The Board of County Commissioners of Cecil County met in regular session at the County Administration Building, 107 North Street, Elkton, Maryland, on Tuesday, August 21, 2001.  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 – JULY 17 & AUG. 14, 2001 – 

The minutes of July 17 and August 14, 2001, were approved as written.

-         COMMISSIONERS’ COMMENTS –

President Bolender reported that the Board attended the MACO conference last week.  He stated he was proud of the display by Tourism.

Commissioner Kilby thanked everyone who was involved in “Get Hooked on Drums – Not Drugs” and “Night Out Against Crime”, which were held in the Fletchwood area.

Commissioner Kilby also thanked the roads crew for the cleanup that was done after a bad storm about a month ago.

She thanked the participants of the Cecil County Site Planning Roundtable.

Commissioner Hepbron reported that he attended the MACO conference.

He advised of complaints received about tar and chip being used on the roads stating the roads that are done will last another four years.

Commissioner Hepbron reported that he attended the reopening of Walmart this morning.  He stated they give donations to various organizations.

He advised that he attended the Chamber of Commerce card exchange this morning.

-         TREAS. REPORT –

Ms. Pamela Howard, Treasurer, presented the Treasurer’s report as of July 31, 2001.  A copy of the report is incorporated as a part of these minutes.

-         PRESENTATION – SITE PLANNING ROUNDTABLE – CTR. FOR WATERSHED PROTECTION –

Ms. Rebecca Winer, of the Center for Watershed Protection, Ms. Kline, the Center Director, and Barry Montgomery, Lindsay Tulloch, and Pete Reich, roundtable members, gave a presentation on the results of the Site Planning Roundtable.

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

-         PUBLIC COMMENT –

Mr. Don Stoltz inquired as to whether Cherry Lane is a private or County road.  Also, he asked about the easements for the Carpenter’s Point sewer project.

Mr. Roland Wills asked about the status of the Public Service Commission reviewing the water rates, and President Bolender stated he is working on that matter.  He requested that Mr. Wills make a written request relative to the water rate issue.

Mr. Wills advised of a road that is caving in Montgomery Oaks.  He also stated the County is accepting roads ahead of time. 

Mr. Vance Fields stated the roads in Montgomery Oaks are in terrible condition.

Mr. Fields asked about the site visit that was done at the Woodlawn landfill, and Mr. Matt Carter advised that he can get a report from his office.

-         APPOINTMENTS – CANAL BANKS STUDY COMMITTEE –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to appoint the following persons as members of the Canal Banks Study Committee for a two-year term, said term expiring on August 31, 2003:

Nona Abbott, 490 Cherry Grove Rd., Earleville, MD 21919

Don Burton, 105 Tower Point Rd., Chesapeake City, MD 21915

Kay Langner, P. O. Box 79, Chesapeake City, MD 21915

Dr. John M. Williams, 2 Woodbine Circle, Elkton, MD 21921

William Jeanes, Jr., 1000 Cherry Grove Rd., Earleville, MD 21919

Richard Noennich, 1511 Elk Forest Rd., Elkton, MD 21921

Charles Smyser, Cecil Co. Health Dept., 401 Bow St., Elkton, MD 21921

-         REAPPOINTMENTS – COMMISSION FOR WOMEN –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to reappoint the following persons as members of the Commission for Women for a three-year term, said term expiring September 8, 2004:

Dianna Detwiler, 205 Atlanta Court, Elkton, MD 21921

Jane C. Murray, Public Defender’s Office, 170 E. Main St., Elkton, MD 21921

Karen Griffin, c/o McCardell & Griffin, 111 E. Main St., Elkton, MD 21921

-         PERSONNEL ITEMS –

Ms. Donna Nichols, Director of Human Resources, presented the personnel items.  Upon recommendation by Ms. Nichols,  motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to accept the following resignations/terminations:

Tonya L. Frock, on-call Janitor, Facilities Management, no longer available;

Jamie L. Whitt, Student Intern, Economic Development, effective July 20, 2001;

John P. Smith, II, on-call Biohazard Technician, Emergency Services, effective August 10, 2001;

Victoria L. Lawrence, on-call House Manager, Domestic Violence Shelter, effective August 17, 2001;

Steven C. Thomas, Equipment Operator I, Solid Waste, effective August 1, 2001.

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

Elizabeth M. Patterson, Office Services Specialist, Planning, Zoning, Parks & Recreation, $22,984.00 (Grade 5);

Mary E. Antonelli, Caseworker/Counselor, Housing Office, $30,056 (Grade 8);

Rebecca E. Long, Casework Associate, Social Services, $27,310 (Grade 7);

Aubrey Ikner, Network Specialist, Information Systems, $32,000 (Grade 7);

Stefan L. Gatewood, part-time Janitor, Facilities Management, $8.69/hour (Grade 3);

Melissa Nagy, on-call substitute House Manager, Domestic Violence Shelter, $8.69 (Grade 3);

Michael Lambert, EMS Medic, $30,052 (Grade 6P);

Robert B. Frearson, EMS Paramedic, $32,454 (Grade 7P);

Jeffrey C. Guseman, Water & Wastewater, Operator Trainee, $20,530 (Grade 4);

Emmett M. Letts, Water & Wastewater, Operator Trainee, $20,530 (Grade 4);

Robert J. Hines, Laborer, Solid Waste Division, $18,075 (Grade 3);

Daniel W. Moore, Laborer, Solid Waste Division, $18,075 (Grade 3);

Bernard McConnell, Equipment Operator I, Solid Waste Division, $20,530 (Grade 4);

Matthew R. Dixon, Laborer, Roads – District 3, $18,075 (Grade 3);

Norman J. Bannon, IV, Laborer, Roads – District 2, $18,075 (Grade 3);

Donald R. Crawford, Laborer, Roads – Bridge Crew, $18,075 (Grade 3);

Douglas R. Willis, III, Laborer, Roads – Sign Crew, $18,075 (Grade 3);

Kenneth J. Pierce, Equipment Operator I, Roads District 3, $21,112 (Grade 4);

Jeffrey P. Roberts, Equipment Operator II, Roads District 2, $29,120 (Grade 5);

H. David Holding, Temporary Seasonal Worker – Roads, $8/hour (Grade 2);

Patrick M. Steele, Temporary Seasonal Worker – Roads, $8/hour (Grade 2);

Amy J. McDonald, Tennis Instructor, Parks & Recreation, compensation to be based on class registration fees;

Kathleen A. Connor, Aerobics Instructor, Parks & Recreation, compensation to be based on class registration fees.

Upon recommendation by Ms. Nichols, motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the following promotions/transfers/reclassifications:

Increase Michael L. Evans from $28,402.40 to $35,235.00 (Grade 7) to recognize his experience and qualifications;

Promote Walter A. Morgan, IV, from EMS Paramedic at $34,076.70 (Grade 7P) to EMS Paramedic Captain at $35,780.00 (Grade 8P);

Promote Dorothy V. Warner from Office Services Specialist in the Housing Office at $23,903.36 (Grade 5) to Program Eligibility Analyst in the Housing Office at $25,272 (Grade 6);

Promote Samuel A. Craig from Equipment Operator II in Roads at $30,685.48 (Grade 5) to Crew Leader at $32,219.20 (Grade 6);

Reclassify Gregroy L. Shiel from Equipment Operator I in Roads at $25,750.45 (Grade 4) to Equipment Operator II in Roads at $27,038 (Grade 5);

Reclassify Alvin W. Wheaton from Operator Trainee in Roads at $21,351.20 (Grade 3) to Equipment Operator I in Roads at $22,651 (Grade 4);

Reclassify Robert M. Staines from Laborer in Roads at $19,348.79 (Grade 3) to Equipment Operator II at $22,984 (Grade 5);

Reclassify Michael J. Porter from Equipment Operator Trainee in Roads at $19,749.60 (Grade 3) to Equipment Operator II at $22,984 (Grade 5);

Reclassify Matthew J. Gallagher from Laborer in Roads at $18,075 (Grade 3) to Equipment Operator Trainee at $18,617.25 (Grade 3) for attaining CDL.

-         PERPETUAL RD. MAINT. AGREEMENT – CHEADLE –

Mr. Matt Carter, Director of Public Works, presented a Perpetual Road Maintenance Agreement between this Board and William A. Cheadle.

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

-         PERPETUAL RD. MAINT. AGEEEMENT – SENN & GABBERT –

Mr. Matt Carter presented a Perpetual Road Maintenance Agreement between this Board, Cloyd A. & Paula B. Senn, and Tilmon & Claudia Ann Gabbert.

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

-         BID – REPLACEMENT OF NEW CUT RD. BR. –

Mr. Matt Carter recommended that the bid for the replacement of the New Cut Road Bridge be awarded to JJID for the sum of $318,035.05.

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

-         AMENDED CONSENT ORDER – CHERRY HILL WASTEWATER TREATMENT PLANT –

Mr. Matt Carter presented an Amended Consent Order for the Cherry Hill Wastewater Treatment Plant which provides for extended dates due to delays.

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

-         GRANT AWARD – GILPIN FALLS COVERED BR. –

Mr. Matt Carter presented a grant award of up to $50,000 from the FY2002 Historic Preservation Capital Grant Program for the Gilpin Falls Covered Bridge.

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

-         AGREEMENT – NORTH EAST COMMERCE CTR. –

Mr. Matt Carter presented an Agreement between this Board and MIE Properties, Inc. acknowledging sewer restriction for the development of the North East Commerce Center.

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

-         EASEMENT APPLICATIONS – MD. AG. LAND PRES. FOUNDATION –

Ms. Sandra Edwards, of the Office of Planning and Zoning, requested approval of the prioritization of easement applications to the Maryland Agricultural Land Preservation Foundation.  She advised that there were 33 applicants, and the County must submit the top 80% for consideration, which is 26.

Ms. Edwards advised that historically the County has sent the list to the State based solely on the scores; however, this year there is a unique situation.  The property listed 25^th has an Agreement of Sale for another preservation program, which makes it a low priority. 

Ms. Edwards further stated that in order for Old Dominion to locate a power plant in Rock Springs 100 acres of farmland has to be preserved.  A property has been moved to the #1 position based on the fact that it is the closest farm, over 100 acres, to the proposed Rock Springs Power Plant site.  In the event that Old Dominion does not provide the necessary funds to purchase this property, the rankings shall be based solely on points scored per the approved County Prioritization Formula, and this property would become the seventh ranked property.

On August 9, 2001, the Agricultural Preservation Advisory Board recommended approval strictly on the point scale.

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the prioritization of easement applications as submitted by Ms. Edwards.

-         MEMORANDUM OF UNDERSTANDING – ANCHORAGE FARM SCENIC EASEMENT –

Ms. Sandra Edwards presented a Memorandum of Understanding for Anchorage Farm Scenic Easement.  She advised that the County submitted an application for TEA-21 funding for a scenic easement located north of Cecilton.  The Memorandum of Understanding outlines the responsibilities of the County.  Ms. Edwards advised that the easement to be purchased will allow no construction of homes.

Motion was made by Commissioner Kilby, seconded by President Bolender, and carried to approve the Memorandum of Understanding.  Commissioner Hepbron is opposed.

Motion was made by Commissioner Hepbron, seconded by President Bolender, and carried that no additional ag tax revenues are to be used until the County is reimbursed.  Commissioner Kilby is opposed.

-         GRANT AGREEMENT – REVOLVING LOAN FUND –

Mr. Paul Gilbert, Director of Economic Development, presented a Grant Agreement between this Board and the Department of Business and Economic Development relative to the $140,397 grant used as matching monies from the County Revolving Loan Fund. 

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

- AGREEMENT – PV. ACCESS RD. –

Mr. Paul Gilbert presented an Agreement between Glen Springs Holdings, Inc., this Board, and the Town of Perryville relative to the public road from U. S. Route 40 to Maryland Route 7.

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.

-         AMENDMENT TO LOAN AGREEMENT – GLOBETEC, INC. –

Mr. Paul Gilbert presented a First Amendment to Loan Agreement and Related Agreements relative to a $40,000 term loan that the County finalized for Globetec, Inc.  He advised that $40,000 was the County’s match.  The Department of Business and Economic Development has presented modifications to the loan covenants relative to an extension of the interest deferral period from two to three years. 

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

-         RATIFICATION – DRUG TASK FORCE FORFEITURE AGREEMENT –

Mr. Al Wein, County Administrator, presented the Cecil County Drug Task Force Forfeiture Agreement for the Board’s ratification.  Mr. Wein advised that the Agreement was signed on July 17 by President Bolender, Commissioner Hepbron, John Scarborough, David Mitchell, and Rodney Kennedy.  This Agreement outlines the procedures for distribution of property and/or money forfeited as a result of investigations by the Cecil County Drug Task Force. 

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

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

-         BID – HARBOR VIEW DEV. II –

Mr. Al Wein recommended that the bid for Harbor View Park Development II be awarded to All Recreation, Inc. for the sum of $24,990.00.

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to award the bid to All Recreation, Inc.

-         BIDS – COUNTY EQUIPMENT –

Mr. Al Wein recommended the award of the following bids:

Four-wheel, four-door utility truck for Department of Public Works – Advantage Dodge - $27,607

Two each one-ton crew cab dump truck with snow plow & salt spreader for Department of Public Works – Chesapeake Ford Truck Sales, Inc. - $104,198

One-ton utility truck with snow plow for Department of Public Works – Chesapeake Ford Truck Sales, Inc. - $42,415

Three each transport trailers for Department of Public Works – Area Trailer Sales - $33,600

Rubber tire front end loader for Department of Public Works – Standard Equipment - $81,900

Broom tractor for Department of Public Works – United Rental, Inc. - $18,600

Trailer mounted vacuum leaf collector for Department of Public Works – United Rental, Inc. - $14,194

Wheel loader, 4x4 with 5 cubic yard bucket for Department of Public Works – Eagle Power Equipment - $230,240

Five Hewlett Packard Workstations for Department of Public Works – CDW-G - $14,000

4-wheel drive sport utility vehicle for Permits and Inspections – Williams Chevrolet-Olds - $24,850

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to award the bids as listed above.

-         BID – ONE-TON CHASSIS CAB 4x4 P/U TRUCK –

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to reject the bid of Chesapeake Ford Truck Sale, Inc. for a one-ton chassis cab 4x4 P/U truck for the Department of Public Works, as the proposed vehicle did not meet the suspension specifications.

-         BUDGET AMENDMENT NOS. 18-31 –

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve Budget Amendment Nos. 18-31.  Copies of the Budget Amendments are incorporated as a part of these minutes.

-         BUDGET AMENDMENT NOS. 6-9 – BD. OF EDUCATION –

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve Budget Amendment Nos. 6-9 for the Board of Education.

-         OBENSHAIN REZONING –

A public hearing was held on the application for rezoning of Doris V. Obenshain, PROPERTY LOCATION: Route 213, Chesapeake City, MD 21913, Election District: 2, Tax Map: 43, Parcel: 440, PRESENTLY ZONED: Business Local (BL) and Southern Agricultural Residential (SAR). REQUEST: Change 3.018 acres of BL to SAR.  PROPERTY OWNER: Wallace G. and Elizabeth F. Obenshain.

Ms. Doris Obenshain testified that the three acres that had been subdivided in 1997 for the purpose of a medical office building are no longer intended to be used for that purpose.  Because it was for that specific purpose, she feels it is in good faith to revert back to SAR. 

Ms. Obenshain advised that 91 acres have been placed into forest conservation. 

Mr. Cliff Houston, Zoning Administrator, testified that the neighborhood consists of an area extended from the subject parcel defined by the southern corporate limit of the Town of Chesapeake City to the north, Cayots Corner Road to the south, Bohemia Manor High School to the west, and the Agricultural Districts to the east.

Mr. Houston advised that this parcel was rezoned from SAR to BL in 1996.  There has been no other rezoning in the area since the 1993 comprehensive rezoning.

The Planning Commission recommended approval based on change in the neighborhood.

Mr. Houston presented the following findings of fact:

1)      Population changes – The census tract has increased by 20.5%, and the County has increased by 20.5%.

2)     Availability of public facilities – Public sewer and water are not available to this parcel.

3)     Present and future transportation and traffic patterns, character, and volume – All access would be off Route 213.  Any future entrance would have to be approved by the Maryland State Highway Administration.

4)     Compatibility with existing and proposed development in the area – Should be compatible with existing and/or proposed development.

5)     Compatibility with the intent of the Comprehensive Plan – This property is located in the Resource Protection District of the Comprehensive Plan.  The goal of the Resource Protection District is to encourage the protection of prime agricultural land and resist encroachment of development into them.

6)     Compatibility with the purposes of any Special District in which the area requested to be rezoned is located – This parcel is not located within any special district.

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

A copy of the findings of fact is 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