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 – SEPT. 21, 1999 –

The minutes of September 21, 1999, were approved as written.

- REPORT – CHES. BAY GIRL SCOUT COUNCIL –

Ms. Kate Grace, Grant Writer, Chesapeake Bay Girl Scout Council, Inc., appeared to give a report on the Council. A partnership between girls and adults is the basis of the program. Girls between the ages of 5 and 17 are served. In 1999 over 1200 Cecil County girls and 500 adults were involved with the opportunities of Girl Scouts. Two Cecil County girls achieved the Gold Award in 1999. Ms. Grace advised that the Council has applied to the Department of Housing and Community Development for approval of Girl Scout programming, Where Girls Grow Strong, in designated Smart Growth communities in the County and an allocation of tax credits for business entities that contribute to the project under the Department's Neighborhood Partnership Program. She requested that the Board adopt a Resolution expressing approval of the project.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to adopt the Resolution.

- PUBLIC HEARING – CHES. CITY VOL. FIRE CO. –

A public hearing was held on the application for rezoning of David Parrack, Esquire, representing Chesapeake City Volunteer Company No. 1. PROPERTY LOCATION : W/S Route 213, South of Chesapeake City, Chesapeake City, MD 21915, 2nd Election District, Tax Map 43, Parcel 6. PRESENTLY ZONED: Southern Agricultural Residential (SAR). REQUEST: Rezone approximately 16 acres of the 66-acre parcel from Southern Agricultural Residential (SAR) to Business General (BG). PROPERTY OWNER: Chesapeake City Volunteer Company No. 1, Edward Hawthrone, President. The application was read by the County Administrator, and all witnesses were sworn. A verbatim transcript of this public hearing was taken by Susan Lynch, 55 Somerset Court, Elkton, MD 21921.

Mr. David Parrack, Esquire, Mr. Edward Hawthorne, President of the Fire Company, and Mr. Dean Geracimos, contract purchaser of the property, appeared on behalf of the application. Mr. Parrack stated they would like to amend the original application to change the requested 16 acres to approximately seven acres. He presented a plat which was marked as Applicant's Exhibit No. 1 indicating the area to be rezoned.

Mr. Hawthorne testified that the Chesapeake City Fire Company purchased the property in 1994. The original plan was for the Fire Company to build a banquet facility on the property. In the succeeding years there was a change of plans with respect to the property. Mr. Hawthorne stated two primary considerations caused them to rethink the situation, one being the cost of a banquet hall and the other being that another banquet hall was not needed in the community. Mr. Hawthorne stated the number of fire calls between the canal and the Bohemia River is increasing, and it has been recognized that the people need a fire station. The Fire Company has a contract with Mr. and Mrs. Geracimos for the sale of a 66-acre parcel with the provision that five acres be retained for a substation.

Mr. Parrack called Mr. Patrick Ulrich, who was accepted as an expert in the area of real estate. Mr. Parrack presented a plat with an attached certification (marked as Applicant's Exhibit No. 2) by Donald Sutton, licensed surveyor with McCrone, indicating perc test results relating to this property. The percolation on this property exists only in an easterly portion of the property at the entrance to Bohemia Manor High School and contiguous to Route 213. Mr. Ulrich stated there is a large area on the southerly part of the property that is nontidal wetlands. In regard to change in the area, Mr. Ulrich referred to a rezoning across the highway north of the subject property (Obenshain property). Mr. Parrack presented a copy of the W. Bruce Obenshain rezoning decision dated September 27, 1996, which was marked as Applicant's Exhibit No. 3. Mr. Ulrich testified that the basis for the rezoning of the Obenshain property was mistake and change in the area. He stated there has been a population change in the area over the past five years, about a 13% increase. The Bohemia Manor High School has been remodeled. Mr. Ulrich advised that there has been a higher level of commercial activity in the neighborhood. Two restaurants have added to the atmosphere of the Town. As to mistake, Mr. Ulrich testified that the property that can be utilized is in front of the school. He had a property for sale in front of the Rising Sun Elementary School and could not sell it because of traffic. This is a high school where traffic would be greater. Mr. Ulrich stated a commercial situation would be the best use of the portion of land immediately adjacent to Route 213. If the rezoning were granted it would be consistent with the pattern of zoning that exists today.

Mr. Parrack presented a portion of Tax Map 43 showing commercial designation of properties along Route 213 which was marked as Applicant's Exhibit No. 4. Mr. Ulrich stated the rezoning would be consistent with the Comprehensive Plan.

Mr. Geracimos explained that he plans to build a multi-purpose convenience store, create something for the youth in the area, help with building a substation for the fire department and a building for the paramedics. Mr. Geracimos feels the area could support a multi-purpose convenience store due to the increased traffic on Route 213. South of the bridge there are a number of new homes and the lack of a multi-purpose convenience store. Mr. Geracimos stated the original plan was for 16 acres to include a putt-putt driving range and batting cages. A lot of people were concerned so they reduced it to seven acres which would support a championship putt-putt course and multi-purpose convenience store. Gasoline will be sold, and there will be take-out food. Mr. Geracimos stated he plans to give five acres back to the Fire Company and to donate land to the paramedics. He also plans to donate the land in front of the Bohemia Manor High School to the Board of Education. Mr. Geracimos stated he would be willing to sign a restriction of deed prohibiting the sale of liquor on the property. He feels having a fire station and paramedic station near the school is advantageous, and he has talked to a lot of people in the area who agree with him. Mr. Geracimos testified there has been a change in the community in the last few years.

Mr. Parrack stated they would be willing to accept the decision of the Board to rezone with the condition for submission of an approved site plan and survey of the area.

Mr. Parrack called Mr. Eric Sennstrom, Director of Planning and Zoning, and asked if there was any perc test data available for property in the County during the 1993 comprehensive rezoning. Mr. Sennstrom stated there was no direct information about the percolation of this specific property. Mr. Parrack also asked if the Office of Planning and Zoning maintains any records indicating the acres in commercial zoning prior to 1993, and Mr. Sennstrom stated not on a countywide basis. Mr. Parrack stated he calculated commercial zoning, and there is less than 10% of additional commercial zoning as a result of the 1993 comprehensive rezoning. Only two additional properties were rezoned to a commercial status, and this was at the request of the property owners.

Mr. Sennstrom advised that both staff and the Planning Commission recommended disapproval of the rezoning based on the applicant's failure to adequately demonstrate a substantial change in the character of the neighborhood or a mistake in the 1993 comprehensive rezoning.

Mr. Antoni Sekowski, Zoning Administrator, testified that staff defines the neighborhood to consist of an area extending out from the subject parcel defined by the southern corporate limit of the Town of Chesapeake City to the north, Cayotes Corner Road to the south, and agricultural zoned areas to the east and west.

Mr. Sekowski stated there has been one rezoning in the surrounding neighborhood since the 1993 comprehensive rezoning: Bruce Obenshain – Southern Agricultural Residential (SAR) to Business Local (BL) based on substantial change in the character of the neighborhood. Parcel remains undeveloped.

Mr. Sekowski presented the following findings of fact:

Population changes – No significant population changes.

Availability of public facilities – Public facilities in the nature of water and sewer are not presently available, nor are any planned.

Present and future transportation and traffic patterns, character, and volume – Should be adequate. Compatibility with existing and proposed development in the area – Should be compatible. Compatibility with the intent of the Comprehensive Plan – The subject parcel is located in the Resource Protection District of the Comprehensive Plan. The intent of this District is to encourage retention of agricultural lands and agricultural related activities and support the agricultural economy of the County. Nonresidential development and activity should be of limited intensity. Limited commercial activities of a local convenience and small business service nature may be permitted in appropriate locations.

Compatibility with the purposes of any Special District in which the area requested to be rezoned is located – The subject parcel is not located within a Special District.

Mr. Donald Briscoe, Treasurer of the Fire Company, appeared in support stating they need to expand. More than one-half of the fire district is south of Chesapeake City, and response time is a priority. Mr. Bob Foard spoke in support of the rezoning stating his main concern is response time for the Fire Company due to the fact that the Chesapeake City Bridge is many times closed to one-way traffic. Ms. Sarah Smith spoke in support stating another gas station is needed in the area. Also, she feels a convenience store would eliminate traffic darting across Route 213.

Mr. Teresa Carothers agreed with Ms. Smith in regard to the safety issue.

Ms. Shirley Kidner spoke in support agreeing with Ms. Smith.

Ms. Angela Badgett appeared in support stating it would create after-school jobs for some of the kids, and the convenience store would keep prices competitive.

Mr. Charles Cupeto spoke in support stating there are a lot of accidents on the bridge that tie it up. Mr. Bob Kidner spoke in support stating services are needed as close as possible due to the condition of the bridge in the Winter.

Ms. Elsie Hawthorne spoke in support stating she is in favor of recreation for young people. Ms. Connie Sawdon spoke in support stating it is important to have a fire company, and the convenience store would be a pleasure.

Ms. Joanne Craig spoke in favor of the rezoning.

Ms. Lee Brooking spoke in favor stating something is needed in the area.

Mr. William Prickett stated he does not oppose the establishment of a fire company but opposes the rezoning as this is strip zoning.

Ms. Jean Major spoke in opposition expressing concern about strip zoning and traffic.

Mr. John Litzenberg spoke in opposition expressing concern about the percolation situation.

Mr. Skip Ross spoke in opposition expressing concern about traffic.

Mr. Paul Loomis spoke in opposition expressing concern about percolation, strip zoning, traffic, and flooding.

Ms. Caroline Prickett spoke in opposition stating open space should be preserved.

Mr. Ron Cullis spoke in opposition stating the Comprehensive Plan states the area South of the canal should remain agricultural in nature.

Ms. Lee Vosters spoke in opposition stating she supports the substation but wonders if there is any other sale option of land compatible with the zoning.

Ms. Paige Howard spoke in opposition expressing concern about chemicals running into the creek. Mr. Ted Morgan spoke in opposition stating he is in support of the substation but is opposed to commercial development.

Mr. John Howard stated he is opposed to the rezoning.

Ms. Allaire Hummel stated she is opposed to commercial development but is in favor of the fire company.

Motion was made by Commissioner Kilby, seconded by President Bolender, and unanimously carried to deny the rezoning based on the fact that there has been no change in the area or mistake in zoning. Commissioner Hepbron abstained.

- PUBLIC COMMENT –

Mr. Roland Willard spoke in opposition to the Old Dominion power plant.

Mr. Ed Knowle spoke in opposition to the Old Dominion power plant.

Mr. Ronald Rae stated more information is needed from Old Dominion concerning the power plant.

Mr. Bernie Brown presented photographs of a sediment problem on his neighbor's property.

Mr. Joe Carabetta asked if the new policy regarding citizen complaints could be done by e-mail. He stated there is a lot of activity on the Principio Furnace site, and there is no silt fence.

Mr. Carabetta thanked the Board for the $20,000 for the Aberdeen Alliance.

Ms. Diane Carabetta also asked about filing complaints by e-mail.

She inquired about the dirt pile in Rising Sun, and President Bolender responded by stating the Board is waiting on a report from Soil Conservation.

- PERSONNEL ITEMS –

Ms. Linda Anguish, Director of Human Resources, appeared before the Board. Upon recommendation by Ms. Anguish, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to accept the following resignations:

1) James T. Aguirre, Bridge Coordinator in Roads, effective September 22, 1999;

2) Billy J. Bower, Laborer in Roads, effective September 30, 1999;

3) Christina M. Testoni, Planner I in Planning and Zoning, effective October 15, 1999;

4) Bethany T. Travers, Dispatcher II in Emergency Services, effective October 10, 1999;

5) April L. Ward, Temporary Office Services Assistant at the Central Garage, effective October 4, 1999;

6) Victoria L. Lawrence, on-call Substitute House Manager.

Upon recommendation by Ms. Anguish, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the following appointments:

1) Larry N. Rice, Operator Trainee in Water and Wastewater, $20,113.60 (Grade 4) replacing James Heverin, who was unable to accept appointment;

2) David G. Holmes, Water Operator Trainee (contractual), $20,114.60 (Grade 4) replacing Ernest Belcher, who was unable to accept appointment.

3) Jamie Witt, temporary/part-time student intern in Economic Development, $6.50/hour (Grade 1); 4) Vernon Tome, HVAC Inspector, Department of Permits and Inspections, $31,000 (Grade 8); 5) Falena Small, Tricia Helsel, and Janice Piper as on-call substitute House Managers at an hourly rate of $8.52 (Grade 3);

6) Rita A. Thompson, Office Services Assistant, Central Garage, $18,220.80 (Grade 3).

Upon recommendation by Ms. Anguish, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve a position upgrade from Grade 8 ($30,891.33) to Grade 9 ($32,435.89) for Sandy Turner, Tourism Coordinator in Economic Development; also, to approve the transfer of Rachel S. Brannon from Office Services Specialist in the Department of Parks and Recreation to Office Services Specialist in the Department of Emergency Services at the same salary of $22,973.18 (Grade 5).

- APPOINTMENTS – COMMISSION ON AGING –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to appoint the following persons as members of the Commission on Aging for a three-year term, expiring June 30, 2002:

Lois F. Sutherland, 104 Courtney Drive, Elkton, MD 21921

Trish Lieske, Department of Social Services, 170 E. Main St., Elkton, MD 21921 (reappointment)

Laura Lockard, 2883 Blue Ball Road, North East, MD 21901 (reappointment)

Robert Zeische, P. O. Box 1237, Elkton, MD 21921 (reappointment)

- REAPPOINTMENTS – COMMISSION FOR WOMEN –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to reappoint the following persons as members of the Commission for Women for a three-year term, said term expiring September 8, 2002:

Dr. Virginia Bailey, Cecil County Health Officer, 401 Bow Street, Elkton, MD 21921

Dorothy B. Campbell, 137 Riverside Drive, North East, MD 21901

Karen L. Emery, 84 Piney Ridge Lane, North East, MD 21901

Mie Mie Joe Strickler, 192 Blake Road, Elkton, MD 21921

- APPOINTMENTS – EC. DEV. COMMISSION –

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to appoint the following persons as members of the Economic Development Commission for a two-year term, said term expiring June 30, 2001:

Joyce Bowlsbey, 73 Laurel Run Road, Elkton, MD 21921

Candy Davis, Elkton Gas Service, 241 S. Bridge St., Elkton, MD 21921

Jane Foard, Back Creek Country Store, 100 Bohemia Ave., Chesapeake City, MD 21915

Marilyn Maurer, The Crystal Inn, One Center Dr., North East, MD 21901

Dr. Carl Roberts, Board of Education, 201 Booth St., Elkton, MD 21921

Harry Hepbron (ex-officio), County Commissioner, 129 E. Main St., Room 101, Elkton, MD 21921

Lisa Cameron, Seller's Connection, 960 W. Pulaski Hwy., Elkton, MD 21921

John Denver, Conectiv Power, P. O. Box 497, North East, MD 21901

Dr. Robert Gell, Cecil Community College, One Seahawk Dr., North East, MD 21901

Ronald McGuirk, Edgemoor Materials of MD, 284 Quarry Rd., North East, MD 21901

Michael Sack, Union Hospital, 106 Bow St., Elkton, MD 21921

Dennis Clower, 226 E. Main St., Elkton, MD 21921

Suzan Doordan, Cecil Co. Chamber of Commerce, P. O. Box 96, Elkton, MD 21921

Raymond Hamm, County Bank, P. O. Box 101, Elkton, MD 21922

Al Miller, 2545 Telegraph Rd., Elkton, MD 21921

David Thomey, Maryland Materials, Inc., P. O. Box W, North East, MD 21901

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to appoint the following persons as members of the Economic Development Commission Resource Group:

John Burkley, John K. Burkley Co., 190 E. Main St., Elkton, MD 21921

William Harris, P. O. Box 491, Cecilton, MD 21913

Sandy Patel, TIM Plastics, Inc., P. O. Box V, North East, MD 21901

Joseph Cloud, National Bank of Rising Sun, Center Square, Rising Sun, MD 21911

Jeanette Hillyer, 14 Jackson Park Rd., Port Deposit, MD 21904

Richard Towner, AAA-Mid Atlantic, P. O. Box 980, Elkton, MD 21922

David Green, Fair Hill Auto Center, 5893 Telegraph Rd., Elkton, MD 21921

Woody Jackson, Jackson Marine Sales, P. O. Box 483, North East, MD 21901

Bruce Yerkes, P. O. Box 1279, Elkton, MD 21921

- PROJECT AGREEMENT – NATURAL RES. CONSERVATION SERVICE –

Mr. Al Wein, County Administrator, presented a Project Agreement between this Board and the Natural Resources Conservation Service, United States Department of Agriculture. He advised that the Board is required to ratify the Project Agreement that was authorized September 30, 1999, by the Board. The purpose of the Agreement is to obtain funds for stream obstacle removal as a result of Hurricane Floyd. There is a 25% in-kind County match. Mr. Wein explained that the Department of Public Works will work with Soil Conservation to obtain easements in order to get the work done. Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the Project Agreement. A copy of the Agreement is incorporated as a part of these minutes.

- BID – SALT –

Mr. Al Wein, County Administrator, recommended that the bid for salt be awarded to Oceanport Industries, Inc. at $33.27 per ton.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to award the bid as described above.

- RESOLUTION – INVESTMENT POLICY REVISIONS –

Mr. Wein presented a Resolution pertaining to Chapter 175 of the Cecil County Code relating to the investment policy. Chapter 175 is repealed and reenacted incorporating changes made by Resolution on July 20, 1999, and correcting typographical errors and other refinement included within.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to adopt the Resolution. A copy is incorporated as a part of these minutes.

- BUDGET AMENDMENT NOS. 40-43 –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve Budget Amendment Nos. 40-43. Copies of the Budget Amendments are incorporated as a part of these minutes.

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to adjourn.

Alfred C. Wein, Jr.
County Administrator