 145 – Winery

Commissioner Hepbron abstained from voting on this amendment

Motion was made by Commissioner Guns, seconded by Vice President Kilby and unanimously carried to approve the aforementioned amendment to the Zoning Ordinance. A copy of this amendment is incorporated into these minutes and attached hereto.

PUBLIC HEARING - QUIT CLAIM DEED AND RELEASE, HARVEY P. AND LORRAINE D. CONNER AND THE BOARD OF COUNTY COMMISSIONERS –

Al Wein, County Administrator presented the Board with a Quit Claim Deed and Release conveying a former water well site in the Highlands Subdivision to the adjoining property owners, Harvey P. and Lorraine D. Conner .

COMMENTS IN SUPPORT – None

COMMENTS IN OPPOSITION – None

Motion was made by Commissioner Guns, seconded by Vice President Kilby and carried by a majority vote to grant the conveyance of land to Harvey P. and Lorraine D. Conner.

Vote: Bolender – Y Kilby – Y Hepbron – N

Manlove – Y Guns – Y

- PUBLIC HEARING – OPTION AGREEMENT BETWEEN THE ESTATE OF IRENE MARS AND THE BOARD OF COUNTY COMMISSIONERS –

Administrator Wein presented the Board with an Option Agreement between the Estate of Irene M. Mars and the Board of County Commissioners. The subject parcel is 144 on tax map 31, being known as 16 Razor Strap Road, North East, MD, consisting of 1.37 acres recorded among the Land Records of Cecil County in Liber W.E.B. No. 27, folio 417. The County intends to develop said property for improvements to Razor Strap Road. The Owner has agreed to sell the property to the County in consideration of $160,000.00, with the closing to occur within fifteen days of the exercise of the option.

DISCUSSION:

Commissioner Guns commented that this transaction will allow the County to make the needed improvements to Razor Strap Road to allow safe passage of vehicles and school buses

COMMENTS IN SUPPORT: None

COMMENTS IN OPPOSITION: None

Motion was made by Vice President Kilby, seconded by Commissioner Hepbron and unanimously carried to approve the Option Agreement between the Estate of Irene M. Mars and the Board of County Commissioners.

- COMMISSIONER’S COMMENTS –

Vice President Kilby – commented relative to the National Rural Development Conference in which she recently attended in Oklahoma. She also announced informational meetings to be held relating to Priority Places. Vice President Kilby also commended the Boy Scouts for their efforts on behalf of the USO several weeks ago.

Commissioner Hepbron – declined comment

Commissioner Guns – commented relative to his recent opportunity to tour the Principio Furnace Mansion and discussed the many historical sites in Cecil County. He also encouraged citizens to support the Historical Society.

Commissioner Manlove – commented relative to the increase of oil prices and its relationship to urban sprawl.

President Bolender – commented about the Hart’s Church Amphitheater Concert dedicated to the memory of 9/11 victims and in support of all of the safety personnel throughout the County.

- REPORT ON CLOSED SESSION MEETING OF THE BOARD,

AUGUST 11, 2004 –

Administrator Wein presented for the record, pursuant to State Government Article of the Annotated Code of Maryland, Section 10-509 (2), a Closed Session of the Board relating to a personnel matter on August 11, 2004. The session was closed by unanimous vote of the Board in accordance with Article 10-508 (1) (c) of the Annotated Code. The topic of this meeting was a Grievance Board decision concerning an employee at the Domestic Violence/Rape Crisis Center.

- WILMAPCO INTER-REGIONAL PRESENTATION REPORT –

Tigist Zegeye and staff from WILMAPCO of New Castle County and Cecil County presented to the Board an update on the Inter-Regional Report currently underway. This study focus is a dual basis, a tool to increase communication and coordination between agencies and a data collection phase that will allow WILMAPCO to provide the demographic behavior and travel behavior analysis of the study area. The agencies taking place in this study are the Delaware Valley Regional Planning Commission of Philadelphia, the Southern Jersey Transportation Commission, Baltimore Metropolitan Council, the Lancaster County Planning Commission, the York County Planning Commission, the Dover-Kent County Planning Commission and the Planning Offices of Queen Anne’s, Kent and, Caroline of Maryland, and Sussex County, Delaware.

- DESIGNATION OF TRICK-OR-TREAT –

President Bolender announced that Trick-or-Treat will be held throughout the County on Saturday, October 30, 2004.

- PROCLAMATION FOR 911 EMERGENCY NUMBER DAY –

N. Keith Sinclair, Charles Gardner and Robert Muller on behalf of the Department of Emergency Services appeared and were presented a Proclamation by

President Bolender, on behalf of the entire Board, proclaiming September 11^th Emergency Number Day.

- PROCLAMATION FOR CECIL COUNTY HEALTH DEPARTMENT – RECOVERY MONTH –

On behalf of the Board of County Commissioners, Vice President presented a Proclamation to Karen Winkowski and Janet Ritchie of the Cecil County Health Department, proclaiming the month of September, National Recovery Month.

Janet Ritchie, Volunteer with the Cecil County Drug & Alcohol Task Force made a statement relating to the number of citizens that have been able to take advantage of services offered by the Cecil County Health Department. Ms. Ritchie stressed the need for additional resources for long-term care of abusers in the form of half-way houses.

- PUBLIC COMMENT –

Ilene Viars, 484 Elk Forest Road, Elkton – commented about the Cecil Soccer League and their plan to develop an area on Elk Forest Road for the purposes of Soccer Fields. She stated that she has several concerns, including stormwater management issues, as well as safety concerns of the roadways.

Sandor Lipsic, 1936 Old Elk Neck Road, Elkton – commented about the ethical standards that should be required for elected officials.

Kathy Gerber, 1936 Old Elk Neck Road, Elkton – commented relating to the comments made by Janet Ritchie and long term recovery programs. In addition she requested response to a written request of Mr. Lipsic.

Robert Alderson, 483 Elk Forest Road, Elkton – commented about the proposed Chesland property by the Cecil Soccer League. He expressed concerns relating to the maintenance and upkeep of the property.

Debbie Craig, 12 Spring House Court, Rising Sun – commented relating to problems that she has been having with a developer, who did not install silt fencing, resulting in mud from a construction site pouring into her pool after a heavy rain. She further commented on her dissatisfaction with the Department of Public Works and their failure to enforce and monitor stormwater management violations

Owen Thorne, 20 Hillwood Road, Elkton – commented relating to inadequate public notice to citizens of matters coming before the Board.

- PERSONNEL –

RESIGNATIONS/TERMINATIONS

Kelly K. Cover, Grant funded Volunteer Coordinator, Domestic Violence Shelter, $18.59/hour, resignation effective 08/20/04

Shawn D. Anderson, Laborer for Solid Waste Division, $9.21/hour (grade 3) rescinded employment offer

Jon D. Cairo, Laborer, Roads – Central Division, $9.21/hour (grade 3), terminated 08/11/04

Linda S. Bray, Administrative Assistant, County Commissioners’ Office, $19.15/hour (grade 6), LDW: 09/30/04, retirement effective 10/01/04

Walter Henderson, Equipment Operator II, Roads – Southern, $14.85/hour (grade 5), resignation effective 08/30/04

Paul A. Crimi, Equipment Operator I, Solid Waste Management, $10.46/hour (grade 4), quit 08/16/04

James O. Rice, Temporary Laborer, Facilities Management, $8.50/hour (grade 2), quit 08/20/04

William McCall, Jr., Haz-Mat Technician, no longer available for on-call effective 08/12/04

Nina P. Owens, Dispatcher I, Emergency Services, $11.79/hour (grade 1P1) termination effective 08/30/04

Joshua Coyle, Temporary Seasonal Worker, $8.50/hour (grade 2), quit 07/28/04

Suzanne G. Godwin, Temporary Seasonal Worker, $8.50/hour (grade 2) resigned 08/19/04

APPOINTMENTS

Laura Barczewski, Part-time Rape Crisis Outreach Coordinator, Domestic Violence Shelter, $15.32/hour, compensation to be reimbursed through Department of Social Services on a monthly basis

PROMOTIONS/TRANSFERS/RECLASSIFICATIONS

RECLASSIFY Benjamin Paulhamus from Laborer at $9.21/hour (grade 3) to Equipment Operator Trainee at $9.49/hour (grade 3), Roads – Bridge Crew, effective August 7, 2004. Increase is based on his receiving his CDL

RECLASSIFY Mary M. Rezac, Domestic Violence Shelter, from Social Worker II at $40,486 (grade 9) to Shelter Director at $42,510 (grade 10) effective July 1, 2004, (due to reorganization of the division).

RECLASSIFY Anne T. Bean, Domestic Violence Shelter from Social Worker II at $42,640 (grade 9) to Clinical Director/Acting Coordinator at $47,011 (grade 10) effective July 1, 2004 (due to reorganization of the division)

OTHER APPOINTING AUTHORITIES PERSONNEL ACTIONS

RESIGNATIONS/TERMINATIONS

Erica A. Bare, DOH: 10/30/00, Deputy First Class – Corrections, Detention Center, $15.88/hour (grade 3P4) resigned 08/26/04

Jamie R. Paulhamus, DOH: 06/28/04, Correctional Officer, Detention Center, $13.09/hour (grade 2P1) quit 08/26/04

Sarah M. Abromitis, DOH: 02/03/03, Accounting Clerk, Treasurer’s Office, $12.75/hour (grade 5), resigned 09/08/04

APPOINTMENTS

Alissa D. Cirillo, Part-time Recruiter, Sheriff’s Office, $15/hour, effective 09/07/04

Angela T. Kuhn, Court Administrator, Circuit Court, $60,000 effective 08/16/04

Erynn E. Young, on-call Senior Accountant, Treasurer’s Office – Accounting, $19.98/hour (grade 10), until the end of the year.

Stephon B. Johnson Sr., Correctional Officer, Detention Center, $13.09/hour (grade 2P1) effective 08/30/04

PROMOTIONS/TRANSFERS/RECLASSIFICATIONS

TRANSFER Sheryl A. Stevens, Program Worker in Department of Aging to Office Services Specialist, Sheriff’s Office at the same hourly rate of $16.53 (grade 5) effective 08/23/04

PROMOTE Bernard Chiominto to Detective Sergeant, Law Enforcement, $26.74/hour (grade 6L8) effective 09/04/04

PROMOTE David Ellis to Sergeant, Law Enforcement, $23.92/hour (grade 5L7) effective 09/04/04

PROMOTE David Leas to Corporal, Law Enforcement, $23.38/hour (grade 4L9) effective 09/04/04

- APPLICATION TO NAME A PRIVATE ROAD –

Mr. Sennstrom presented the Board with an Application to Name a Private Road, submitted by George A. Liller, the location of private road is 928 Frenchtown Road, proposed private road name is Burnita Lane.

Motion to approve was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried.

RESOLUTION - EIGHTH AMENDED & RESTATED LOCAL GOVERNMENT INSURANCE TRUST AGREEMENT –

Administrator Wein presented the Board for approval the Eight Amended & Restated Local Government Insurance Trust Agreement. This agreement facilitates management of the Trust’s affairs by the Board of Trustees, in the event of a Pool closure or the closure of a major component of a Pool. A copy of this resolution is attached hereto and made part of these minutes.

Motion to approve was made by Vice President Kilby, seconded by Commissioner Hepbron and unanimously carried to approve.

- DESIGNATION OF CECIL COUNTY LOCAL DRUG & ALCOHOL ABUSE COUNCIL –

Administrator Wein presented the Board for approval, a letter to Governor Ehrlich designating current members of the Cecil County Health Department’s Drug & Alcohol Task Force to the Local Drug & Alcohol Abuse Council, pursuant to new Subtitle 10, Title 8 of the Health-General Article of the Annotated Code of Maryland.

Motion to approve was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried.

- RESOLUTION - DEPARTMENT OF ECONOMIC DEVELOPMENT, CONDITIONAL REVOLVING LOAN FUND COMMITMENT TO AQUAFIN, INC. –

Paul Gilbert, Director, Economic Development and Tourism presented the Board with a Resolution granting a Conditional Revolving Loan Fund Commitment to Aquafin, Inc., in the amount $110,000.00 for the physical improvements and continued use of the former Central Chemical property. The Cecil County RLF will fund its $110,000 share of the purchase at an interest rate of 2.5%, over a 10-year term, with a 20-year amortization and a balloon payment at the end of the 10-year term. The relocation of Aquafin, Inc., will result in the creation of fourteen (14) new, full-time manufacturing jobs by 2006.

Motion was made by Commissioner Guns, seconded by Vice President Kilby and unanimously carried to approve.

- RESOLUTION – FEASIBILITY STUDY FOR BROADBAND DEPLOYMENT ON THE EASTERN SHORE –

Administrator Wein presented for approval a Resolution authorizing the execution and delivery of an agreement between the Mid-Shore Regional Council and the Maryland Department of Business and Economic Development for the purpose of conducting a Feasibility Study for Broadband Deployment on the Eastern Shore. This resolution will allow the Board of County Commissioners to designate the Mid-Shore Regional Council to apply and receive a grant of funds from the Department of Business and Economic Development of the State of Maryland to be used to assist with the costs of the feasibility study.

Motion was made by Commissioner Hepbron, seconded by Vice President Kilby and unanimously carried to approve.

- INTRODUCTION - RESOLUTION OF A HOTEL TAXING DISTRICT FOR THE TOWN OF PERRYVILLE PROPOSAL -

Administrator Wein introduced a Resolution, pursuant to the request of the Town of Perryville for the collection of a 3% Hotel Tax to become effective November 1, 2004.

- CHESLAND PARK, PHASE I, WAIVER OF BIDDING PROCESS –

Edward Slicer, Manager, Parks & Recreation presented the Board for approval a request from the Cecil Soccer League for the waiver of the formal bidding process for the installation of a roadway and parking lot for the Chesland Park, Phase I. Two bids from local bidders have been obtained and Cecil Soccer League would like to award the bid to Meadows Construction, Inc., with the State of Maryland providing funds in the amount of $174,183.84 through Program Open Space. The remainder of the funds will be paid by the Cecil Soccer League in the amount of $89, 330.16.

Motion was made by Commissioner Hepbron, seconded by Vice President Kilby and unanimously carried to approve the waiver of formal bidding process.

- DEED BETWEEN MONTGOMERY BROTHERS, INC. & BOARD OF COUNTY COMMISSIONERS – BETHEL SPRINGS SUBDIVISION, BILLY GOSS LOOP –

Mattheu Carter, Director, Department of Public Works, presented for approval a Deed between Montgomery Bros., Inc., and the Board of County Commissioners to dedicate in fee simple to the Board, two adjoining parcels in Bethel Springs Subdivision.

Motion to approve was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried.

- BID NO. 05-10 – SECURITY LIGHTING EXPANSION –

Administrator Wein presented Bid No. 05-10 for Security Lighting Expansion. Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried to approval to award Bid No. 05-10 to T.M. Cooper.

- BID NO. 05-14 – UTILITY CRANE TRUCK –

Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Manlove, seconded by Commissioner Hepbron and unanimously carried to award Bid No. 05-14 to Chesapeake Ford Truck Sales, Inc. in the amount of $58,195.

- BUDGET AMENDMENTS – Nos. 11 - 19

Upon the recommendation of Mr. Wein, motion was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried for approval of Budget Amendments 11-19.

The next meeting of the Board of County Commissioners will be held on Tuesday, September 21, 2004 at Port Deposit Town Hall.

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