January 26, 1999

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The Board of County Commissioners of Cecil County met in regular session in Courtroom 3 at the County Office Building, Elkton, Maryland, on Tuesday, January 26, 1999. The following members of the Board were present:

Nelson K. Bolender, President
Phyllis E. Kilby, Commissioner
Harry A. Hepbron, 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 – JAN. 19, 1999 –

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the minutes of January 19, 1999, as presented.

- WHEATLEY RD. BRIDGES –

Mr. Fred Orr, Deputy Director of Public Works, made an official statement on behalf of the Department of Public Works regarding Bridges CE-060 and CE-061 on Wheatley Road. Bridge No. CE-060 is the southernmost bridge on Wheatley Road, closest to Maryland Route 272 and crosses the West Branch. CE-061 is the northernmost bridge on Wheatley Road, closest to Blue Ball Road and crosses the Little North East Creek.

On November 30, 1998, the Department of Public Works confirmed the single unit vehicle and combination vehicle maximum gross load for these two bridges to be 6,000 pounds or three tons. These weight ratings are reflective of the conditions of both these bridges.

Mr. Orr stated for the past few weeks he has spoken with many concerned residents in the Wheatley Road area regarding some of the following issues:

1) Emergency services vehicle access to their homes.
2) Access for commercial supply vehicles and personal vehicles exceeding the posted weight ratings.
3) School bus service for their children.
4) Department of Public Works' plans for these two bridges in respect to repair and/or replacement.

The Department of Public Works will not prohibit emergency services vehicles such as ambulances or fire trucks from traversing these two bridges except in the case where a bridge would become closed to all traffic.

Mr. Orr advised that the repair plans for CE-061 fall into short-term and long-term classifications. The repair plans for CE-060 fall into a long-term classification. In an effort to effect a short-term weight limit capacity capable of supporting vehicles such as school buses, commercial supply vehicles, personal vehicles exceeding 6,000 pounds, and emergency services vehicles, DPW will immediately be repairing CE-061, the bridge closest to Blue Ball Road. They ask that, upon completion of any repairs and confirmation of the acceptable weight limits, all commercial haulers and individuals requiring personal vehicle passage across this bridge confirm their crossing safety with the Bridge Maintenance Coordinator at 410-996-6270.

Long-term solutions for CE-060 and CE-061 will be complete reconstruction requiring engineering, permitting, construction contract bidding, and the associated construction work. The Department of Public Works is in receipt of consulting proposals from engineering firms and will proceed with the design and reconstruction of these bridges with expediency.

The following persons expressed concern about the weight restrictions: Theresa Yetter, Tom Butler, Cathy Gaul, Jim Daliege, Connie Farquhar, Steve Lishowid, Ron Carter, Cliff Edwards, Mike Summers, Flo Walls, Joe Carabetta, and Brian Shultz.

President Bolender advised that letters will be sent to the residents to keep them up-to date and that the Board will do whatever they can as quickly as possible.

Senator Hooper stated this is a County road, but he is here in support. He advised that the Board is addressing the matter quickly, and perhaps the bridges can be reevaluated.

- AG. PRES. DIST. – CIARMELLO –

A public hearing was held on the application of Anthony and Karen Ciarmello to establish an Agricultural Preservation District located at 776 Little Elk Creek Road, Elkton, Maryland, presently zoned Northern Agricultural Residential.

Ms. Sandra Edwards, of the Office of Planning and Zoning, advised that the property consists of 11.3 acres on the southeast corner of Blake and Little Elk Creek Roads. Ms. Edwards explained that there is a 100-acre minimum for this program; however, smaller properties are eligible if they are contingent to other lands in the program. This property is contingent and therefore qualifies. Sixty percent of the soils qualify. Establishment of the property as an Agricultural Preservation District is consistent with the Comprehensive Plan. The property is not located within a ten-year water and sewer plan.

Ms. Edwards indicated that both the Planning Commission and the Agricultural Land Preservation Advisory Board recommend approval of this application.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to recommend to the Maryland Agricultural Land Preservation Foundation that the application of Anthony and Karen Ciarmello for an Agricultural Preservation District be approved.

- COMMISSIONER COMMENTS –

Commissioner Kilby reported that the Board recently met with the Arts Council and that they are requesting funding for an after-school arts program. She is hopeful that the Board can fund this program in the future.

President Bolender reported that the Board will meet with the Treasurer on a monthly basis. He indicated that the Board recently attended a North East Chamber of Commerce luncheon, a community leader's breakfast at the library, and a meeting on Bainbridge.

Commissioner Hepbron advised that the Board will go to Annapolis tomorrow.

- REVITALIZATION PLAN – ELKTON'S DOWNTOWN BUSINESS DIST. –

Mr. Robert Alt, Mayor of Elkton, Mr. Ed Thomas, and Bruce Galloway appeared to present a revitalization plan for Elkton's downtown central business district. Mr. Alt explained that the Town has begun to create changes such as upgrading of the Bridge Street bridge, new sidewalks and lighting fixtures, and connectors to buildings. He indicated that this project will be a six-year one. The Town hopes to attract more businesses into the downtown community. Mr. Alt stated their Board adopted this plan at their last meeting. He stated the County needs to take a role in Phase Three which is improvement of the existing parking lot behind the Court House.

Mr. Thomas gave an overview of the Town's plan. One of the goals is to improve the business features in town so that the private sector will help revitalize the central part of downtown. One of the important features is to reverse the traffic flow on Main Street. That should be accomplished by the middle of the Summer following the opening of the bridge. Mr. Thomas stated improvements on Main Street will consist of sidewalks, street furniture, street lighting, and trash receptacles. North Street, going from Main Street up past High Street, will be improved by some additional street trees and furniture. Mr. Thomas stated they hope to make better use of existing parking areas behind the Town Hall and Union Hospital. He indicated that the Court House parking lot can be designed to obtain more spaces. The Department of Natural Resources will assist in the plan in regard to surveying the parking lots.

Mr. Galloway advised that the planning stage has been completed. The bridge is underway, and the traffic pattern will be reversed on Main and Howard Streets. Main Street streetscaping, lighting, and underground utilities will go to bid in October, 1999. Mr. Galloway indicated that funds have been dedicated from MDOT and SHA for the Main Street and North Street projects. He stated they are attempting to obtain a grant from the Department of Housing and Community Development for the business people to redo their facades. They have met with area bank presidents concerning their participation. Mr. Galloway requested that the County assist in putting the plan in place. The cost of reorganizing and improving the parking lots behind the Court House will be between ½ and ¾ million dollars.

- REPORT – AGING –

Ms. Susan Twigg, Director of the Department of Aging, appeared to report on the activities of her office. She advised that the bus is available for public transportation within the Elkton area from 8:00 a.m. until 4:00 p.m. The cost is $1.00 for the public and $.50 for seniors.

Ms. Twigg indicated that their mission is to promote quality of life and to provide access to a range of benefits and services to assist in allowing the seniors to live in the community as long as possible.

The staff consists of 24 people, and the following services are provided: congregate meals, social recreation, physical fitness, health, education, transportation, legal, and shopping. Ms. Twigg stated they need volunteers to help deliver meals.

- PUBLIC COMMENT –

Mr. Joe Carabetta asked for an update on the dirt pile in Rising Sun, and Mr. Wein responded by saying that a letter was sent to Montgomery Brothers indicating that the County attorney will proceed with the court action that was initiated by the previous Board.

Mr. Carabetta asked about the intersection of Jackson Station Road and Route 7 and was advised that the Board has not received any information on that intersection.

He referred to an article in the Baltimore Sun about developers heading to Cecil County.

Mr. Carabetta asked the Board's opinion about the Perryville cogeneration plant, and President Bolender stated that it is Perryville's decision but the County will obtain more information.

Mr. Carabetta informed the Board of two employees at the landfill who drive County vehicles home each night.

He is concerned about the $65.00 per hour labor charge at the Central Garage.

Ms. Diane Carabetta asked if there is any follow-up on the anti-litter campaign. Commissioner Kilby responded by saying consideration is being given to placing signs at the landfill in regard to covering garbage. Also, inmates at the Sheriff's Department will be picking up litter in the Spring.

Ms. Carabetta inquired as to what steps are being taken to address the landfill shortage and was advised that it will be done as part of the budget process.

She feels the Board needs to take a stance in regard to the cogeneration plant as they will be using County roads.

Mr. Roland Wills spoke of the following problems in Montgomery Oaks: developers hiring people from out of the County, no permits, silt fences being down, building homes on forest retention areas, and inadequate foundations.

Mr. Jim Monger commented on the cost to redesign the parking lots behind the Court House and the possibility of the Town annexing existing enclaves such as portions of Thomson Estates.

Mr. Vance Fields expressed concern about permits being issued to developers who have no concern for the environment.

- PERSONNEL MATTERS –

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 appoint Rita A. Thompson as part-time Office Services Assistant in Economic Development at an hourly rate of $8.42 (in addition to her current appointment in EMA); also, to approve the reclassification of Robert F. Caffrey from Laborer at $17,368.00 to Equipment Operator Trainee at $17,890.00, Grade 3.

- CERTIFICATION – AG. LAND PRES. PROGRAM –

Ms. Sandra Edwards, of the Office of Planning and Zoning, appeared and advised that the County is applying to the State for certification of its agricultural land preservation strategy and program. The certification program was created by the Agricultural Land Preservation Act of 1990 for the purpose of providing additional State funds to any county able to demonstrate an effective program to preserve agriculturally viable farmland. Currently, twelve counties are certified statewide.

Ms. Edwards explained that certified counties retain 75% of the Agricultural Transfer Taxes they collect and remit only 25% to the State; whereas, noncertified counties, like Cecil County, retain one-third of the Agricultural Transfer Taxes they collect and remit two-thirds back to the State. Whether certified or noncertified, the counties must use their share of these funds for agricultural preservation purposes only. The funds remitted back to the State are used by the Maryland Agricultural Land Preservation Foundation (MALPF) to purchase permanent easements on agricultural land throughout the State. Based on a three-year average of the Agricultural Transfer Taxes collected within Cecil County, it is anticipated that an additional $65,000 (in addition to the standard 1/3 ag transfer tax) will be retained each year through certification.

Ms. Edwards advised that over the past three years the County has committed its one-third share of the ag transfer tax to the MALPF Matching Funds Program, and in doing so has leveraged an additional $234,500 in State funding for the purchase of agricultural easements within the County. The County is proposing to apply the additional funds received through certification toward the MALPF Matching Funds Program in conjunction with the County's standard one-third share of the agricultural transfer tax. Based on the use of the funds in this manner, the County anticipates that certification will allow the State to purchase easements on approximately 86 additional acres each year through MALPF round one acquisitions.

Ms. Edwards stated both the Planning Commission and Agricultural Land Preservation Advisory Board have recommended approval of the application for certification.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the application for certification of the Agricultural Land Preservation Program.

- RURAL LEGACY APPLICATIONS – SASSAFRAS RIVER & FAIR HILL –

Ms. Sandra Edwards, of the Office of Planning and Zoning, appeared and presented Sassafras River and Fair Hill Rural Legacy Area applications. She advised that the Sassafras River application is for the same area that is funded through last year's application. The lands are protected through Maryland Environmental Trust. It is a hub because of natural resources and contiguous reserved land.

The Fair Hill application consists of 16,500 acres, and about 8,000 of those are protected. There is a huge block of Maryland Agricultural Preservation easements.

Ms. Edwards stated if there is more than one application the County needs to prioritize. Staff recommends that the Fair Hill application be number one.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Sassafras River and Fair Hill Rural Legacy Area applications and to designate the Fair Hill area as the number one choice.

- PUBLIC WKS. AGREEMENT – MEADOW RUN –

Mr. Fred Orr, Deputy Director of Public Works, appeared and presented a Public Works Agreement between this Board and Gray's Hill Development Company, Inc. and Raymond B. Weed, Jr. pertaining to 312.16' of Maxwell Lane, 150.00' of North Cobble Stone Court, and 650.00' of South Cobble Stone Court in the subdivision known as Section Two of Meadow Run located in the Fifth Election District of Cecil County.

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

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