The Board of County Commissioners of Cecil County met in regular session in their office at 107 North Street, Elkton, Maryland, on Tuesday, July 16, 2002.  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 – JUNE 18 & 25 & JULY 2 & 9, 2002 –

The minutes of June 18 and 25 and July 2 and 9, 2002, were approved as presented.

-         PROGRAM OPEN SPACE – ANNUAL PROGRAM FOR ACQ. & DEV. – 

A public hearing was held on the Program Open Space Annual Program for Acquisition and Development for fiscal year 2003.

Mr. Ed Slicer, Parks and Recreation Manager, advised that in order to maintain eligibility under Program Open Space and to continue to receive grant funds for town and County projects an annual program must be submitted.  He advised that the Planning Commission recommended approval with the following conditions:  Reconsider the land acquisition costs for Elkton Recreation Center and Turner Park and eliminate the Conowingo Multi-Use Park from the Parks Program.

Commissioner Kilby stated the Planning Commission was concerned about cost of the property for the Elkton and North East acquisitions.  Relative to the Conowingo Park, they were concerned about it being so far away from any population areas.

President Bolender stated he will not agree with eliminating the Conowingo Park.

Commissioner Hepbron stated the Conowingo site was chosen because there is nothing else at that end of the County.

Motion was made by Commissioner Kilby, seconded by President Bolender, and unanimously carried to accept the recommendation of the Planning Commission, with the exception of eliminating the Conowingo Multi-Use Park.

-         AG. PRES. DISTRICT – STEARNS –

A public hearing was held on the application of Cliff and Elise Stearns to establish an Agricultural Preservation District.  PROPERTY LOCATION: 746 Conowingo Road, Conowingo, MD 21918. Tax map: 9, Grid: 21 Parcel: 281, Acreage: 97.95, 8^th Election District. PROPERTY OWNER: Cliff and Elise Stearns. PRESENTLY ZONED: Northern Agricultural Residential (NAR).

Mr. David Black advised that the soils consist of 24.7 acres of Class II, 31.7 acres of Class III, and Woodlands Groups 1 and 2.  He stated 66.6 acres consists of the required soil types.  Also, 1.2 acres are zoned BG and will be withheld from the District. 

Both the Planning Commission and Agricultural Preservation Advisory Board recommended approval of the application. 

Commissioner Kilby stated this proposed District is contiguous to another MALPF District.

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 Cliff and Elise Stearns for an Agricultural Preservation District be approved.

-         PUBLIC HEARING – AMENDMENT TO SUBDIVISION REGULATIONS –

A public hearing was held on the following amendment to the Subdivision Regulations:  Section 7.2.B Highways, Streets & Roads – Amend Sections 7.2.B 8 & 9 to delete existing language relative to cul-de-sac length and to add language regarding mid-block turnarounds and looped road systems.

Mr. Tony DiGiacomo, of the Office of Planning and Zoning, stated Section 7.2.B is being amended to bring the Subdivision Regulations into accordance with the newly adopted Road Code with respect to cul-de-sac streets.

This amendment was presented to the Planning Commission, and they recommended approval.

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

-         PUBLIC HEARING – AMENDMENT TO FOREST CONSERVATION REGULATIONS –

A public hearing was held on an amendment to the County’s Forest Conservation Regulations to make them consistent with the State’s model ordinance and the Annotated Code.

Mr. David Black, of the Office of Planning and Zoning, advised that the Planning Commission recommended approval of the amendment.  The Maryland Department of Natural Resources also recommended approval.

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

-         COMMISSIONERS’ COMMENTS –

Commissioner Kilby reported that the Cecil County Fair will be held from July 19-27.  The County will have a tourism booth again this year.  The Ag Advisory Committee will also have a booth again this year.

She advised that she participated in Chatauqua.  This is the second year that this event was held.

President Bolender reported that he also participated in Chatauqua. 

He advised that he and Commissioner Kilby attended the first meeting of the MACO Legislative Committee for this coming year, and projections are not good as far as money from the State.

Commissioner Hepbron reported that he participated in opening night of Chatauqua.

-         TREASURER’S REPORT –

Ms. Pamela Howard, Treasurer, presented the monthly report of the Treasurer’s Office as of June 30, 2002.  A copy is incorporated as a part of these minutes.

-         PLAQUE – CHES. COUNTRY SCENIC BY-WAY –

Mr. Roy Clough, Acting Director of Economic Development, advised that the Chesapeake Country Scenic Byway received national designation at a ceremony in Washington, D.C.  He presented a plaque designating a section of Route 213 from Cecil County to Kent Island as the first national designation of a scenic byway in Maryland.

-         UPDATE – DROUGHT INFORMATION –

Mr. Frank Muller, Director of Emergency Services, presented an update on drought information.  He advised that there is a deficit of 11.1”.  This has been reduced somewhat, but there is no significant difference.  For the 12-month period the deficit was 14.2”. 

Mr. Muller stated the Governor’s Water Conservation Task Force will meet in August and make recommendations to the Governor.  Level One restrictions remain in place requiring users to limit use as defined and encourage conservation measures that will reduce consumption by 15-20%.

-         PUBLIC COMMENT –

Ms. Nancy Simpers requested that the Board not approve the County’s participation in Eastern Shore Land Conservation.

Ms. Rebecca Demmler stated there is no point in reducing the speed limit on Childs Road.  The problem is enforcement.

Mr. Ronald Rae commented on Indian Acres Campground issue that will be before the Board of Appeals on July 23.

Mr. Andy Barbin, a member of Landmark Baptist Church, spoke regarding the waiver of Purchasing Code requirements and award of contract for the Church stormwater management project.  He stated it is important that this would be assurance to the Church that all requirements by the County for final signature would be satisfied.

-         REAPPOINTMENTS – COMMISSION ON AGING –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to reappoint the following persons as members of the Commission on Aging for a three-year term, said term to expire on June 30, 2005:

Charity Bryant, 7 Jackson Ave., North East, MD 21901

Frank Bryant, 8 Colonial Circle, North East, MD 21901

Jacqueline Pugh, Dept. of Social Services, 170 E. Main St., Elkton, MD 21921

Laura Lockard, 2883 Blue Ball Rd., North East, MD 21901

Lois Sutherland, 104 Courtney Drive, Elkton, MD 21921

Diane Brown, P. O. Box 75, Earleville, MD 21919

-         APPOINTMENTS – AIRPORT FEASIBILITY STUDY COMMITTEE –

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to appoint the following persons as members of the Airport Feasibility Study Committee:

Joyce Bowlsbey, c/o W.L. Gore, 301 Airport Rd., Box 729, Elkton, MD 21921

John Bruce, 514 Rock Springs Rd., Conowingo, MD 21918

Dr. Stephen Pannill, Cecil Community College, One Seahawk Dr., North East, MD 21901

Jim Brady, c/o Wm. Brady, Inc., P. O. Box 36, Elkton, MD 21921

Robert Chapman, 286 Chestnut Springs Rd., Chesapeake City, MD 21915

Michael Sack, c/o Union Hospital, 106 Bow St., Elkton, MD 21921

Stan Michalski, 50 Woodview Lane, North East, MD 21901

-         PERSONNEL ITEMS –

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

Theodore Hermanns, Equipment Operator I, Solid Waste Division, effective June 27, 2002;

Gladys Blankenship, part-time Long-term Care Specialist, Department of Aging, effective June 28, 2002;

Emmett M. Letts, Operator Trainee, Water & Wastewater, effective June 28, 2002;

Bruce E. Cheeseman, on-call Paramedic, Emergency Services, effective June 27, 2002;

Adam N. Reynolds, Laborer, Solid Waste Division, effective July 6, 2002;

Karen Harris, Office Services Assistant, Soil Conservation, effective July 1, 2002;

Charles Dolan, Paramedic, Emergency Services, effective June 28, 2002.

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

Frank M. Ellwood, part-time Security Guard, Facilities Management, $10.46/hour, Grade 4, effective June 27, 2002;

Marilyn Homan, part-time Program Associate, Department of Aging, $9.21/hour;

Brian Coe, Operator Trainee, Water & Wastewater, $11.71/hour, Grade 5;

Peggy Vaughn, Domestic Violence Advocate, $15.32 (Grade 8), effective July 22, 2002;

Robert M. Hopkins, Operator Trainee, Water & Wastewater, $11.71/hour, Grade 5;

Paula J. Phillips, part-time Office Services Assistant, Department of Aging, $9.21/hour (Grade 3).

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:

Promote Debbie Wilcher to Administrative/Budget Assistant from Acting status, Department of Aging.  Salary will be same as acting pay ($14.21), Grade 7, effective June 3, 2002.

Reclassify Ralph H. Newton from part-time Security Guard to on-call Security Guard, same grade and rate of pay, effective June 27, 2002.

Promote Roy Clough, effective July 1, 2002, from Economic Development Coordinator @ $42,175.99 (Grade 9) to Acting Director of Economic Development at Grade 13, $53,643.00, salary adjustment to be effective July 15, 2002, per County Policy A277-18B2 until the position is filled on a more permanent basis.

Increase salary for Shirley Latvala by 3% for obtaining certification as “Certified Professional Public Buyer”.  New rate will be $18.94 (Grade 6) from $18.38, effective June 17, 2002.

Transfer Deborah L. Bandy, Legal Secretary in the State’s Attorney’s Office, to Administrative Assistant in the Department of Aging, effective July 22, 2002.  Same salary and grade.

Promote Harry Ring to Operator I, Water & Wastewater Division of the Department of Public Works, at $13.92/hour (Grade 7) retroactive to June 1, 2002, for receipt of water treatment license.

Promote Mary M. Rezac from Social Worker I to Social Worker II in the Department of Social Services (Domestic Violence Shelter) from $34,341.07 (Grade 8) to $37,431.77 (Grade 9), effective July 1, 2002.

Promote Timothy Snelling from Maintenance Worker I to Maintenance Worker II in Facilities Management from $15.48/hour (Grade 4) to $16.64 (Grade 5), effective July 1, 2002.

Reclassify Paul Gilbert from Director of Economic Development, $80,000 (Grade 13) to Economic Development Consultant on contract, effective July 1, 2002, at an hourly rate of $60.

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

Adopt job specification for Maintenance Worker II in Grade 5.

Waiver of 24 hours annual leave carryover into fiscal year for James A. Norman in the Solid Waste Division of the Department of Public Works.

-         FLEET MANAGEMENT & MAINT. SERV. –

Mr. Craig Whiteford, Budget Manager, requested authorization to proceed with the execution of a contract for fleet management and maintenance services.  He stated the contract has been reviewed and forwarded to First Vehicle Services. 

Commissioner Hepbron stated he wanted to make sure that all employees will have a job, and Mr. Whiteford advised that all employees will be interviewed by the vendor and will have the right of first refusal.

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

-         MALPF – EASEMENT SALE APPROVALS –

Mr. David Black, of the Office of Planning and Zoning, advised that per the Maryland Agricultural Land Preservation Foundation’s letter dated July 5, the Board must formally approve all agricultural properties being considered for easement sale to MALPF. 

In past years, MALPF placed a limit on the number of applications it would review, and this required prioritization of the properties.  This year, however, MALPF has decided to review all applications.

Mr. Black stated 15 property owners have applied to sell an easement to MALPF, and if all 15 properties are purchased, 1,163.7 acres of County farmland will be preserved.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve all agricultural properties being considered for easement sale to MALPF.

-         RESOLUTION – STEMMERS RUN BOAT RAMP –

Mr. Ed Slicer, Parks and Recreation Manager, presented a Resolution pertaining to permit fees for the Stemmers Run Boat Ramp.

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.

-         ORDINANCE – INTERNATIONAL BLDG. CODE & INTERNATIONAL RESIDENTIAL CODE –

Mr. Patrick Conway, Director of Permits and Inspections, presented an Ordinance to adopt the International Building Code and International Residential Code.  He advised that the Ordinance has been reviewed by both the Building Board and the County Attorney.

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

Mr. Conway advised that during 2002 1,946 building permits were issued, 591 of which were for single-family dwellings.  Fees were collected in the amount of $1,078,017.33.

He stated he received a report from the Fire Marshal, and the supplemental system for the IKEA project will be tested.

-         BID – CHRISTINA STREAM BANK RESTORATION –

Mr. Matt Carter, Director of Public Works, recommended that the bid for the Christina Stream Bank restoration be awarded to Edward P. Howell, Inc. in the amount of $35,450.00.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to award the bid to Edward P. Howell, Inc.

-   WAIVER OF PURCHASING CODE REQUIREMENTS & AWARD OF CONTRACT – LANDMARK BAPTIST CHURCH –

Mr. Matt Carter advised that in accordance with the Inspection and Maintenance Agreement between Landmark Baptist Church and this Board, the Department of Public Works secured the performance bond for stormwater management facilities due to non-compliance with the stormwater management plan approval. 

Proposals were requested from local contractors, and only one bid was received.  The bid was received from Grapes Paving Company, Inc. for $12,500 and exceeds the limit for soliciting quotes without advertisement. 

Mr. Carter recommends that the Board waive the advertisement requirement for this project and award the bid to Grapes Paving Company.  He stated four competent local contractors were actively solicited.

In response to Mr. Barbin’s comments earlier, Mr. Carter stated it is his intent that the scope of Grapes Paving Company work would achieve compliance.

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to waive the advertisement requirement for this project and award the bid to Grapes Paving Company.

-         BID – BAYVIEW WATER TOWER –

Mr. Matt Carter recommended that the bid for improvements to the Bayview water tower be awarded to Atlantic Tank Corporation for the sum of $23,400.

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

-         SPEED LIMIT – CHILDS RD. –

Mr. Matt Carter recommended revising the speed limit on Childs Road from 35 miles per hour to 25 miles per hour from Maryland Route 213 to a point 3,650 feet west on Childs Road.

Motion was made by Commissioner Hepbron, seconded by Commissioner Kilby, and unanimously carried to reduce the speed limit to 25 miles per hour.

-         DEED – HARRISON –

Mr. Matt Carter presented a Deed with John R. Harrison to accept Welder’s Lane in Smith Creek into the County road system.

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

-         DEED OF EASEMENT – CASPER –

Mr. Matt Carter presented a Deed of Easement between this Board and Ernest P. Casper, Jr. relative to drainage improvements.

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

-         BUDGET AMENDMENT NOS. 1-7 –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve Budget Amendment Nos. 1-7.  Copies of the Budget Amendments are incorporated as a part of these minutes.

-         BUDGET AMENDMENT NOS. 7-9 – BD. OF EDUCATION –

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron, and unanimously carried to approve Budget Amendment Nos. 7-9 for the Board of Education.

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