The Board of County Commissioners of Cecil County met in regular session at the IN Courtroom 3 at the County Office Building, Elkton, Maryland, on Tuesday, February 16, 1999. 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 7:05 p.m. and opened with the Pledge of Allegiance.

- MINUTES - FEBRUARY 9, 1999 -

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the minutes of February 9, 1999, as presented.

- COMMISSIONER COMMENTS -

Commissioner Kilby advised that the budget process is underway and the Commissioners are meeting with various entities to ensure the lines of communication are open and dialogue regarding the budgeting process is ongoing.

Commissioner Hepbron thanked the administration and citizens of North East for the outstanding turn out at last week's Commissioners Meeting.

Commissioner Hepbron reported that he and Commissioner Bolender attended last week's MACO Legislative Session and were able to meet with Delegates Rudolph and Guns who continue to support Cecil County through their legislative actions.

Commissioner Hepbron attended an Eagle Scouts ceremony at Chesapeake City and was very honored to serve as spokesperson for the Commissioners in recognizing the achievement of this outstanding young man.

Commissioner Bolender attended LEAD Maryland seminar at the Donaldson Brown Center, a treasure in our county. Two of the 40 students of LEAD Maryland are from Cecil County. In addition to increasing their knowledge of agriculture and leadership development, the LEAD Maryland students will serve as agriculture ambassadors overseas.

- MONTHLY TREASURERS REPORT -

Ms. Pam Howard, Treasurer, appeared and presented the monthly report of the Treasurer's Office as of January 31, 1999, using figures through February 5, 1999 provided by the Finance Department. A copy of the report is incorporated as a part of these minutes.

- DEPARTMENT REPORT -

Mr. Patrick Conway, Director of Permits and Inspections, provided the Commissioners with operational information on his department. The Department of Permits and Inspections was created in 1986. The mission of the department is to assist contractors and the general public in all aspects of the codes and permit process; to administer and enforce the specific adopted building, plumbing and mechanical codes; and to ensure that the minimum standards are achieved in all construction activities within the county. The department is also responsible for the following:

The staff consists of the Director, three Code Compliance Inspectors, one Plumbing and Mechanical Inspector and three clerical positions. The staff rotate on a monthly basis between in-house plan reviews and inspecting north and south of Route 40. The hours of operation are from 7:00 a.m. until 5:00 p.m., Monday through Friday. During the last fiscal year, the department collected a total of $947,860 in fees. During the same time period, the department issued a total of 1792 building permits, 930 plumbing permits and 767 mechanical permits. During the calendar year 1998, the inspectors conducted 8471 inspections of which 7626 were building, plumbing and mechanical inspections.

- ADMINISTRATOR ITEMS -

Mr. Al Wein, County Administrator, provided an update on Senate Bill 44 as follows: six years ago the General Assembly extended the tractor trailer length limitation from 48 feet to 53 feet; at that time, there was a restriction on the transportation of hazardous materials in trucks larger than 48 feet; and, all other states allow hazardous waste transport in trucks between 48 and 53 feet in length. S.B. 44 ensures Maryland is consistent with other states and allows for the transport of hazardous materials in trucks between 48 and 53 feet in length. This information was provided by Senator Baker's office.

Mr. Wein also reported that the County Commissioners will send a letter to the Chairman of the Perryville Board of Appeals expressing their opposition to the Perryville Cogeneration Plant proposal. The hearing is scheduled for 2-25-99.

- PUBLIC COMMENT –

Mr. Roland Wills reiterated his concerns relative to Montgomery Oaks and the Whitaker Woods subdivision. Issues related to Whitaker Woods include forest retention, limited entry/exit into the subdivision, potential for erosion, and impact to the Susquehanna Trail.

Mrs. Merryman expressed concerns regarding Harbor View development. Specific issues include deterioration of roads, lack of road signage, and the inability to identify some landowners of property along the roads.

Ms. Trina Russell, president of the Harbor View Civic Association stated that the previous Commissioner gave the development stop signs which were greatly appreciated. Her comments echoed those of Mrs. Merryman in expressing concerns about impassable roads and lack of road signs and consequently, the inability of service and delivery vehicles to locate homes.

Ms. Kathleen Johnson provided the Commissioners with Agreements from Montgomery Brothers which outlines their responsibilities for water and sewer. But, the residents have no recourse for the damage and debris from the work/construction, resulting potholes, and the repairs as construction is ongoing.

Mr. Fred Orr, Deputy Director of Public Works responded that he and his staff have been out to Harbor View. The Agreement establishes the limits of current construction and the base for the roads has been laid as required. Pavement cannot be put down on the base until drier weather (as outlined in county codes) and the developer has attempted some limited grading. Mr. Orr reiterated that the ultimate product is road construction compliant with the county specifications, and at the time of completion and acceptance, the county will be able to put up county road signs. Any road signs at this time must be put up privately by the citizens or the developer since the county does not have authority until the roads are turned over to the county.

Mr. Frank Muller responded to this issue by stating that he and his staff have also been out in this development, both in the day and the night, and believes the lack of road signs and the conditions of the roads classifies this as a public safety issue. Mr. Orr and Mr. Muller will approach the developers for their cooperation and assistance.

Mr. Joe Carabetta thanked the Commissioners for their forthcoming letter opposing the Cogeneration Plant in Perryville. He has received information from the state engineers regarding improvements to the Jackson Station Road intersection with Route 40. It is hoped the state will be putting up improved signage at this intersection. The state is opposed to using mirrors due to sun reflection and liability issues.

Mr. Carabetta provided information regarding Aberdeen Proving Grounds "prescribed burning" plan to burn up fuel (dry debris that increases fire intensity) around APG. They will conduct test spot burns and then may go to prescribed burns to ensure that accidental range fires burn quickly.

Mr. Carabetta expressed his concern about the county having a reported $12 million surplus, but creating a $12 million debt increase through bonds.

Commissioner Bolender responded to these comments by reiterating that the county does not appear to have a $12 million surplus but does carry a fund balance to run government. Mr. Al Wein explained that the county reported to the state officials in January their estimate for immediate capital needs, but a debt affordability analysis has not been conducted. An example of required capital improvements would include improvements to the existing water treatment facilities in the county.

Mr. Carabetta also asked for clarification regarding the status of the composting facility at the landfill.

Mr. Fred Orr responded that this project has been put on indefinite hold until the county is confident fees will be affordable and sufficient to pay back the investment. In addition, the landfill is in Open Space Zoning and composting would require special exception.

Continuing, Mr. Carabetta reminded the Commissioners that in an effort to ensure competitive bidding in advertising, the county might want to consider another paper in the county that can serve as paper of record.

Lastly, Mr. Carabetta commented on the deterioration of the county roads, many of which sustain only light usage.

- PERSONNEL ITEMS -

Mrs. Linda Anguish, Director of Human Resources, appeared before the Board. Upon recommendation by Mrs. Anguish, a motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to appoint Fawn Dangerfield and Alyse White and Temporary Student Interns to serve in the Emergency Services office at an hourly rate of $6.50 per hour.

Mrs. Anguish also recommended to the Board adoption of revisions to the Personnel Policies and Procedures Manual, A277-104, adding Employment References, Verifications of Employment and Reporting of Claims. Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the Personnel Revisions. A copy of the Personnel Revisions is included as part of the minutes.

- PUBLIC WORKS ITEMS -

Mr. Al Wein presented a Resolution authorizing Commissioner Bolender to execute all transactions on behalf of the county and with the State of Maryland, Department of the Environment related to Cecil County Northeast WWTP BNR Upgrades. This replaces the authority previously granted to the previous President of the Commissioners, Oakley Sumpter.

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

- RESOLUTION FOR EMERGENCY SERVICES -

Mr. Al Wein presented a Resolution to delete "Emergency Management and Civil Defense Agency" from Section 162-1 and reenact with "Department of Emergency Services."

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby and unanimously carried to approve the Resolution for the Department of Emergency Services. A copy of this Resolution is incorporated as a part of these minutes.

- PERSONAL SERVICES AGREEMT. - COMMUNITY SERVICE PROGRAM

Mr. Al Wein presented for the Commissioners approval a Personal Services Agreement for the Community Service Program Grant administered by the Sheriff's Department. The grant funds are for a one year contract to provide an alternative sentencing program administered by the CARC unit of the Sheriff's Department.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Personal Services Agreement.

- BUDGET AMENDMENT NO. 101

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve Budget Amendment Number 101. A copy of the Budget Amendment is incorporated as a part of these minutes.

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

- ADDITIONAL PUBLIC COMMENT -

Ms. Trina Russell inquired as to the possibility of changing the method of payment for county taxes. Treasurer Pam Howard responded that the payment option schedule available to tax payers is decided upon by the state legislators.

Ms. Gail Evans asked the Commissioners to confirm whether county government was moving from the existing location in the Courthouse in Elkton.

Commissioner Bolender replied that there was consideration in moving the Department of Economic Development to Cecil Community College due to the quality of their facilities, accessibility, and available conference facilities.

Ms. Evans asked for clarification of using the possible bond funds for waste-water facilities.

Mr. Al Wein responded that the existing Cherry Hill Waste Water facility is over capacity and without relief, the county is in jeopardy of being cited by Maryland Department of Environment.

Ms. Evans remarked on the foul smell coming from the Elkton Waste Water treatment facility and was reminded that this is a facility managed by the town of Elkton and the county has no jurisdiction over this facility.

Ms. Evans questioned Commissioner Hepbron regarding his vending business at Cecil Community College. Mr. Hepbron responded that his business is now being managed by his sons and that he has no knowledge of any negotiations between the college and Hepbron Vending.

Ms. Evans requested an update on the Commissioners efforts to reduce or intervene in the drug problem within the county.

Mrs. Angie Barnett, Assistant to the Commissioner responded to this question on behalf of the Commissioners. Mrs. Barnett stated that she has been conducting interviews with private and public agencies, the towns, and law enforcement officials. The purpose of the interviews is to ascertain the level, type and categorization of drug use/abuse in the county, and to solicit input from these entities on their suggestions for prevention and intervention strategies that could be implemented through county government.

Mr. Clifton Beck thanked the Department of Permits and Inspections for their assistance to the town of Chesapeake City.

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

Alfred C. Wein, Jr.
County Administrator

APPROVED:
Nelson K. Bolender, President