The Board of County Commissioners of Cecil County met in regular session in their office at the County Office Building, Elkton, Maryland, on Tuesday, July 6, 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 2:00 p.m. and opened with the Pledge of Allegiance.

- MINUTES – JUNE 15 & 24, 1999 –

The minutes of June 15 and 24, 1999, were approved as written.

- COMMISSIONER COMMENTS –

Commissioner Hepbron reported that he recently attended the Maryland Municipal League conference. Commissioner Hepbron also advised that he attended the salute to the veterans in North East this past weekend.

Commissioner Kilby reported that the Board is proceeding on the Carpenter's Point sewerage project.

President Bolender reported that he recently attended a WILMAPCO meeting.

President Bolender advised that he and Commissioner Kilby judged an antique car show.

- AWARDS – OWENS & SIKES –

The Board presented an award to Mr. Luke Owens, an upcoming writer, for his outstanding achievement in scholarship, leadership, and citizenship and an award to Mr. Ray Sikes, the teacher who inspired Mr. Owens to become a writer.

- REPORT – MARYLAND'S TRIBUTARY TEAM –

Ms. Lauren Wenzel and Mr. Alan Girard, members of Maryland's Tributary Team, appeared to give an update on regional Chesapeake Bay initiatives. Their goal is to restore the habitat and improve the water quality of the Chesapeake Bay. Over the next two years, the Teams will be involved in the following three key Chesapeake Bay Program initiatives: a new Chesapeake Bay Agreement (updating the 1987 Agreement), a new Maryland Local Government Partnership Agreement (updating the 1993 Agreement), and revising the 40% nutrient reduction goals and ensuring that these loads do not increase after the reductions have been achieved.

- ADMINISTRATOR ITEMS –

Mr. Al Wein, County Administrator, advised that the next Board meeting will be held on July 20 at the Cecilton firehouse at 7:00 p.m. There will be a meeting on August 31 at 2:00 in the Commissioners' Office. In September the Board will commence their weekly meetings in Courtroom 1.

- REPORT – MD RURAL DEV. CORP. –

Mr. Kevin Brooks, Executive Director of Maryland Rural Development Corporation, appeared before the Board. He advised that MRDC is a community action agency for the County, and they provide services to low income families.

Mr. Brooks stated they administer the Head Start Program in the County. Centers are located in Cecilton, Elkton, and North East, serving 132 children.

MRDC also provides transportation services to low income families and administers the Circuit Rider Town Management Program providing technical assistance in administrative oversight for the Towns of Port Deposit and Charlestown.

Mr. Brooks advised that MRDC impact upon the County is in the amount of $853,000.

Mr. Gary Sawyer, Community Services Director, advised that their transportation services have been declining over the past three to four years. Many of the agencies have started their own programs, but MRDC does still provide transportation for various groups.

Mr. Sawyer stated their regional office for Head Start and transportation is located on Mechanics Valley Road in North East.

President Bolender advised that MRDC has been involved with plans for the Cecilton annex, and Mr. Brooks stated they hope to bring services to the lower part of the County from that site.

- PUBLIC COMMENT –

Mr. Roland Wills advised that the Planning Commission allows developers unlimited time to speak, and citizens are only allowed five minutes.

Ms. Michele Wimer expressed concern about the Mt. Zoar Mobile Home Park and overcrowding of schools.

Ms. Trina Sigwart stated she disapproves of a mobile home park in Conowingo. She is concerned about water and sewerage and overcrowded schools.

Mr. Roland Willard, of Rock Springs Community Alliance, commented in opposition to the proposed site of the Old Dominion Cooperative Power Plant to be erected on Route 222 at Rock Springs. He stated the quality of life for the surrounding residents will be severely impacted if this facility is built. Mr. Willard suggested the abandoned Firestone Plant in Perryville or the Bainbridge site as alternate sites.

Mr. Gregg Boyd commented on problems with grading, etc. with his home that is being built in Paradise Pines by Sunrise Builders LC.

Mr. Stan Strencejewski stated there are many problems in Mr. Boyd's home and that inspectors are not doing their jobs. He also stated that MDE recently came to his home and that they saw extensive runoff across the street from his property.

Mr. Bernie Brown, Treasurer of the Conowingo PTA, expressed concern about the approval of a new type of sewerage system at Mt. Zoar Mobile Home Park and the project being approved for the original request of 300 homes.

Mr. Dave Harris spoke in opposition to the water and sewerage systems to be placed in Mt. Zoar Mobile Home Park by the Catalyst Group.

He also objects to the actions of Mr. Walbeck, Chairman of the Planning Commission.

Mr. Bill Webb stated this system at Mt. Zoar should not be put in by a public company on private property as there will be no control.

Ms. Suzan Doordan, Executive Director of the Chamber of Commerce, spoke in support of the Resolutions for Triumph Industrial Park that are on the agenda, as well as the Resolution for a real property tax credit for North East Commerce Center.

Mr. Steve Leas stated the Mt. Zoar Mobile Home Park project has already been approved, and he feels the most effective water and sewerage system is one owned by a public utility company.

Mr. Dave Leas also spoke in favor of a system owned by a public utility company.

- 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) Philip A. Giesing, Planner II in the Planning and Zoning Office, effective July 2, 1999;

2) Wanda S. Tillinghast, Equipment Operator Trainee in Solid Waste, effective June 24, 1999;

3) Timothy K. Bowman, Operator Trainee in Water and Wastewater, effective July 9, 1999;

4) John A. McLennan, part-time Van Driver, effective June 30, 1999.

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

1) Paul S. Wilson, Jr., Temporary Laborer at the Central Garage, $8.52, Grade 3, effective June 29, 1999;

2) Sylvia E. Honesty, Operator Trainee in Water and Wastewater, $20,113.60, Grade 4 (replacing Judith Jamison, who was appointed but declined the offer), effective July 6, 1999;

3) Michael J. Porter, Temporary Seasonal Worker in Roads, $7.50, Grade 2, effective July 1, 1999;

4) Michele K. Heath, Social Worker I at the Domestic Violence Shelter, $29,452.80, Grade 8, effective July 12, 1999;

5) Shelley S. Thompson, part-time Program Associate in the Department of Aging, $8.52, Grade 3;

6) Eudena Haley, Volunteer Coordinator at the Help Center, $22,526.40, Grade 5;

7) Karen Harris, Office Services Assistant at Soil Conservation, $17,721.60, Grade 3;

8) Ruth Horn, Office Services Assistant in Finance, $17,721.60, Grade 3;

9) Lynn Munzert and Joanne Keane, Safetyville Instructors at $525.00 for each two-week instruction to be compensated from the fees associated with this Summer's Safetyville Program.

Upon recommendation by Ms. Anguish, motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the transfer of Donna M. Carroll, EMS Medic, $22,973.18, Grade 5, to on-call status, effective July 9, 1999, at $11.04/hour; also, to approve the transfer of Joel R. Wadkins, Paramedic, $27,299.58, Grade 7, to on-call status, effective July 30, 1999 at $13.12/hour.

- APPOINTMENT – BD. OF LICENSE COMMISSIONERS –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to appoint Tim Snelling, 328 Elm Street, Box 733, Perryville, Maryland 21903 as a member of the Board of License Commissioners for a three-year term, said term expiring June 30, 2002.

- APPOINTMENTS – CECIL MENTAL HEALTH PARTNERSHIPS –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to appoint the following persons as members of the Cecil Mental Health Partnerships for a three-year term, said term expiring June 30, 2002:

Gretchen Gomoll, 100 Cambridge Road, Elkton, MD 21921 (reappointed)

Nancy Fish, 504 North Street, Elkton, MD 21921

Rich Wilkerson, Cecil County Public Schools, 201 Booth Street, Elkton, MD 21921

- APPOINTMENTS – GRANT ADV. BD. FOR U.S. DEPT. OF JUSTICE GRANT –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to appoint the following persons as members of the Grant Advisory Board for the U. S. Department of Justice Grant for a one-year term, said term expiring June 30, 2000:

DFC Don Kellum, Cecil County Sheriff's Office, 500 Landing Lane, Elkton, MD 21921

John Scarborough, State's Attorney, 129 East Main Street, Elkton, MD 21921

Judge Dexter Thompson, 129 East Main Street, Elkton, MD 21921

Stepp Mika, Cecil County Board of Education, 201 Booth Street, Elkton, MD 21921

John Bennett, P. O. Box 328, North East, MD 21901

- REVISED VLOSAP BY-LAWS –

Mr. Al Wein, County Administrator, presented the revised Volunteer Length of Service Award Program by-laws which deal with three changes: 1) designation of Director of Emergency Services as the VLOSAP liaison 2) more specific definition of a VLOSAP Administrative Committee and the VLOSAP Review Board 3) provides for more efficient record keeping between the fire companies, Cecil County Firemen's Association, and Emergency Services.

Mr. Wein advised that the Firemen's Association approved the revised by-laws.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the revised VLOSAP by-laws. A copy is incorporated as a part of these minutes.

- RD. NAMING – SEAHAWK DR. –

Ms. Christina Testoni, of the Office of Planning and Zoning, appeared and advised that her office received a request from Dr. Robert Gell, President of Cecil Community College, to name the private road leading into the College, which is located at the intersection of Routes 272 and 274. The requested road name is Seahawk Drive.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the request to name the private road "Seahawk Drive."

- RESOLUTION – CATALYST GROUP LIMITED PARTNERSHIP –

Mr. Al Wein, County Administrator, advised that on June 15, 1999, he presented a Resolution which would grant Catalyst Group Limited Partnership, developer of Mt. Zoar Manufactured Home Park, permission to either construct and operate water/sewer systems for this development or enter into a contract with a regulated public utility company to own, construct, and operate the water/sewer facilities.

At the meeting on June 15 the Board tabled a decision on the Resolution until after it had been presented to the Planning Commission. Mr. Wein advised that the Planning Commission has recommended that the following paragraph be added to the Resolution: That the party who shall own and operate the water and sewer systems within the Property shall be approved by the Department of the Environment and the Board of County Commissioners of Cecil County pursuant to Section 175 of the Zoning Ordinance of Cecil County.

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

- RELEASE – PNC REALTY HOLDING CORP. –

Mr. Dwight Thomey, County Attorney, presented a Release pertaining to industrial property located on the south side of Maryland Route 279. He advised that the property is proposed to be sold to a company, and when they received the title report there were restrictions concerning water and sewerage service issues. Most of the documents have expired.

Mr. Thomey explained that these documents need to be released in order to get clear title to the property with the hope that an industrial company will acquire the property.

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

- RESOLUTION – TRIUMPH INDUSTRIAL PK. –

Mr. Paul Gilbert, Director of Economic Development, presented a Resolution pertaining to endorsement of an application of James E. Waters trading as Triumph Industrial Park for a $300,000.00 Maryland Industrial Land Act Loan to be guaranteed by the Board of County Commissioners to the extent of $120,000.00 for a 7,200 square foot expansion of the research and development laboratory of DuPont Dow Elastomers located in the Triumph Industrial Park.

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

- RESOLUTION – TRIUMPH INDUSTRIAL PK. –

Mr. Gilbert also presented a Resolution pertaining to endorsement of an application of James E. Waters trading as Triumph Industrial Park for a $250,000.00 Maryland Industrial and Commercial Redevelopment Fund Loan of which $225,000.00 is to be loaned by the State of Maryland and $25,000.00 is to be loaned by Cecil County to be used for proposed improvements to and resurfacing of the streets within the Triumph Industrial Park.

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

- RESOLUTION – REAL PROPERTY TAX CREDIT FOR N.E. COMMERCE CTR. –

Mr. Gilbert presented a Resolution to approve a real property tax credit against the County property tax imposed on the eligible assessment for property in the enterprise zone known as North East Commerce Center.

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

- RESOLUTION – TIPPING FEE RATE FOR TIRES –

Mr. Al Wein, County Administrator, presented a Resolution readopting the Rules and Regulations for the Division of Solid Waste Management with modifications to the tipping fee rate for tires, as follows:

Passenger car tires:
$1.00 each tire, off rim
$2.00 each tire, on rim (no change)

Truck Tires Exceeding 16.5" Rim Diameter:
$4.50 each tire, off rim
On-rim tires will not be accepted

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

- BIDS – ROAD OVERLAYS –

Mr. Al Wein advised that the following bids were received for road overlays:

District 1 – Grapes Paving Co. - $441,565.50

District 2 – Dixie Construction - $748,804.93

District 3 – Dixie Construction - $329,467.15

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to award the bids for road overlay as presented.

- PUBLIC WKS. AGREEMENT – LAZY GIRLS FARM –

Mr. Wein presented a Public Works Agreement between this Board and Mark F. and Sandra K. Smith pertaining to 380' of Lazy Girls Farm Lane in the subdivision known as Lazy Girls Farm located in the Third District of Cecil County.

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

- PERPETUAL RD. MAINT. AGREEMENT – MAGRAW –

Mr. Wein presented a Perpetual Road Maintenance Agreement between this Board and James S. and Deborah Magraw, and Jeannette E. Magraw pertaining to property on Blythedale Road.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Perpetual Road Maintenance Agreement.

- PERPETUAL RD. MAINT. AGREEMENT – FUTTY & BOWLIN –

Mr. Wein presented a Perpetual Road Maintenance Agreement between this Board, John C. Futty, Jr. & Ronda Lea Futty, and Robert Bowlin pertaining to property on Hances Point Road.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Perpetual Road Maintenance Agreement.

- PUBLIC WKS. AGREEMENT – KINGS WAY NINETY-FIVE, INC. –

Mr. Wein presented a Public Works Agreement between this Board and Kings Way Ninety-Five, Inc. for public sanitary sewer and water utilities for Harbour View, Section IID.

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

- INSP. & MAINT. AGREEMENT OF PRIVATE STORMWATER MANAGEMENT FACILITIES –

Mr. Wein presented an Inspection and Maintenance Agreement of Private Stormwater Management Facilities between this Board and the Board of Education pertaining to Bainbridge Elementary School.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Inspection and Maintenance Agreement of Private Stormwater Management Facilities.

- BUDGET AMENDMENT NOS. 1 & 2 –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve Budget Amendment Nos. 1 and 2, contingent upon a listing of Y2K related expenses for Budget Amendment No. 2.

Copies of the Budget Amendments are incorporated as a part of these minutes.

- BUDGET AMENDMENT NOS. 5-8 – BD. OF EDUCATION –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve Budget Amendment Nos. 5-8 for the Board of Education.

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

Alfred C. Wein, Jr.
County Administrator

APPROVED:
Nelson K. Bolender, President