The Board of County Commissioners for Cecil County met in regular session at the County Administrative Building, 107 North Street, Elkton, Maryland on Tuesday, October 5, 2004.  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 September 7, 2004 meeting of the Board of Health were unanimously approved.

The minutes from the September 14, 2004 rezoning hearing were unanimously approved.

The minutes from the September 21, 2004 meeting of the Board of County Commissioners were unanimously approved.

PUBLIC HEARING – ZONING ORDINANCE TEXT AMENDMENTS –

Eric Sennstrom, Director, Planning, Zoning, Parks & Recreation presented the Board with a proposed Text Amendment to Subdivision Regulations Article VII – Design Standards, Section 7.2.12.A.2 – Right of Way Pavement and Width Requirements. 

The Text Amendment will include language relative to properties that have sold their development rights to the Maryland Agricultural Land Preservation Foundation.

The Planning Commission has reviewed the proposed amendment as well as the County Attorney, and recommended approval.

COMMENTS IN SUPPORT:  None.

COMMENTS IN OPPOSITION:  None

Motion for approval was made by Vice President Kilby, seconded by Commissioner Hepbron and carried by a majority vote. A copy of the Text Amendment is incorporated into these minutes and is attached hereto.

VOTE:

Bolender – Y             Kilby – Y       Hepbron – Y            

Manlove – N             Guns – Y

PUBLIC HEARING - WAPITI WILDERNESS RETREAT - GROWTH ALLOCATION –

Tony DiGiacomo, Office of Planning & Zoning presented the Board with the Wapiti Wilderness Retreat Growth Allocation request.  Mr. Mark Retz of the Episcopal Diocese of Pennsylvania also appeared on behalf of the Diocese and their request for Growth Allocation from RCA to LDA for 40 acres located off of Turkey Point Road in North East, MD. The request is for the purpose of a Wilderness Retreat Center, as well as, a conference center and camp ground. 

Mr. DiGiacomo presented the favorable decision of the Board of Appeals for the required Special Exception, which took place on January 28, 2004.  The Growth Allocation was presented to the Technical Advisory Committee on September 1, 2004 and the Planning Commission recommended approval of the application on September 23, 2004.   

COMMENTS IN SUPPORT:  None

COMMENTS IN OPPOSITION:  None

Motion to approve was made by Commissioner Hepbron, seconded by Vice President Kilby and unanimously carried.

-PLANS FOR CAPITAL IMPROVEMENT AT CAMP GROVE POINT, EARLEVILLE – GIRL SCOUTS OF CHESAPEAKE BAY COUNCIL –

On behalf of the Girl Scouts of Chesapeake Bay Council, Kate Grace presented the Board with a presentation of Camp Grove Point and the proposed additions and renovations to the facility.  The Girl Scouts have slated $4.3 Million for improvements to several different facilities within the region.  The estimated costs of the improvements to Camp Grove Point are $1,027,381.  The Council is requesting that the Board support their campaign by writing a letter of support.

-COMMISSIONER’S COMMENTS –

President Bolender – declined comment.

Commissioner Guns – declined comment.

Vice President Kilby – commented relating to the Perryville Fall Fest to be held on Saturday in Perryville.

Commissioner Hepbron – declined comment.

Commissioner Manlove – declined comment.

-PUBLIC COMMENT –

William Mars, 15 Johnstown Rd., Elkton, MD – commented relative to the odor emanating from the Cherry Hill Wastewater Treatment Plant. He requested county officials to look into this matter and correct it.

Jeff Foster, 54 Wilmon Street, Chesapeake City, MD – commented relative to the Amendment to the Comprehensive Plan and Zoning Ordinance and voiced opposition to any density and/or bonus density change within NAR and SAR Districts.

John Cochran, 750 N. St. Augustine Road, Chesapeake City, MD – appeared and spoke in opposition to downzoning and the infringement of the land owner’s personal property rights.

Mary P. Scheeler, P.O. Box 490, Cecilton, MD – appeared and spoke in opposition to downzoning and the infringement of the land owner’s personal property rights.

Laura Shanahan, 120 Beauchamp Rd., Elkton, MD – commented relative to the Cherry Hill Wastewater Treatment Plant and the noise and odor problems that nearby residents are continuing to experience.

Greg Birney, 90 Beauchamp Rd., Elkton, MD – commented relative to the Cherry Hill Wastewater Treatment Plant and the noise and odor problems that nearby residents are continuing to experience.

Pete Swyka, 90 Beauchamp Rd., Elkton, MD - commented relative to the Cherry Hill Wastewater Treatment Plant and the noise and odor problems that nearby residents are continuing to experience.

Rick Birney, Fox Chase Drive - commented relative to the Cherry Hill Wastewater Treatment Plant and the noise and odor problems that nearby residents are continuing to experience.

Louisa P. Zen - appeared and spoke in opposition to downzoning and the infringement of the land owner’s personal property rights.

Carl Walbeck, 47 Mallard Lane, North East, MD – commented relating to the upsurge in residential building throughout the county.  He spoke in favor of downzoning to preserve agricultural land and the rural character of the county.

Cynthia Rossetti, Port Deposit, MD – appeared and spoke in favor of downzoning to preserve agricultural land and the rural character of the county.

Rachel Davis & Harold Davis, Earleville, MD – appeared and spoke in opposition to downzoning and the infringement of the land owner’s personal property rights.

Henry R. Passi, North East, MD - appeared and spoke in opposition to downzoning and the infringement of the land owner’s personal property rights.

Doris McCoy, Elkton, MD - commented relative to the Cherry Hill Wastewater Treatment Plant and the noise and odor problems that nearby residents are continuing to experience.

Wayne Lockwood, Elkton, MD - appeared and spoke in opposition to downzoning.  In addition, he commented relative to the Highlands Waste Water Treatment Plant and the odor that is emanating from the facility.

Laurie McLeer, P.O. Box 681, Chesapeake City, MD – appeared on behalf of the Eastern Shore Land Conservatory, and spoke in favor of downzoning to preserve agricultural land and the rural character of the county.

Ronald Rae, 4 St. Pat’s Circle, Elkton, MD – spoke in opposition to downzoning and suggested there be no designations given to any land.

Bill Kilby, 795 Firetower Road, Colora, MD – appeared and addressed the Board as to the cost of not having management within the county to control growth.

Jim Mullin, 1676 Glebe Road, Earleville, MD – spoke relative to the amendment to the Zoning Ordinance concerning golf courses.  He further stated that the county should be reimbursed by developers for the notification of adjacent landowners.

Rupert Rossetti, 215 Dr. Jack Rd., Port Deposit - spoke in favor of downzoning to preserve agricultural land and the rural character of the county.

Ed Cairns, 104 Jackson Hall Road, spoke in favor of downzoning to preserve agricultural land and the rural character of the county.

Natalie Ricci, Elkton, MD - appeared and spoke in opposition to downzoning and the infringement of the land owner’s private property rights.

H. John Price, Chesapeake City, MD - appeared and spoke in opposition to downzoning and the infringement of land owner’s personal property rights.  In addition, he read a letter signed by property owners within the county, opposing downzoning.

Marcella Lockwood, Elkton, MD - appeared and spoke in opposition to downzoning and the infringement of the land owner’s personal property rights.

Bud Felty – spoke relating to comparisons being made with Cecil County and New Castle County in reference to growth.  He further commented in opposition to downzoning.

Tom McWilliams – commented about the continuation with the process for the implementation for all the individual recommendations of the Planning Commission of those elements and amendments.  He further commented about the importance of establishing an adequate facilities ordinance as a tool to control growth within the county as outlined within the comprehensive plan.

Herman Panacek - appeared and spoke in opposition to downzoning and the infringement of the land owner’s personal property rights.

Ken Jenkins - spoke in favor of downzoning to preserve agricultural land and the rural character of the county.

Harlan Williams – spoke in opposition to downzoning and recommended to the Board they review his previous proposal as an alternative.

Pat Ulrich - appeared and spoke in opposition to downzoning and the infringement of the land owner’s personal property rights.

- APPOINTMENTS –                                                                                

Motion was made by Commissioner Guns, seconded by Commissioner Hepbron and unanimously carried to approve the appointment of the following members to the Risk Management Committee:

Alfred C. Wein, Jr.                          Dexter M. Thompson, Jr.

Susan Twigg                                                Frank Muller

James Mullen                                  Donna Nichols

Patrick Conway                               Eric Sennstrom

Matt Carter                                      Daniel Webber

Chief Deputy Larry Meusel          Major Bernard Foster

Major George Tarr                          Major Jeff Clewer

Margaret Diem                                James Keithly

Jeff Coale                                          Dave Mahaney

Motion was made by Vice President Kilby, seconded by Commissioner Manlove and carried by a majority vote to appoint the following member as alternate member to the Planning Commission for a three-year term to expire on October 6, 2007:

Clay McDowell, 328 Smith Road, Rising Sun, MD 

VOTE:

Bolender – Y            Kilby – Y                   Hepbron – N

Manlove – Y             Guns – Y

Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to approve the following member to Cecil Partnerships for Children, Youth & Families for a two-year term to expire on October 6, 2006:

Karen Bunnell

330 Hermitage Drive

Elkton, MD  21921

- Personnel –

Upon the recommendation of Donna Nichols, Director of Human Resources, motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to approve the following resignations/terminations:

William P. Gilbert, Director of Economic Development, $82,000 (grade 13), resignation effective 10/15/04

Mary M. Rezac, Shelter Director, Domestic Violence Shelter, $42,510 (grade 10) resignation effective 10/22/04

Larry C. Storke, Hazmat Captain, Emergency Services, $37,245 (grade 5P1) resignation effective 09/17/04

Cheryl L. Sottnick, Office Services Specialist, $12.06/hour (grade 5) resignation effective 10/08/04

Administrator Wein stated that the Board will be appointing a three-member committee representing the Economic Development that will be assisting in the interviewing process for a new director.

Motion was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried to approve the following appointments:

Scott R. Mesneak, IT Director, $75,000 (grade 13) effective 10/25/04

Fred F. Orr, Senior Engineer, Public Works, $75,000 (grade 12) effective 10/04/04

Larry C. Storke, Part-time Office Services Assistant, Housing Office, $9.21/hour (grade 3) effective 09/20/04

Terry Allen, Dispatcher I, Emergency Services, $11.79/hour (grade 1P1)

George Hollenbaugh, Part-time on-call Hazmat Captain, Emergency Services, $17.91 (grade 5P1) effective 09/28/04

Wanda M. Veasey, Program Worker, Department of Aging, $11.71/hour (grade 5) effective 09/20/04

Marta Klacka, Administrative Assistant, County Commissioners’ Office, $12.88/hour (grade 6) effective 09/27/04

Herbert Baldwin, Laborer, Roads – Southern Area, $9.21/hour (grade 3), must get CDL and GED within 6 months of hire date

Timothy L. Hamilton Sr., Equipment Operator II, Roads – Southern Area, $11.71/hour (grade 5) effective 09/20/04, must get GED within 6 months of hire date

Donald Ewing, Equipment Operator I, Solid Waste Division, $10.46/hour (grade 4)

Travis W.H. Bailey, Equipment Operator Trainee, Solid Waste Division, $9.49/hour (grade 3)

Two Laborers for Solid Waste Management, $9.21/hour (grade 3)

Sarah D. Crabtree

John P. Giordanelli

Joseph G. Letts Sr., on-call Security Guard, Facilities Management, $10.46/hour, Grade 4

Kathryn V. Beerley, Shelter Director, Domestic Violence Shelter, $38,562/year, Grade 10

Amy Chaplin, contractual Domestic Violence Volunteer Coordinator, Department of Social Services, $15.32/hour

Appointments to Regular Part-time Resident Assistant, Domestic Violence Shelter, at $10.46/hour, eligible for State Retirement benefits only

Melissa Nagy

Megan Brown

Kathleen Callahan

Motion was made by Commissioner Guns, seconded by Vice President Kilby and unanimously carried to approve the following promotions, transfers & reclassifications:

TRANSFER Gary Langille, Laborer from Solid Waste Management to 2^nd Shift Laborer in Facilities Management, same hourly rate of $9.49 (grade 3), eligible for shift differential

PROMOTE Drew Brown, Equipment Operator Trainee to Equipment Operator I in Roads at $10.46/hour (grade 4) effective 09/04/04

PROMOTE Keith Stumpf, Emergency Services Dispatcher I at $11.79/hour (grade 1P1) to Dispatcher II at $13.09/hour (grade 2P1) effective 09/04/04

INCREASE for 2 employees in Information Systems for attaining Qualified Fortas and File Magic System Administrator credentials for document imaging systems:

Teresa Gordon from $13.39 to $13.79/hour

Tara Snelling from $9.58 to $9.87/hour

OTHER APPOINTING AUTHORITIES PERSONNEL ACTIONS

RESIGNATIONS/TERMINATIONS

Norman O. Wilson, DFC/Culinary – Corrections, Detention Center, $17.87/hour (grade 3P8), resignation effective 10/01/04

Kathleen A. Oliver, Correctional Officer, Corrections – Detention Center, $13.09/hour (grade 2P1) termination effective 09/15/04

APPOINTMENTS

Trinette A. Moorefield, Certified Correctional Officer, Corrections – Detention Center, $13.48/hour (grade 2P2) effective 09/27/04

Meg Perry-Nicolls, Contractual position as Family Law Case Coordinator, Circuit Court, $34,000 effective 09/20/04

- COMPREHENSIVE PLAN REVIEW –

Director Eric Sennstrom appeared before the Board for a decision on the Planning Commissions Comprehensive Review Report.  Sixteen of the 21 items contained within the report are on the agenda for the Board’s consideration as to moving forward with the recommendations. The other five items have been set aside for further study.  If the Board desires to proceed with the recommendations, public hearings will be scheduled with the Planning Commission, as well as the Board of County Commissioners.  

The Board voted on each Element and Amendment separately as follows:

Element – Smart Codes - Motion was made by Vice President Kilby, seconded by Commissioner Guns and unanimously carried to move forward.

Element – Watershed Protection – Motion was made by Vice President Kilby, seconded by Commissioner Manlove and unanimously carried to move forward.

Element – Appearance Standards – Motion was made by Commissioner Hepbron, seconded by Vice President Kilby and unanimously carried to move forward.

Element – Groundwater Resources – Motion was made by Commissioner Hepbron, seconded by Vice President Kilby and unanimously carried to move forward.

Element – Tourism – Motion was made by Commissioner Manlove, seconded by Commissioner Guns and unanimously carried to move forward.

Element - Historic District – Motion was made by Vice President Kilby, seconded by Commissioner Hepbron and unanimously carried to move forward.

Element – Urban Growth – Motion was made by Vice President Kilby, seconded by Commissioner Manlove and unanimously carried to move forward.

Element – Greenways – Motion was made by Vice President Kilby, seconded by Commissioner Guns and unanimously carried to move forward.

Element – Rural Legacy – Motion was made by Vice President Kilby, seconded by Commissioner Manlove and unanimously carried to move forward.

Element – Agricultural Preservation – Motion was made by Commissioner Guns, seconded by Vice President Kilby and unanimously carried to move forward.

Element – Adequate Public Facilities & Infrastructure – Motion was made by Commissioner Manlove, seconded by Vice President Kilby and unanimously carried to move forward.

Amendment to Subdivision Regulations:  Minor Subdivisions – Motion was made by Vice President Kilby, seconded by Commissioner Guns and unanimously carried to move forward.

Amendment to Subdivision Regulations:  Notification by County – Motion was made by Vice President Kilby, seconded by Commissioner Hepbron and unanimously carried to move forward.

Amendment to Zoning Ordinance:  Rural Character – Motion was made by Commissioner Guns, seconded by Commissioner Hepbron and unanimously carried to move forward.

Amendment to Comprehensive Plan & Zoning Ordinance:  Density –

Discussion:  Commissioner Guns asked for clarification as to the bonus density proposal by the Planning Commission.

Director Sennstrom clarified the events that took place with regard to the vote of the Planning Commission. 

Motion was made by Commissioner Hepbron to leave the densities in the NAR and SAR zoning districts as they currently are now in the Comprehensive in the Zoning Ordinance. 

Commissioner Guns asked for an amended motion to leave the density as it is now, with no decision as to bonus density at this time, bonus density will be addressed at a later time. 

President Bolender clarified the motion being brought forward.

Commissioner Guns seconded the motion brought forward by Commissioner Hepbron to leave the density the same as it currently exists in the NAR and SAR zoning districts.

Motion was carried by a majority vote.

Vote:

Bolender – Y             Kilby – N                   Hepbron – Y            

Manlove – N             Guns – Y

Motion was made by Commissioner Guns, seconded by Commissioner Manlove and unanimously carried to table the following items pending further review:

Amendment to Zoning Ordinance:  Transfer of Development Rights

Amendment to Subdivision Regulations:  Adequate Public Facilities Ordinance

Amendment to Code of Cecil County:  Purchase of Development Rights Program

Amendment to Zoning Ordinance:  Payment in Lieu of Open Space

Amendment to Zoning Ordinance:  Shared Facilities

- COMMUNICATION CENTER AND EMERGENCY OPERATIONS CENTER LEASE FOR 27,250 SQ. FT. – UPPER CHESAPAKE FLEX ONE, LLC – DES/SHERIFF –

Administrator Wein presented the Board with a Lease Agreement between Upper Chesapeake Flex One, LLC and the Board of County Commissioners for the lease of 27,250 square feet for the purpose of housing the DES/Sheriff’s Communication Center and Emergency Operations Center.  This lease is for a period of 20 years with an option to renew for an additional twenty-four months. The cost equates to approximately $12.00 per square foot for the first five years.  It is estimated an approximate build-out to be 180 days, with occupancy expected in April, 2005.

Motion was made by Commissioner Guns, seconded by Commissioner Hepbron and unanimously carried to approve.

President Bolender announced that several agenda items will not be heard at this meeting.  The Acceptance of Purchase Agreement relating to the Public Safety Systems, Inc. has not arrived and the Resolution relating to the Maryland Department and Economic Development requires further information.

-DEED RESTRICTIONS – WOODLAWN SUPERFUND SITE –

Dwight E. Thomey, Counsel to the Board, appeared and presented a Deed of Restrictions pertaining to the Woodlawn Superfund Site.  As part of the final adoption and remedy of this matter the Deed Restriction must be executed. The purpose is to outline the restrictions and uses of this property in accordance with the agreement.

Discussion:

Vice President Kilby asked for clarification as to what properties this would encompass.

Commissioner Hepbron asked for clarification as to the restrictions.

Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to accept the Deed Restrictions for the Woodlawn Superfund Site.

- BID AWARD NO.  05-09 ROADWAY ASPHALT REPAIRS –

Motion was made to reject the Bid Award 05-09 by Commissioner Manlove, seconded by Commissioner Hepbron, pursuant to the recommendation of the Purchasing Agent and the Department of Public Works due to lack of funding.

-BID AWARD NOS. 05-16 – 05-21 – FOOD PRODUCTS FOR THE DETENTION CENTER –

Upon the recommendation of the Purchasing Agent and the Sheriff’s Department, motion was made by Commissioner Manlove, seconded by Commissioner Hepbron and unanimously carried to approve the following Bid Awards:

Bid No. 05-16 – Baked Goods – Schmidt Baking Company - $20,993.40

Bid No. 05-18 - Meat Products – Carroll County Foods - $ 59,122.84

Bid No. 05-19 – Canned Goods – Carroll County Goods - $42,884.88

Bid No. 05-20 - Coffee, Tea & Juice – Lankford Sysco Food Service - $39,339.72

Bid No. 05-21 Dried Groceries Carroll County Foods - $42,936.37

- BID AWARD NO. 05-22 – SOLID WASTE HAULING SERVICES FOR COMMINGLES –

Upon the recommendation of the Purchasing Agent and the Department of Public Works, motion was made by Commissioner Manlove, seconded by Commissioner Hepbron and unanimously carried to award Bid No. 05-22 Solid Waste Hauling Services for Commingles to Recycle America Alliance, LLC, in the amount of $62,400.

- BID AWARD NO.- 05-23 – ROAD SALT –

Upon the recommendation of the Purchasing Agent and the Department of Public Works, motion was made by Commissioner Guns, seconded by Commissioner Hepbron and unanimously carried to approve Bid No. 05-23 for the purchase of road salt to Cargill Salt in the amount of $45.85 per ton.

-BID AWARD NO. – 05-24 – ROADWAY ASPHALT REPAIRS –

Upon the recommendation of the Purchasing Agent and the Department of Public Works, motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to award Bid 05-24 to Dixie Construction Company, Inc., for the partial overlay of Racine School Road and Theodore Road in the amount of $157,393.80.

- BID AWARD NO. -05-25 – SALT SPREADER –

Upon the recommendation of the Purchasing Agent and the Department of Public Works, motion was made by Vice President Kilby, seconded by Commissioner Hepbron and unanimously carried to award Bid 05-25 for the purchase of three (3) salt spreaders in the amount of $45,705 each to Modern Equipment Sales & Rental.

-BUDGET AMENDMENTS NOS. 23 – 30

Motion was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried to approve Budget Amendment Nos. 23-30.

The next meeting of the Board of County Commissioners will be held on Tuesday, October 19, 2004 at Rising Sun Town Hall.

There being no further business of the County Commissioners, meeting adjourned.