The Board of County Commissioners for Cecil County met in regular session at the County Administrative Building, 107 North Street, Elkton, Maryland on Tuesday, April 5, 2005.  The following members of the Board were present:

Nelson K. Bolender, President
Harry A. Hepbron, Vice President
Phyllis Kilby, 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 15, 2005 meeting of the Board of County Commissioners were unanimously approved.

-  COMMISSIONER COMMENTS –

Commissioner Manlove – declined comment.

Vice President Hepbron – declined comment.

President Bolender – declined comment.

Commissioner Kilby – commented about the Stancil Quarry Art Exhibit in Perryville and the Opening Reception for this event.  She also announced several upcoming community events including Bowling for Hospice; a guest speaker at the Cecil County Library on April 7^th; the March of Dimes Walk in May; and the current exhibit at the Courthouse in honor of Sexual Assault Awareness Month.

Commissioner Guns – commented about the “Citizen of the Year” Banquet he attended, honoring Jerry Moran.  He also commented about the Habitat for Humanity Event held recently at the Cecil Community College.

-  PROCLAMATION – PUBLIC HEALTH WEEK

Commissioner Guns presented Dr. Virginia Bailey, Cecil County Health Department with a Proclamation in honor of Public Health Week, April 4 through April 10, 2004.

- PRESENTATION OF COMMUNITY SERVICE AWARDS –

Dr. Bailey and the Board presented two Community Service Awards in the area of Public Health to Step Mika and Jane Burton for their many years of outstanding service in the area Community Public Health.

- PRESENTATION OF FAIR HOUSING MONTH –

Vice President Hepbron presented a Proclamation to Dave Mahaney, Director of Housing and Community Development in honor of Fair Housing Month which is observed throughout the month of April.

-PROCLAMATION – SEXUAL ASSAULT AWARENESS –

Commissioner Kilby presented a Proclamation to Laura Barzewski of the Domestic Violence Center proclaiming the month of April, Sexual Assault Awareness Month.

-PROCLAMATION – TALL CEDARS MONTH –

Commissioner Manlove read and proclaimed the month of April, Tall Cedars Month and acknowledged the contributions of the Tall Cedars in the area of Neuromuscular Disease.

- CERTIFICATES OF ACHIEVEMENT – CECIL FIRST CLASS BOY SCOUTS –

The Board presented Certificates of Achievement for obtaining the rank of First Class Boy Scout to members of the Cecil District Boy Scouts.

-PUBLIC HEARING – NOMINATION FOR AGRICULTURAL PRESERVATION DISTRICT –

Eric Sennstrom, Director, Planning, Zoning, Parks & Recreation presented the Board with a Nomination for Agricultural Preservation District for applicant:  Samuel P. Craig, Property Location:  954 New Cut Road, Earleville, MD.  Tax Map: 57, Grid 9, Parcel 3, Acreage:  146 Acres, 1^st Election District.  Presently zoned Southern Agricultural Residential (SAR). Six acres of this parcel are being retained by the property owner for family lots.  The Local Agricultural Preservation Advisory Board as well as the Planning Commission has recommended approval of this request.

Motion was made by Commissioner Manlove, seconded by Commissioner Kilby and unanimously carried to approve the establishment of an Agricultural Preservation District to Samuel P. Craig.

COMMENTS SUPPORT/OPPOSITION

None

- PUBLIC HEARING - 2004 ANNUAL REPORT FOR THE CECIL COUNTY PLANNING COMMISSION –

Director Sennstrom, pursuant to Article 66B of the Annotated Code of Maryland, presented the Board with the 2004 Annual Report.  Mr. Sennstrom briefly summarized the report that reflects the activities of the Planning Office, the Planning Commission and the various Boards associated with the Office of Planning & Zoning for Cecil County.  Included were the applications processed for major and minor subdivisions, site plan approvals, historic district applications, rezonings, agricultural preservation applications, special exceptions, variances & appeals, building permits and zoning violations.

- PUBLIC HEARING - AMENDMENT OF THE CECIL COUNTY MASTER WATER & SEWER PLAN VERNON & LAREDA TOME –

Mr. and Mrs. Vernon Tome appeared before the Board and presented a request for an amendment to the Master Water and Sewer Plan.  This request is to include property in the future service area along Rowles Lane located off of Irishtown Road, North East, MD, for the inclusion of sewage service to the property located along Rowles Lane off Irishtown Road, North East, MD. Tax Map: 31; Parcel: 355; for the purpose a proposed minor subdivision. The Planning Commission recommended approval of this request.

COMMENTS SUPPORT/OPPOSITION:

None

Motion was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to approval for the request for an amendment to the Master Waster and Sewer Plan.

- PUBLIC HEARING – PROPOSED AMENDMENT – ADMINISTRATIVE TEXT CHANGES –

Directors Eric Sennstom and Matt Carter appeared before the Board and requested an amendment to the 2004 Master Water and Sewer Plan relative to the North East Advanced Wastewater Treatment Plant to reflect new information regarding the plant and to correct information related to other county operated facilities.  The request consists of administrative corrections to the text relative to the existing facilities, the Highlands WWTP and the North East WWTP and capacity upgrades and proposed improvements.  In addition, there are changes to Table 10 relating to the Cherry Hill WWTP.

COMMENTS SUPPORT/OPPOSITION:

None

Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve the text amendment upon the recommendation of Directors Sennstom and Carter.

-PUBLIC HEARING – TRAILHEAD DESIGN, PERRYVILLE LANDING – REIMBURSEMENT OF FUNDS FY 2004-05 DEPARTMENT OF NATURAL RESOURCES, PROGRAM OPEN SPACE –

Ed Slicer, Manager, Parks & Recreation Department presented the Board with a request from the Town of Perryville for approval of reimbursement of funds from the FY 04-05 Open Space Funds, through the Department of Natural Resources.  The request is for assistance in the design and engineering of the Perryville Landing Project in Perryville.  The total amount of this stage of the project is $13,500.00, local funding will be provided in the amount of $12,000.00, and Open Space Funding in the amount of $1,500.00.  This request has been recommended and approved by the Parks & Recreation Board.

COMMENTS SUPPORT/OPPOSITION:

None

Motion was made by Commissioner Kilby, seconded by Vice President Hepbron and unanimously carried to approve the reimbursement of funds for the Perryville Landing Project.

- PUBLIC HEARING – KAYAK LAUNCH PARKING PAVING – REIMBURSEMENT OF FUNDS BY 2004-05 DEPARTMENT OF NATURAL RESOURCES, PROGRAM OPEN SPACE –

Mr. Slicer presented the Board with a request from the Town of Perryville for approval of reimbursement of funds from the FY 04-05 Open Space Funds, through the Department of Natural Resources for the paving of the Kayak Launch Parking Area, located at Marion Tapp Parkway in Perryville.  The total amount of the project is $9,880.00 local funding will be provided in the amount of $3,880.00 and Open Space Funding in the amount of $6,000.00.  This request was recommended and approved by the Parks & Recreation Board.     

COMMENTS SUPPORT/OPPOSITION:

None

-PUBLIC COMMENT –

Ronald Rae, 4 St. Pat’s Circle, Elkton – commented relative to the Board of Educations Budget Request for the Fiscal Year 2005/2006 School Year.

-CONTRACT AGREEMENT BETWEEN LIGHTING MAINTENANCE, INC., AND THE BOARD OF COUNTY COMMISSIONERS – CECIL SPORTS COMPLEX –

Mr. Slicer appeared and presented the Board with a Contract Agreement for the purpose of providing and installing a 30 foot-candle football field lighting system at the Cecil Sports Complex.  The contract has been awarded to Lighting Maintenance, Inc. in the amount of $54,778.       A portion of this project will be funded through the Open Space Project, remaining funding will be provided by contributions, and the Cecil County Junior Football League.  This request has been recommended an approved by the Board of Parks and Recreation.

Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve the Contract Agreement.

- CONTRACT AGREEMENT BETWEEN MEADOWS CONSTRUCTION, INC., AND THE BOARD OF COUNTY COMMISSIONERS – CHESLAND PARK –

Mr. Slicer presented the Board with a Contract Agreement for the construction of a crushed stone entrance roadway and a crushed stone parking lot at the Chesland Park, located on Elk Forest Road, Elkton.  The request is in accordance with the Contractor’s revised proposal to the Board and the Ryan engineering site plan “Erosion & Sediment Control Plan for Chesland Park Phase I in the amount of $277,000.00.  This project has been recommended and approved by the Board of Parks and Recreation.

Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve the Contract Agreement.

- ENDORSEMENT OF PROPOSED PLANS REVIEW AND INSPECTION FEE MODIFICATION -

Matheu Carter, Director of Public Works presented the Board with the Proposed Fee Modification Schedule, previously presented at a Public Hearing at the March 15, 2005, Board of County Commissioners Meeting.  Mr. Carter advised that several amendments were made to the previously submitted proposal as discussed at the public hearing.

Upon the recommendation of Mr. Carter, motion was made by Commissioner Kilby, seconded by Vice President Hepbron and unanimously carried to approve the proposed fee modification as submitted. 

- ADOPTION OF CODE CHANGES, SECTIONS 242 ROAD CODE; SECTION 248 SOIL EROSION & SEDIMENT CONTROL; SECTION 251 STORMWATER MANAGEMENT; SECTION 265 WATER & SEWER; AND 200-2 BUILDING CONSTRUCTION – ORDINANCES 2005-02 – 2005-06 –

Director Carter presented five proposed changes to the Cecil County Code to the Board.  These code changes were previously presented at a public hearing on March 15, 2005.  The code changes would add Sections F & G to Section 200.2  and would prohibit the issuance of building permits for lots that do not enjoy frontage on a public street or for lots in a water or sewer district that do not have public sewer and/or water extended to the frontage of the lot.  This change has been amended from the public hearing to incorporate several editorial changes suggested by the County Attorney. 

The next four proposed changes are similar in nature, amending Sections 242, 248, 251, and 265 of the Cecil County Code.  In these, sections are added to clarify the ability of the Department of Public Works to suspend review of applications or plans submitted by the building or developer, suspend or withdraw any of the builder or developer’s permits, and/or deny further permits requested by said builder or developer.  The code changes have been amended from the March 15, 2005 public hearing to incorporate several editorial changes suggested by the County Attorney.

Motion was made by Commissioner Kilby, seconded by Commissioner Hepbron and unanimously carried to approve the code changes as recommended by Director Carter.

- INTRODUCTION OF RESOLUTION – CHANGES TO INVESTMENT POLICY, CHAPTER 175, CECIL COUNTY CODE –

County Administrator, Al Wein, presented the Board with a Resolution for several changes to the County’s Investment Policy, Chapter 175, Cecil County Code. 

The changes are based on the recommendation of the County Treasurer, in order to ensure that the County is in compliance with State Law 6-222 of the State Finance and Procurement Article.  This resolution will be presented to the Board for consideration at the April 19, 2005 Board of County Commissioners Meeting.

-BID NO. 05-37 – HIGH-PERFORMANCE TRAILER MOUNTED PATCHING MACHINE W/ ARROW BOARD –

Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Kilby, seconded by Commissioner Guns and unanimously carried to approve Bid Award No. 05-37 to Chesapeake Supply & Equipment in the amount of $52,995.00.

- BID NO. 05-42 - HIGHLANDS WELL BUILDING IMPROVEMENTS –

Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Manlove, seconded by Vice President Hepbron and unanimously carried to award Bid Award No. 05-42 Highlands Well Building Improvements to W.D. Constructions, Inc., in the amount of $29,670.00.

- BID NO. 05-41 – GRASS CUTTING WWTP SITES –

Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Guns, seconded by Commissioner Kilby and unanimously carried to award Bid No. 05-41 to Kentucky Blue Landscaping in the amount of $18,880.00.

- BID NO. 05-39 – TRUCK & EQUIPMENT STORAGE SHEDS –

Upon the recommendation of the Purchasing Agent, motion was made by Vice President Hepbron, seconded by Commissioner Kilby and unanimously carried to award Bid No. 05-39 to McComsey Builders in the amount of $115,615.00.

-BID NO. 05-34 – SELF-PROPELLED COMPACTOR/ROLLER –

Upon the recommendation of the Purchasing Agent, motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to award Bid No. 05-34 Self-Propelled Compactor/Roller to Eagle Power & Equipment in the amount of $40,765.

- BID NO.  05-03 – 911 Center Workstation Furniture II

Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Kilby, seconded by Commissioner Manlove and unanimously carried to award BID NO. 05-03 Watson Dispatch in the amount of $142,003.

- BID NO. 05-44 DES TRUCK CHASSIS –

Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Kilby, seconded by Vice President Hepbron and unanimously carried to Criswell Chevrolet for the purchase of two (2) ¾ ton Chasis 4x4 in the amount of $51,660.00 and to Hertich Fleet Service for the purchase of a one (1) ton Chasis 4x4 in the amount of $29,982.00.

-BUDGET AMENDMENTS NOS. 118 – 126

Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve Budget Amendments 118-126.

The next meeting of the Board of County Commissioners will be held on Tuesday, May 3, 2005 at the County Administrative Building, North Street, Elkton.

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

Alfred C. Wein, Jr.
County Administrator

Approved:
Nelson K. Bolender, President