The Board of County Commissioners of Cecil County met in regular session in their office at 107 North Street, Elkton, Maryland, on Tuesday, April 2, 2002.  The following members of the Board were present:
Nelson K. Bolender, President
Harry A. Hepbron, Commissioner

The meeting was called to order by President Bolender at 7:00 p.m. and opened with the Pledge of Allegiance.

-         MINUTES – MARCH 19 & 27, 2002 –

The minutes of March 19 and 27, 2002, were approved as written.

-         COMMISSIONERS’ COMMENTS –

Commissioner Hepbron reported that the Board has been holding budget meetings.

President Bolender announced that Commissioner Kilby is not present yet because she went to Annapolis.  She was nominated as one of 17 finalists for the Maryland.com Women of Achievement awards.

-      CERTIFICATES OF RECOGNITION – CECIL COMMUNITY COLLEGE ACADEMIC COMPETITION SPELLING BEE –

Dr. Stephen Pannill, President of Cecil Community College, stated they are sponsoring some academic competitions; and one was a spelling bee.  Certificates of Recognition were presented to Ian McDonald, Ian McCamant, and Katie Rose, first place winners, in the spelling bee.

-         PROCLAMATION – 2002 MARYLAND CHIEF’S CHALLENGE MONTHS –

The Board presented a Proclamation to Lt. Bruce Diehl, the new Commander of the Maryland State Police,  North East Barrack, proclaiming the months of April and May as 2002 Maryland Chief’s Challenge Months in Cecil County.

-         PROCLAMATION – SEXUAL ASSAULT AWARENESS MONTH

The Board presented a Proclamation to Karen Dunne proclaiming the month of April, 2002, as Sexual Assault Awareness Month.

-         PUBLIC COMMENT –

Mr. Roland Wills requested that the Board not accept the deed for Pine Cone Drive and Crows Foot Drive in Montgomery Oaks.  He stated the road was not put in right, and County Code is being violated.  There is water runoff and sink holes.

Ms. Louise Cooper requested that the Fell Road Bridge be reconstructed.

Mr. Manifred Cooper stated he feels the Fell Road Bridge is a necessity.

Mr. Louis Siewierski stated federal money was designated for the Fell Road Bridge, and it should be reconstructed.

Mr. Larry Clark requested that the Fell Road Bridge not be restored.  He expressed concern about an increase in traffic and safety of the children.

Mr. Vaughn Ellerton commented on the budget for the Board of Education stating the requested increase is not justifiable.  In regard to the budget for the Sheriff’s Office, Mr. Ellerton stated the reasons for the requested increase were not presented.  He commented on the budget for the Department of Public Works stating the operating budget should be reduced by 10%.

Mr. William Fell spoke in favor of the Fell Road Bridge reconstruction and suggested that the County road crew do the work in order to reduce costs.

Mr. John Henderson spoke in favor of the Fell Road Bridge reconstruction and expressed concern about safety.

Commissioner Kilby entered the meeting at this time.

-         RESTORATION – FELL RD. BRIDGE –

Commissioner Kilby advised that she has addressed the issue of cost.  She spoke with staff from the Soil Conservation Office to get an assessment of the savings for a timber bridge as opposed to a full-blown bridge.  She also discussed the possibility of a single-span bridge as opposed to a dual bridge with Mr. Matt Carter, Director of Public Works.

Commissioner Kilby stated she understands the concerns about trash, etc.  However, the Board has supported economic development over the last three years; and agriculture is part of that economic development equation.  Commissioner Kilby advised that a lot of farmers use the road and not restoring it would continue to create a handicap to them in making a living.

President Bolender stated he looked at the bridge and disagrees with Mr. Fell when he said that nothing would have to be done to the bridge.  President Bolender advised that major repairs are needed at the other end, and he has a problem with spending County money to restore the road and bridge.

Commissioner Hepbron stated there are no homes up and down this stretch of road.  It is not serving a population other than the people who use it as a shortcut, and he cannot see spending any kind of money on it. Commissioner Hepbron stated the money can be better used on roads for people to travel to go to work.

Motion was made by Commissioner Hepbron, seconded by President Bolender, and carried to leave the bridge closed.  Commissioner Kilby is opposed.

-         BID – IMAGE SCANNER –

Mr. Al Wein, County Administrator, recommended that the bid for an image scanner for the Information Systems Office be awarded to Hilyard’s, Inc. for the sum of $17,430.00.  The present scanner will be used by the Treasurer’s Office.

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to award the bid for the image scanner to Hilyard’s, Inc.

-         BID – ELK MILLS PROPERTY LEASE – 

Mr. Wein recommended that the bid for Elk Mills property for farming purposes be awarded to David Mackie for $42.00 per acre for a one-year term.

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

-         AGREEMENT FOR PAYMENT IN LIEU OF TAXES – ROCK SPRINGS GENERATION & OUTWATER FUNDING –

Mr. Dwight Thomey, County Attorney, presented an Agreement for Payment in Lieu of Taxes between Rock Springs Generation, LLC,  Outwater Funding, Limited Partnership, and this Board.

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the Agreement for Payment in Lieu of Taxes.

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

-         AMENDED & RESTATED DEED OF EASEMENT & RESOLUTIONS – GILPIN FALLS COVERED BRIDGE -

Mr. Dwight Thomey presented an Amended and Restated Deed of Easement with Conditional Security Agreement, as well as a copy of two Resolutions pertaining to Gilpin Falls Covered Bridge.  One Resolution authorizes the County to accept a grant of $25,000.00 toward design of improvements to Gilpin Falls Covered Bridge, which is to be matched by local County money of $30,000.00.  The other Resolution is for acceptance of a grant of $50,000.00 to be applied toward construction of improvements to Gilpin Falls Covered Bridge, which is to be matched by County funds of $100,000.00.

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to approve the Amended and Restated Deed of Easement and Resolutions.  Copies are incorporated as a part of these minutes.

-         GRANT AGREEMENT – REVOLVING LOAN FUND –

Mr. Dwight Thomey presented a Grant Agreement between the Department of Business and Economic Development and this Board with regard to the Department of Business and Economic Development grant for an additional $86,931 to be applied to the Cecil County Revolving Loan Fund for small businesses.  The County will be matching the funds received in this grant with the same amount of funds to be received from repayment of the loan to Moon Industries pursuant to the program from a Small Cities Development Block Grant Loan made to Moon Industries previously.

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

-         FARR CREEK BUYOUT –

Mr. Dwight Thomey stated he had settlement today on five properties relative to the Farr Creek buyout.  He requested President Bolender’s signature on the deed restrictions and occupancy agreements.

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to execute the documents as requested by Mr. Thomey.

-         GRANT AGREEMENT – DEPT. OF AGING –

Mr. Dwight Thomey presented a Grant Agreement relative to a public transportation technical study for the Department of Aging.

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

-         WINDING BROOK – SPECIAL TAXING DISTRICT –

In accordance with Senate Bill 110 passed by the legislature, effective July 1, 2001, which deals with the creation of a Special Taxing District for the purposes of paying for trash collection and mowing of common areas in the Winding Brook development, it is recommended that a special assessment be levied on the property owners in the defined area for trash collection and mowing of common areas.

This recommendation is based on the favorable response received at a public hearing held on March 27, 2002, at the Fletchwood Community Center.  At this time, it is estimated that the annual assessment will be $122.00 per lot for trash collection and moving.

At the April 16^th meeting the contracts for trash collection and mowing will be awarded, and the assessment will be officially set and forwarded to the Treasurer.

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to create a Special Taxing District for the Winding Brook development for the collection of trash and mowing of common areas.

-         DEED – BARRY MONTGOMERY –

Mr. Matt Carter, Director of Public Works, presented a Deed with H. Barry Montgomery to accept the roads in Pine Cone Drive and Crows Foot Drive into the County road system.

Commissioner Kilby asked if the roads are up to par, and Mr. Carter responded by stating they are safe to the traveling public and meet the criteria established for them.  She also asked about the design standards, and Mr. Carter stated there were deviations from the standards of the Road Code.  At that time, there were Road Code waivers for those approved plans.  Commissioner Kilby asked if substantial work will be necessary on these roads in the near future.  Mr. Carter stated he feels the problems with sink holes and water mains are historic concerns. 

Commissioner Hepbron asked if the roads in the new section of Montgomery Oaks come under the new Road Code, and Mr. Carter stated they were designed under the existing Road Code.  Commissioner Hepbron also asked about snowplowing.

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

-         BUDGET AMENDMENT NOS. 125-129 –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve Budget Amendment Nos. 125-129.  Copies of the Budget Amendments are incorporated as a part of these minutes.

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