The Board of County Commissioners of Cecil County met in regular session at the Charlestown Elementary School, Charlestown, Maryland, on Tuesday, March 21, 2000.  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 6:30 p.m. and opened with the Pledge of Allegiance.

-         MINUTES – MARCH 7 & 10, 2000 –

The minutes of March 7 & 10, 2000, were approved as written.

-         PRESENTATION – BAINBRIDGE DEV. CORP. –

Mr. Harland Graef gave a presentation on the Bainbridge Development Corporation which was created in June, 1999.  In August of 1999 the State granted to the Bainbridge Development Corporation a training grant in the amount of $50,000.  The County allocated $50,000, and the Town of Port Deposit provided an in-kind grant.  An Executive Director was hired. 

Mr. Graef stated there was a Memorandum of Agreement in existence between the Navy and MEDCO.  In negotiations, it was determined that Senator Sarbanes would pass legislation for the sale price of the property to be waived.  The Navy met with the Bainbridge Development Corp. and gave their proposal of transferring the property.

Mr. Graef advised that there are 60 structures still at the Bainbridge site.  They are all condemned.  MEDCO thought the bulk of those should have been removed.  The Navy said some of the structures were built by Job Corps and were not the responsibility of the Navy. 

The Bainbridge Development Corporation submitted their plan to the Navy in December of 1999, and their proposal was rejected by the Navy.  There were three options.  Settle with MEDCO, abandon the property, or sell to a third party.  In December of 1999 the property was transferred to the Bainbridge Development Corporation.  The annexation issue was a concern to them.  They were also concerned about the landfills.  The Navy will retain the landfill for five years and continue monitoring of it and take financial responsibility.  In August of 2001 the Bainbridge Dev. Corp. will become responsible for maintaining the rubble landfill.  Mr. Graef stated their concern was the financial implications of these things.  They wanted to defray costs as long as possible.  Another concern is the fact that there is no potable water at Bainbridge.  Discussion has also been held on managing the wetlands.

-         MINUTES – MARCH 7 & 10, 2000 -

The minutes of March 7 and 10, 2000, were approved as presented.

-         PUBLIC HEARING – POS PROJECT – LEEDS ELEMENTARY SCHOOL –

A public hearing was held on a Program Open Space application for Leeds Elementary School for purchase of playground equipment. 

Mr. Edward W. Slicer, Jr., Manager of Parks and Recreation, advised that the total cost of the project is $50,000 with 75% being provided by the State ($37,500) and 25% being provided by the Leeds Elementary PTO ($12,500).

The Assistant Principal of Leeds Elementary School spoke in support of the application.

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

-         PUBLIC HEARING – POS PROJECT – ELK LANDING PROPERTY –

A public hearing was held on a Program Open Space application for acquisition of the Elk Landing property, approximately 40 acres of land and improvements at 590 Landing Lane, Elkton, Maryland.

Mr. Slicer advised that this property is of historic and scenic importance to the Town of Elkton and will possibly become a great tourist attraction.  This will be a phased acquisition.  The total cost of the project is $409,095.00.  The first phase will cost $68,000. 

Ms. Jeanne Minner, Director of Planning for Elkton, stated this phase concerns 42 acres at the South end of Landing Lane.  The property contains historic structures and farm buildings and will be used for a greenways trail.  The Town hopes to purchase additional adjacent property to increase the acreage to 82.  Ms. Minner stated the Town will contribute $68,000.

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

-         PUBLIC HEARING – POS PROJECT – SKATEBOARD PK. –

A public hearing was held on a Program Open Space application for purchase and installation of outdoor skateboard equipment for a youth skateboard park at 116 Delaware Avenue, Elkton, Maryland.

Mr. Slicer advised that the Town of Elkton is going to build a youth skateboard park at the former Public Works facility which is adjacent to Meadow Park.  The total cost of the project is $21,767.00 with 75% being provided by the State ($16,325) and 25% being provided by the Town of Elkton ($5,442).

Mr. Clyde VanDyke, Director of Elkton Parks and Recreation, stated the facility will be open to the entire County and not just the Town of Elkton.

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

-         COMMISSIONERS’ COMMENTS –

Commissioner Kilby reported that the Board attended a luncheon by the Chamber of Commerce.  She stated the Board has been trying to build relationships with different groups in the community, and the Chamber is one of those.

Commissioner Kilby thanked the EMS crew for their quick response to her in-laws residence on Sunday.

President Bolender complimented those at Charlestown Elementary School for their outstanding improvement on the MSPAP Testing.

-         TREAS. REPORT –

Miss Pam Howard, Treasurer, appeared and presented the monthly report of the Treasurer’s Office as of February 29, 2000.  A copy of the report is incorporated as a part of these minutes.

Miss Howard stated she has been working with the towns to develop a consolidated tax billing and collection program.  The program will save the towns expense for tax bills and will save the County time when the tax sale occurs.  Miss Howard feels the consolidated program will rectify the inefficiencies.  Seven out of the eight towns will participate for this year.

-         ADMINISTRATOR ITEMS –

Mr. Al Wein, County Administrator, gave an update on the excise tax proposal.  On March 8 the House Ways and Means Committee heard the House Bill version of the excise tax proposal.  Delegate Rudolph and this Board presented testimony.  On March 18 the Senate version was heard by the Budget and Taxation Committee.  Senator Baker and this Board presented testimony.  Anticipated legislation will be passed at the end of the session on April 10.

-         PLANNING & ZONING – 1999 REPORT –

Mr. Eric Sennstrom, Director of Planning and Zoning, presented the 1999 Annual Report for the Office of Planning and Zoning.  He stated his office is required by law to formulate an annual report summarizing the activities of the Office of Planning and Zoning.                                 

The report contains a summary of activities for his office concerning major subdivisions, minor subdivisions, site plans, rezonings, special exceptions, variances and appeals, agricultural preservation, and building permits.

Also contained in the report are rosters of the Planning Commission, Board of Appeals, Agricultural Preservation Advisory Board, Board of Parks and Recreation, and Office of Planning and Zoning staff.

Mr. Sennstrom stated a summary for each Election District is included relative to activities concerning development.

In the appendices is information about major and minor subdivision activity, site plans, special exceptions, variances, appeals, agricultural preservation districts, rezoning information, and building permit information.  Also included is information pertaining to Critical Area activities and building permits in the Critical Area.  Lastly, is a County land use map showing the Land Use District of the Comprehensive Plan.

Mr. Sennstrom advised that the Planning Commission approved this document with the addition of color coded pie charts which he presented to the Board.

-         PUBLIC COMMENT –

Mr. Vance Fields thanked Al Wein for consideration in responding to his questions relative to the interchange at Route 272 and I-95. 

He also commented on a dirt pile on Bailiff Road in violation of a permit issued by the County.

Mr. Edward Ellison suggested that the Board cut the Board of Education’s budget in lieu of raising taxes.  He also suggested that the sand and gravel that is leaving the County be taxed.

Mr. Roland Wills stated he went to Annapolis to testify on a builder’s bill to protect homeowners. 

He also advised that inspectors should start doing their jobs.

Mr. Wills feels that Richie Brothers is not abiding by the regulations because of land disturbance that is occurring.

Mr. John Smith, of Trinity Woods, requested help with a storm drain that belongs to Amtrak.  Mr. Fred Orr stated notification has been made to Amtrak to consider improving the pipe for adequate drainage.

Mr. Ed Cairns commented on the downzoning of two northern corners of Route 273 and Appleton Road from Commercial and cited court cases.

Mr. Bill Jeanes presented a petition of those in favor of a moratorium being declared on approval of new residential subdivisions on SAR lands south of the C & D Canal.  They are also requesting steps toward preserving their tillable acreage, as well as a tax on new housing built on converted agricultural.  Mr. Jeanes stated they are also requesting that the County Code be revised to mandate that residential developers plan for all aspects of the infrastructure necessary to support the population brought in by their business.

Mr. Bill Manlove spoke in follow-up to Mr. Jeanes’ comments stating there is a discrepancy with what is stated in the Comprehensive Plan in connection with rural legacy and smart growth.  He suggested that the Board work towards some type of impact tax.  Mr. Manlove also suggested that the Zoning Ordinance be reexamined to make it closer related to smart growth.  Infrastructure in the Southern Agriculture District is almost nonexistent.  Mr. Manlove requested that the Board consider a moratorium until such time as some of these issues can be addressed and the developers will pay for any infrastructure.

Mr. Joe Carabetta commented on increasing taxes stating the Board should have competitive bidding of legal notices and should cut the Board of Education’s budget.

Mr. Carabetta also inquired about the “fast track” process, the dirt pile in Rising Sun, and the meeting on urban boundaries. 

Mr. Carabetta commented on the Perryville access road stating public dollars should not be spent on private land.

Mrs. Diana Broomell suggested a public meeting on the Adequate Public Facilities Ordinance.  She stated there is an increased tax burden because of residential growth. 

Mrs. Broomell asked if Richie Brothers is on the “fast track” program and was advised that they are not.  She also inquired about the revenue from this business.

Mrs. Chris Ronald stated that the odor from the landfill is back again.

Mr. Charlie Bowman inquired about the progress of the Carpenter’s Point sewer project.

Ms. Judy Monger also inquired about the sewer project for Carpenter’s Point.

Mr. Jeff Ronald stated residents from the west side of the landfill have also detected the odor; it is not just isolated to Delaplaine.  He inquired as to when MDE will make a determination if there is an alternative source.

-         REAPPOINTMENTS – ELECTRICAL BD. –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to reappoint the following persons as members of the Electrical Board:

Philip S. Bathon, 75 Riverside Drive, Elkton, MD 21921 – Term to expire March 21, 2003.

Howard F. Delp, 687 Biggs Highway, Rising Sun, MD 21911 – Term to expire March 21, 2003.

Charles McCoy, 101 Lincoln Avenue, Elkton, MD 21921 – Term to expire March 21, 2002.

Joseph F. Simmons, 307 North Bridge Street, Elkton, MD 21921 – Term to expire March 21, 2002.

-         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 approve the reclassification of Tanya M. Reinsfelder from Laborer at $17,721.60 (Grade 3) to Weighmaster at $20,113.60 (Grade 4) in the Solid Waste Division, effective March 22, 2000, to replace Wanda J. Bartlett, who was appointed previously but declined the offer; also, to approve the transfer of Monty D. Johnson II, from Vehicle and Equipment Maintenance Parts Clerk to Weed Control Coordinator at the same grade and salary of $20,507.14 (Grade 4).

-         BID – UNIFORMS FOR SHERIFF’S OFFICE –

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to award the bid for uniforms for the Sheriff’s Office to Red the Uniform Tailor, Inc.

-         1999 LOCAL LAW ENFORCEMENT BLOCK GRANT – SHER. OFFICE –

Mr. Al Wein, County Administrator, advised that the County has been awarded a 1999 Local Law Enforcement Block Grant in the amount of $17,381.00.  The Sheriff’s Office will use these funds to purchase equipment for its Law Enforcement Division.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to accept the grant.

-         CONTRACT – COMMUNICATIONS SYSTEM –

Mr. Frank Muller, Director of Emergency Services, appeared and presented a contract between this Board and Carroll Buracker & Associates, Inc. for an emergency communications and dispatch study of the Cecil County communications system for the sum of $58,750.

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

-         AGREEMENT – MRDC CECILTON ANNEX FEASIBILITY STUDY –

Mr. Al Wein, County Administrator, presented an Agreement between this Board and Maryland Rural Development Corporation for completion of a feasibility study to review space utilization issues relative to the Cecilton annex building for the sum of $15,000.

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

-         RURAL LEGACY APPLICATIONS – SASSAFRAS RIVER & FAIR HILL –

Ms. Sandra Edwards, Planner II in the Office of Planning and Zoning, presented Sassafras River and Fair Hill Rural Legacy Area applications.

She explained that she is present to request approval for the County to co-sponsor the Fair Hill and Sassafras River 2000 applications.  The County co-sponsored them last year.  Ms. Edwards stated the Rural Legacy Program is a State program that was established in 1997 to protect areas rich in natural resources. 

The total acreage of the Sassafras River Rural Legacy Area is 14,500 acres.  This area abuts about 3500 acres that are already protected.

The Fair Hill area is the same area applied for last year, and $500,000 was received.  Ms. Edwards stated she has gotten a grant agreement.  She has talked to the landowners, and there is interest.  The County is requesting $2.6 million in funding.

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.

-         BID – ELK RIVER DREDGE MATERIAL PLACEMENT SITE –

Mr. Eric Sennstrom, Director of Planning and Zoning, recommended that the bid for the construction of the Elk River dredge material placement site be awarded to Crouse Brothers, Elkton, Maryland, for the sum of $227,135.00.

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to award the bid to Crouse Brothers.

-         NAMING OF PRIVATE RD. – FREYER’S LANE –

Ms. Sandra Edwards, Planner II in the Office of Planning and Zoning, appeared and advised that her office is in receipt of a request from Frances Lee Wacker to name a private road.  The proposed road name is Freyer’s Lane.  The private road currently provides access to two dwellings and two mobile homes.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the road name of Freyer’s Lane.

-         DECISION – STORMWATER MANAGEMENT APPEAL OF TIFFIN BUILDERS –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to uphold the ruling of the Department of Public Works relative to the appeal by Tiffin Builders.

-         PERPETUAL RD. MAINT. AGREEMENTS – LOWE –

Mr. Fred Orr, Deputy Director of Public Works, appeared before the Board and presented a Perpetual Road Maintenance Agreement between this Board and Robert W. and Ruth W. Lowe and Kimberly Ann Lowe; also, a Perpetual Road Maintenance Agreement between this Board and Robert W. and Ruth W. Lowe and Mark Alan Welch.

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

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

Mr. Orr presented an Inspection and Maintenance Agreement of Private Stormwater Management Facilities between this Board and Stoney Ridge Development, Inc. for Forest Knoll.

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.

-         PUBLIC WKS. AGREEMENT – FOREST KNOLL –

Mr. Orr presented a Public Works Agreement between this Board and Stoney Ridge Development, Inc. pertaining to Forest Knoll Drive and Austins Way in the subdivision known as Forest Knoll in the Fifth Election District.

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. Orr presented an Inspection and Maintenance Agreement of Private Stormwater Management Facilities between this Board and Performance Food Group, Inc.

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

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

Mr. Orr presented an Inspection and Maintenance Agreement of Private Stormwater Management Facilities between this Board and Level 3 Communications pertaining to construction of the ILA Perryville site.

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. 109-120 –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve Budget Amendment Nos. 109-120.  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

APPROVED:
Nelson K. Bolender, President