The Board of County Commissioners for Cecil County met in regular session on Tuesday, March 16, 2004 at the Elkton Town Hall, 100 Railroad Ave., Elkton, MD.  The following members of the Board were present:

Nelson K. Bolender, President
Phyllis Kilby, Vice President
Harry A. Hepbron, Commissioner
William C. Manlove, Commissioner
Mark H. Guns, 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.

The minutes from the March 2, 2004 meeting of the Board of County Commissioners were unanimously approved.

The minutes from the March 2, 2004 Board of Health of the Board of County Commissioners were unanimously approved.

-  PUBLIC HEARING – 2003 PLANNING COMMISSION ANNUAL REPORT –

Mr. Eric Sennstrom, Director, Planning, Zoning & Parks and Recreation in accordance with the Cecil County Code, Article 302A, presented to the Board the 2003 Annual Report.  This report reflects activities within the Planning & Zoning Office during 2003, including the total numbers of Major & Minor Subdivisions, Site Plan approvals, Historic District Applications, Rezonings, Agricultural Preservation Applications, Special Exceptions, Variances,  Appeals, Building Permits and Zoning Violations.

COMMENT:  None

- PUBLIC HEARING – AMENDMENT TO THE CECIL COUNTY COMPREHENSIVE PLAN TO CHANGE A PORTION OF THE  LAND USE PLAN CONTIGUOUS TO THE NORTH SIDE OF CHESAPEAKE CITY FROM RURAL CONSERVATION DISTRICT TO TOWN DISTRICT TO RECOGNIZE THE FUTURE ANNEXATION PLANS OF THE TOWN OF CHESAPEAKE CITY –

Mr. Sennstrom presented the Board with an amendment to the Cecil County Comprehensive Plan to change a portion of the Land Use Plan contiguous to the north side of Chesapeake City from Rural Conservation District to Town District to recognize the future annexation plans of the Town of Chesapeake City.  Upon presentation of this request before the Planning Commission on March 15, 2004, a recommendation of approval was made for this land use district amendment.

COMMENT:

Vice President Kilby and Commissioner Manlove inquired as to the owner of the property and if that person had been notified of this request.

Mr. Sennstrom indicated that it was not necessary to notify owners, because this is only a request to change the Rural Conservation District and no rezoning is involved.  He also advised that annexation would be a separate issue.

Commissioner Manlove inquired as to whether the change would enable this parcel to be developed in the future.

Mr. Sennstrom advised that there is no zoning change at this time that would permit building, other than what it is currently zoned.

Mayor Bernstine, Chesapeake City commented that this request is to correct a clerical error that occurred many years ago, and the amendment will be used as a corrective action.

Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to approve the amendment change to the portion of land set forth in the application filed by the Town of Chesapeake City on December 22, 2003 from Rural Conservation District to Town District.

- PUBLIC HEARING – AMENDMENT TO THE CECIL COUNTY ZONING ORDINANCE, ARTICLE X, SECTION 186, STREET TREES –

A public hearing was held, pursuant to Article 10, Sec. 186 of the Annotated Code of Maryland.  Mr. Sennstrom presented to the Board an amendment to the Cecil County Zoning Ordinance, Article X, Section 186, Street Tree Requirements.  This amendment would identify a ten foot wide planning easement established on each new lot created for the purpose of permitting the developer, at a minimum to plant or retain sufficient trees so that between the paved portion of the street and a line running parallel to and fifty (50) feet from the centerline of the street, there is for every fifty (50) feet of street frontage at least an average of one deciduous tree that has or will have when fully mature a trunk at least 12 inches in diameter.

The Planning Commission recommended approval of said amendment on March 15, 2004.

COMMENTS – None

Motion was made by Commissioner Guns, seconded by Commissioner Manlove and unanimously carried to approve the Amendment to the Cecil County Zoning Ordinance, Article X, Section 186.

-  COMMISSIONERS COMMENTS –

Commissioner Hepbron – declined.

Commissioner Manlove – commented relative to the Planning Commission meeting held on March 15, 2004, he served as ex-officio member at this hearing.  He thanked the members of the Board for their service and diligence.

Vice President Kilby – commented on the Rural Development Conference she recently attended in Arlington, Virginia.  She also recognized the achievements of the 4H participants at a recent awards dinner that she attended.  Commissioner Kilby also thanked the Cecil County Sheriff’s Department for the recent trash pickup in her area and commented as to what a good job they had done.

Commissioner Guns – declined.

President Bolender – commented on the recent Budget Hearings that have been conducted and encouraged the public to attend the open meetings.

-  TREASURER’S REPORT –

Pamela Howard, Treasurer for Cecil County presented the monthly Treasurer’s Report for the period ending February 29, 2004.  A copy of which is incorporated into these minutes.

-  PROCLAMATION – TALL CEDARS OF LEBANON WEEK –

President Bolender read a Proclamation proclaiming the week of March 14 through March 20, 2004, Tall Cedars Week.

-  PROCLAMATION – FAIR HOUSING MONTH –

President Bolender presented Dave Mahaney, Director of Housing and Community Development with a proclamation, proclaiming the month of March, 2004 as Fair Housing Month.                                         

- APPOINTMENTS – HISTORIC DISTRICT COMMISSION –

Motion was made by Commissioner Hepbron, seconded by Vice President Kilby and unanimously carried to appoint the following to the Historic District Commission to fill the remainder of the term of Jesse Malin.  Term will expire on March 1, 2005:

Pat Folk, 1 Old Farmhouse Lane, Elkton, MD  21921

-  APPOINTMENTS – HOMELAND EMERGENCY RESPONSE COMMITTEE –

Motion was made by Vice President Kilby, seconded by Commissioner Manlove and unanimously carried to appoint the following to the Homeland Emergency Response Committee:

Martius D. McConnell, Special Agent, FBI

Barry W. Ross, Special Agent, FBI

-   APPOINTMENT – BOARD OF TRUSTEES OF UPPER SHORE COMMUNITY MENTAL HEALTH CENTER –

Motion was made by Commissioner Manlove, seconded by Vice President Kilby and unanimously carried to appoint the following to fill the remainder of the term of Karen Beckerbauer.  The term will expire on September 15, 2004:

Dr. Richard Bayer, Upper Bay Counseling, 200 Booth St., Elkton, MD

- WEST VIEW SHORES DESIGN AWARD FOR REVETMENT SHORE EROSION CONTROL DISTRICT PROJECT –

Motion was made by Commissioner Manlove, seconded by Vice President Kilby and unanimously carried to award the bid for the West View Shores Shore Erosion Control District Engineering Services to Bayland Consultants & Designers, the low bidder in the amount of $6,200.

-  FITNESS CENTER LEASE AGREEMENT –

Upon the recommendation of Susan Twigg, Director Department of Aging, motion was made by Vice President Kilby, seconded by Commissioner Guns and unanimously carried to approve the Lease Agreement between the Board of County Commissioners and Ray and Laura Crouse for the premises located at 210 North Street, Elkton for a one (1) year period commencing January 1, 2004 for the Department of Aging Fitness Center.

-INTERGOVERMENTAL AGREEMENT BETWEEN THE MARYLAND DEPARTMENT OF THE ENVIRONMENTAL SERVICE AND CECIL COUNTY TO IMPLEMENT THE 2004 SCRAP TIRE RECYCLING AMNESTY DAY PROJECT –

Upon the recommendation of Matt Carter, Director, Public Works Department, motion was made by Commissioner Manlove, seconded by Vice President Kilby and unanimously carried to approve the Tire Amnesty Agreement, wherein at a mutually agreeable date in the future, homeowner’s throughout Cecil County will be permitted to bring in as many as ten (10) tires to the Cecil County Landfill at no charge. 

-  BUDGET AMENDMENTS –

Upon the recommendation of Mr. Craig Whiteford, Budget Manager, motion was made by Vice President Kilby, seconded by Commissioner Hepbron and unanimously carried to approve Budget Amendments 128 – 138.

The next meeting of the Board of County Commissioner’s is scheduled for April 6, 2004 at County Administrative Building, 107 North Street, Elkton, MD.

There being no further business, the Board of County Commissioner’s Meeting was adjourned.