The Board of County Commissioners of Cecil County met in regular session in Courtroom 1 at the County Office Building, Elkton, Maryland, on Tuesday, March 7, 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 7:00 p.m. and opened with the Pledge of Allegiance.

-         MINUTES – FEB. 15 & 16, 2000 –

The minutes of February 15 and 16, 2000, were approved as presented.

-         SPORTS COMPLEX MANAGEMENT AGREEMENT –

Mr. Ed Slicer, Parks and Recreation Manager, Mr. Michael T. Comley, President of the Babe Ruth Baseball League, Inc., Mr. Joseph Tanner, President of Cecil Soccer League, Inc. and Mr. Scott McCardell, President of Cecil County Junior Football, Inc., presented the Cecil County Sports Complex Management Agreement for recreational activities on Bard Cameron Road.

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

-         POS ANNUAL PROGRAM FOR ACQ. & DEV. –

Mr. Slicer presented the Program Open Space Annual Program for Acquisition and Development for Fiscal Year 2000 with a total of 21 projects.

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

-         PUBLIC HEARING – AMENDMENT TO ZONING ORD. –

A public hearing was held on an amendment to the Zoning Ordinance – Article IV, Section 54.4, Table of Permissible Uses; and Article V, Part III, Section 70.1 – Dwelling – Manufactured Home – Doublewide.

Mr. Eric Sennstrom, Director of Planning and Zoning, stated the proposed amendment would change the procedure for permitting doublewide manufactured homes in Rural Residential zoning districts.  Presently, they are permitted by right provided certain conditions are complied with.  With this amendment, they will be permitted in the Rural Residential district as a special exception provided certain conditions are complied with.

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

-         COMMISSIONER COMMENTS –

Commissioner Kilby reported that she attended a presentation on wildlife protection given by Rob Northrop last night at the University of Delaware. 

President Bolender reported that he attended the Relay for Life kick-off fundraiser for cancer.

-         PRESENTATION – ELK LANDING –

Mr. Bob Bryson gave a presentation of Elk Landing.  He advised that the lease has been signed, and the application for tax exempt status has been completed.  The next major problem is stabilization of the property.  Temporary roof repairs were completed today.  Brush removal is being done, but equipment is needed to remove it.  The Town of Elkton has helped them. 

A historical architect has been contacted to develop initial proposals.  A verbal agreement has been obtained from descendents of the Hollingsworth to donate historic documents that are in their possession. 

Mr. Bryson stated volunteers and membership are needed.

-         PROCLAMATION – TALL CEDAR WK. –

The Board proclaimed March 12-18, 2000, as Tall Cedar Week and presented a Proclamation to members of the organization.

-         PUBLIC COMMENT –

Mr. Roland Willard requested a traffic study at the intersection of Route 222 and New Bridge Road to determine whether a blinking light or traffic light is needed at that intersection.

Mr. Edward Newell commented in opposition to the Old Dominion power plant stating there are 18 power plants within a 70 mile radius of that site.  He requested a health impact study.

Mr. Mark Coulson presented data on nitrogen oxide that will be emitted from the Old Dominion power plant.

Mr. Ed Cairns, Chairman of the Appleton Regional Community Alliance, advised that the Court of Special Appeals ruled that the Board of Appeals did not hear enough evidence to declare the High’s store inconsistent with BL zoning.  He requested that the Board be more proactive in regard to this issue.

Mr. Jim Brown also spoke in opposition to the High’s store.

Mr. Michael Comley invited the Board to attend the first annual American Legion tournament to be held at the Sports Complex.

Mr. Roland Wills advised that Richie Brothers has started clearing land, and they have no permit.  He also spoke in opposition to the fast track permitting process.

Mr. Stan Strencejewski also expressed opposition to the fast track permitting process.  He feels it should be changed to a moratorium process.

Ms. Chris Ronald commented on the odor from the Central Landfill stating it is getting better, but it is still there.

-         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)          Jesse R. Warren, Solid Waste Division Equipment Operator Trainee, effective February 23, 2000;

2)          Matthew L. Glessner, Weed Control Coordinator, effective February 25, 2000;

3)          Robert G. Shumate, Sr., Central Garage Superintendent, effective February 25, 2000.

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 R. Blankenship, part-time Janitor, Maintenance, $8.52/hour (Grade 3) to replace James McBreen, who was appointed previously but declined the offer of employment;

2)          Wanda J. Bartlett, Solid Waste Division Weighmaster, $20,113.60 (Grade 4);

3)          Tanya M. Reinsfelder, Solid Waste Laborer, $17, 721.60 (Grade 3);

4)          Charles E. Richardson, II, Solid Waste Laborer, $17,721.60 (Grade 3);

5)          Randall E. Colonomos, Domestic Violence Shelter, temporary on-call Babysitter, $7.50/hour (Grade 2);

6)          John R. Barr, Glenn P. Carney, Charles W. Gardner, Richard T. Koch, David J. Meaders, Raymond A. Ryan, III, Larry C. Storke, Robert F. Caffrey, Mark T. Fayer, Sr., George B. Hollenbaugh, Antonio Leonardi, Jr., Robert F. Muller, and John P. Smith, II as on-call part-time positions of BioHazard Technician at hourly rates of $7.50 per hour for training, $15.00 for environmental incidents, and $30.00 for life-threatening incidents.

Upon recommendation by Ms. Anguish, motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the transfer of John A. Yedinak to Acting Superintendent of Vehicle and Equipment Maintenance.  Acting status and salary became effective February 28, 2000 ($35,651.20, Grade 10).

-         APPOINTMENT – COMMISSION ON AGING –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to appoint Rose Pepiora, P. O. Box 167, Earleville, Maryland 21919 as a member of the Commission on Aging to fill the unexpired term of Emma Hudson, said term expiring June 30, 2000.

-         DECISION – ANDERSON REZONING –

Motion was made by Commissioner Kilby, seconded by President Bolender, and carried to deny the rezoning for David and Gilda Anderson based on the applicant’s failure to adequately demonstrate a mistake in the comprehensive rezoning or a substantial change in the character of the neighborhood.  Commissioner Hepbron is opposed and stated he disagrees because he believes there has been change.

A copy of the findings of fact is incorporated as a part of these minutes.

-         FAST TRACK PERMITTING PROCESS –

Mr. Paul Gilbert, Director of Economic Development, appeared to explain the “fast track” permitting process.  He advised that the “fast track” concept does not waive any review procedures. 

An applicant would request “fast track” designation by submitting a letter to the Director of Economic Development outlining the project, estimated investment, number of jobs retained and created, job classifications, wage levels, and specific reasons that expedited permitting is necessary.

An applicant cannot seek a “fast track” designation if they have to have a rezoning, variance, or special exception.  The special designation may be granted to light manufacturing, distribution, R&D, corporate and regional office projects, tourism and agricultural facilities, retail commercial projects, and senior housing.

Mr. Gilbert advised that his office would review the economic data associated with each project and make a recommendation to the Commissioners.  Turnaround time is two days.  A copy of that approval would be forwarded to the Director of Permits and Inspections, who will serve as the “Fast Track Coordinator”.  He will convene a meeting of plans reviewers for each designated project and will maintain minutes of that meeting. 

Mr. Gilbert further advised that there has to be a legitimate reason for getting a “fast track” designation.  Time would be provided for engineering of the site and design of a building.  There will be two reviews by the County and State.  After the initial review, the consultant would have additional time to resubmit plans. 

Mr. Gilbert stated the “fast track” permitting process has been approved by the Economic Development Commission.

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the “fast track” permitting process.

-         PROFESSIONAL SERV. CONTRACT – MARKETING MATERIALS –

Mr. Paul Gilbert recommended that the Board accept the proposal of Michael Blum Associates, Inc. in the amount of $31,905 to provide professional services in connection with the creation and preparation of a new marketing concept and marketing materials that will assist his office in promoting economic development.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to accept the proposal as described by Mr. Gilbert.

-         PROPOSAL – PROFESSIONAL ENGINEERING SERVICES –

Mr. Gilbert advised that user interest has been expressed at the site of the former Firestone property in Perryville.  However, such interest is contingent on improved access to the site.  A new road has been proposed along the eastern edge of the Town of Perryville from U. S. Route 40 to MD 7. 

In order to provide industrial prospects with a commitment to construct the proposed access road, it is necessary to identify and obtain the needed right-of-way.  Mr. Gilbert recommended that the Board accept the proposal of McCrone, Inc. in the amount of $12,500 for surveying, engineering, and environmental services to establish and prepare right-of-way plats for the proposed access road.

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to accept the proposal of McCrone, Inc. as described by Mr. Gilbert. 

-         BID WAIVERS – RADIO REPAIR EQUIPMENT & COMMISSARY CONTRACT –

Mr. Al Wein, County Administrator, presented the following two bid waiver requests by recommendation of the Purchasing Agent:

P.R. 64416 – vendor: Tessco – for various radio repair and testing equipment in the amount of $16,345.81.  Tessco is the only authorized dealer in the area pursuant to Director Muller.

The second request relates to the contract renewal for Swanson Inmate Commissary Services, Inc. which expires on May 22, 2000.  The Sheriff wishes to retain the services of this vendor without bidding the contract due to two reasons:  1)  They are pleased with their services and 2)  As part of the New World Systems computer program for the Detention Center, the software interface package was specifically designed taking into consideration the current contract with Swanson.  If the contract was awarded to another vendor, a new interface package would need to be developed at an additional cost.

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

-         RESOLUTION – TRIUMPH INDUSTRIAL PK. –

Mr. Dwight Thomey, County Attorney, presented a Resolution relative to industrial redevelopment loans for James E. Waters, II, trading as Triumph Industrial Park of Elkton.  One is in the amount of $225,000.00 from the Maryland Department of Business and Economic Development pursuant to the provisions of the Maryland Industrial and Commercial Redevelopment Fund, and the other is in the amount of $300,000.00 from the Maryland Department of Business and Economic Development pursuant to the provisions of the Maryland Industrial Land Act.

Mr. Thomey explained that as part of these loan programs the County guarantees repayment of up to 40% of the initial principal amount of each loan.  The Resolution would approve a County loan of $25,000 to Mr. Waters to be used toward the cost of the improvements to Triumph Industrial Park.

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

-         UPDATE – LOT GRADING POLICY –

Mr. Fred Orr, Deputy Director of Public Works, advised that the final draft of the lot grading policy is available in his office.  The implementation date is July 1.  Comments were solicited from the Maryland Department of the Environment and incorporated into the final draft.  After legal review, it will be presented to the Board.

-         UPDATE – ODOR AT CENTRAL LANDFILL –

Mr. Fred Orr advised that the 13 flares are still operable at the Central Landfill.  The monitors have been purchased, and the proposed locations are the Cemetery Lane area around the North East Elementary School and Irishtown Road between Delaplaine and the North East High School. 

New vents will be installed on the landfill site at any brown area on the grass where hydrogen sulfide is emitted.  Mr. Orr advised  that any residential property owners who see brown areas in their yard should contact the Department of Public Works, and they will take a reading.

-         MODIFICATION TO PROJECT AGREEMENT – U. S. DEPT. OF AGRICULTURE –

Mr. Fred Orr presented a Modification to Project Agreement between the Natural Resources Conservation Service of the U. S. Department of Agriculture and this Board relative to removal of debris from streams and rivers from Hurricane Floyd.

Motion was made by Commissioner Kilby, seconded by President Bolender, and unanimously carried to approve the Modification to Project Agreement.

-         INSP. & MAINT. AGREEMENT – LANDMARK MISSIONARY BAPTIST CHURCH –

Mr. Fred Orr presented an Inspection and Maintenance Agreement of Private Stormwater Management Facilities between this Board and Landmark Missionary Baptist Church.

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

-         ESCROW AGREEMENT – LANDMARK BAPTIST CHURCH –

Mr. Fred Orr presented an Escrow Agreement for stormwater management between Landmark Baptist Church, The Peoples Bank of Elkton, and this Board.

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

-         PUBLIC WKS. AGREEMENT – SMITH CREEK –

Mr. Fred Orr presented a Public Works Agreement between this Board and John R. Harrison pertaining to 1336 L.F. of Welders Lane in the subdivision known as Smith Creek in the First Election District of Cecil County.

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

-         DEED OF PERMANENT EASEMENT – W.L. GORE & ASSOC. –

Mr. Fred Orr presented a Deed of Permanent Easement between this Board and W. L. Gore & Associates, Inc. to create a permanent easement across property owned by the County adjacent to the Pine Hills Apartment complex.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve the Deed of Permanent Easement.

-         BUDGET AMENDMENT NOS. 106-108 –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve Budget Amendment Nos. 106-108.  Copies of the Budget Amendments are incorporated as a part of these minutes.

-         BUDGET AMENDMENT NO. 3 – BD. OF EDUCATION –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve Budget Amendment No. 3 for the Board of Education in the amount of $456,282.00.

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