The Board of County Commissioners for Cecil County met in regular session at the County Administrative Building, 107 North Street, Elkton, Maryland on Tuesday, February 1, 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 January 18, 2005 meeting of the Board of County Commissioners were unanimously approved.

-PUBLIC HEARING –  ELK LANDING ACQUISITION PHASE II -

Ed Slicer, Manager, Department of Parks & Recreation presented the Board with a request from the Town of Elkton for reimbursement of funds available through the FY 2004 Department of Natural Resources, Program Open Space in the amount of $52,953.00 to fund Phase II of the Elk Landing Acquisition.

Representatives from the Town of Elkton, Mayor Joe Fisona, Jeanne Minner, Director of Planning & Zoning and Lewis George, Town Administrator appeared on behalf of the Elk Landing Acquisition Phase II Request.  Ms. Minner provided a history of the Elk Landing Project for the Board.

COMMENTS SUPPORT/OPPOSITION: 

Sandor Lipscik- commented relative to funds being spent on projects such as the Elk Landing Acquisition, rather than on schools and local government funding matters.

Jim Mullin – recommended several alternative funding programs.

Josh Brown – commented in support of the project and as a member of the Elk Landing Preservation Council.  Mr. Brown stressed the importance of this project not only to the Town of Elkton, but to the entire County. 

Motion to approve was made by Commissioner Guns, seconded by Commissioner Kilby and unanimously carried to approve the reimbursement of $52, 953.00 to the Town of Elkton from the Program Open Space Funds for the purposes of the Elk Landing Acquisition, Phase III.

-PUBLIC HEARING – AMENDMENT TO THE MASTER WATER & SEWER PLAN, MSM INVESTMENTS, LLC, MAP 14, PARCEL 651. PROPOSED VALLEY ROAD, FOUR-LOT SUBDIVISION –

Will Whiteman, Land Surveyor and Natalie Ricci, Principal of MSM Investments, LLC appeared before the Board in request of an amendment to the Master Water & Sewer Plan for the inclusion of 3.03 acres; Tax Map 14; Parcel 651, a proposed (four-lot) subdivision.  The proposed subdivision is located just off of Valley Road that borders the subdivision of the Highlands and is zoned Suburban Residential. 

MSM Investments, LLC is requesting the amendment as a result of a mistake in the Master Water & Sewer Plan.  The property is currently being served by public water and was previously approved for Concept Plat.  In addition, the plan was approved by the Department of Public Works for four-single family residential units for a maximum design of 876 gallons per day from the Highlands Wastewater Treatment Plant.  

DISCUSSION:

Commissioner Manlove asked several questions relating to the routing of the sewer line and any existing easements.

Mr. Whiteman advised there are several different options. One being is to request a twenty-five foot utility easement through existing lands belonging to the Board of County Commissioners that runs contiguous to this property.  Additionally, there is also a utility easement that is accessible for the sewer line. 

There was discussion relating to the cost of the proposed sewer line, the SR designation, and the allowable density of this zone.

COMMENTS IN SUPPORT/OPPOSITION:

Marcella Lockwood- spoke in support of the proposed amendment and stated that each request for amendment to the Master Water & Sewer Plan should be considered individually and according to the Comprehensive Plan.

Wayne Lockwood -  spoke in support of the proposed amendment and stated that individual land owners should be able to make their own decisions as to the development of their land.  He further commented relative to impact fees.

Ron Hamlin – spoke in opposition to the request for amendment and stated that this request is outside of the growth corridor and will create a dangerous precedence.

John Gill – spoke in opposition to the request for amendment and stated that the number one concern of the Board should be the inadequate supply of water in the Highlands.

Ken Wiggins – spoke in opposition to the request for amendment, he stated that this request would present a burden on the county’s schools and infrastructure.

John Williams – spoke in opposition to the request, he spoke of the reliability and availability of water and public water as the county is now required to purchase water from Delaware.  He also stated his concern of a precedent that would be set as a result of this amendment, if granted.  A copy of the comment was provided for the file. 

Katherine Davis – spoke in opposition and stated  and the importance of planning for appropriate portions of a District.  She referred to the Highlands and the water that must be purchased from Delaware and the effect this amendment could have relating to future requests for amendments.  A copy of the comment was provided for the file.

Owen Thorne – commented relating to the untimely posting of the agenda.  He further spoke in opposition of the request for amendment and presented a map depicting future requests that are now in the process of obtaining site plan approval.   He spoke of the effect this kind of growth will have on the county’s services, school system and infrastructure.  Additionally, he commented relative to the precedence approving this request would set.

Joe Volpa – spoke in opposition to the request for amendment.  He commented relative to the direct impact to the traffic in the area.  He cited the results of a recent traffic survey and of the hazardous intersection.

Laura Gleason – commented in opposition to the request, stating a dangerous precedence would be set.  She further commented relative to the overcrowding of county schools.

Ed Cairns – spoke in opposition of the request and the necessity of the Board to follow the Comprehensive Plan.  He commented about the Urban Growth Plan and the designated growth corridor.  He also cited rules from Article 66B of the Annotated Code of Maryland.

Michael Walker – spoke in opposition of the request.  He further spoke of the need to save farmland within the county, concerns relative to purchasing water from United Water, and the contract the county has with this company.

Richard Weisel – spoke in opposition of the amendment request.  He further spoke of the Board using amendments to shape residential growth within the county.

Tandy Shuler – spoke in opposition, she commented relative to the road and bridge traffic and the strain on the Volunteer Fire Company’s.

Alan Fox – spoke in opposition to the amendment request and commented about encroachment of unscrupulous development in Fair Hill.

Chris Canning – spoke in opposition and commented about traffic concerns and the lack of no public transportation plans within the area.

Rupert Rossetti – spoke in opposition and about the importance of maintaining infrastructure resources.

Ronald Rae – commented about inadequate water resources in the area.

John Shaw – spoke in opposition to the request.

Wayne Eshelman – spoke in opposition to the request.

Lindsay Carter – spoke in opposition, stating a dangerous precedence would be set.  She further commented relative to lack of water during drought years.

Mr. Whiteman and Ms. Ricci made closing remarks to the Board in support of their request.

-COMMISSIONERS COMMENTS-

Commissioner Manlove directed several questions to Matt Carter, Director of Public Works relative to the actual capacity of the Highlands Waste Water Treatment, any current inflow, any future upgrades to the plant and how much water is currently being purchased from United Water.

Director Carter advised that the Highlands current capacity is approximately 36,000 gallons per day out of approximately 50,000 gallons total capacity. He advised there is minimal capacity left, however, enough to service the proposed request.  Mr. Carter also advised in the CIP there is an entry for a possible update to the  Highland’s Waste Water Treatment Plant in 2010, due to the its age.  Mr. Carter also indicated there is a certain amount of inflow and that approximately 60% of the water is purchased from United Water.

Commissioner Guns asked Mr. Carter if the letter dated October 29, 2003, sent to MSM Investments concerning the allocation was still in effect, and why it was not included in the Master Water & Sewer Plan.

Mr. Carter stated that it was still in effect and the property should have been included, as existing water service area.

Commissioner Kilby questioned the knowledge of the previous owner of the property with regard to the Master Water & Sewer Plan.

Eric Sennstrom, Director of Planning, Zoning, Parks & Recreation advised the Board that the Planning Staff recommended approval of the amendment.  The Planning Commission recommended disapproval of the amendment.

Motion was made by Vice President Hepbron to approve the request for the Amendment to the Master Water & Sewer Plan of MSM Investments, LLC.  Motion was seconded by Commissioner Guns.

DISCUSSION: 

Commissioner Guns inquired as to the knowledge of the Planning Commission that the existing home on the property was provided public water.

Director Sennstrom advised they were not.

President Bolender commented that he disagrees that this is a precedent setting decision.  He further commented that he believes that it was a mistake that this property was previously not included in the plan.

Commissioner Guns commented relative to the current plan and the SR zoning designation.  He further stated that he also believes that it was a mistake that it was not included in the plan.

Commissioner Kilby commented relative to the SR zoning designation definition and the effect this will have if the Master Water & Sewer Plan is amended.

VOTE:

Bolender – Y         Hepbron – Y             Kilby – N

Manlove –            Abstain Guns – Y

Motion is carried by a 3 to 1 vote with 1 abstention.

- WOMEN’S COMMISSION- ANNUAL REPORT –

Kathy Kunda appeared before the Board, along with various members of the Women’s Commission and new Co-Chair Sally Thompson, replacing Karen Emery, to present the Women’s Commission Annual Report.  Ms. Kunda presented the 2005 Event Schedule for the Women’s Commission and reported the success of past year events.

-  DOMESTIC VIOLENCE COUNCIL – PUBLIC MEETING UPDATE –

Steve Davis of the Domestic Violence Council appeared before the Board and provided a brief update of the past year events and several upcoming events, specifically a public meeting scheduled for March 14, 2005 at 7:00 p.m. in the Commissioner’s Board Room.  The purpose of the public meeting is to discuss the council’s membership drive and to introduce the completed Domestic Violence Guide.

-  CECIL COUNTY PARTNERSHIPS FOR CHILDREN, YOUTH & FAMILIES, INC. –

Nancy Hardy appeared before the Board to present the FY 04 Report on Partnerships for Children, Youth & Families.  Ms. Hardy described the programs funded in FY 04 and the function of the Local Management Board. 

- PROCLAMATION – ENERGY ASSISTANCE WEEK –

Mary Lou Slagle on behalf of the Department of Social Services appeared before the Board to accept a proclamation, proclaiming the week of February 20, 2005 Energy Assistance Week.  Ms. Slagle informed the Board that the Department of Social Services has taken 2300 applications for energy assistance since July 04.

-COMMISSIONER’S COMMENTS –

Commissioner Guns – declined comment

Commissioner Kilby – wished Commissioner Manlove a Happy Birthday.

Vice President Hepbron – declined comment.

Commissioner Manlove – explained his vote relating to the public hearing.

President Bolender – declined comment.

- PUBLIC COMMENT –

Jim Mullin, Earleville – commented about a recent article concerning the visit of Secretary Scott and adequate public facilities.

Rupert Rossetti – commented about the lighted full-size billboard located in the Port Deposit area.

Sandor Lipsic – commented relative to the vacancy in the Planning Commission and the fact that his application was never acknowledged.  He further commented about the negative impact of slots to the area.

Ronald Rae – commented about the water supply in the county.

Sally Cairns – commented about the Women’s Commission.

Owen Thorne – commented about the Master Water and Sewer Plan and the negative impact of the amendment that was granted.

- INTRODUCTION OF ORDINANCE 2005-01 –

Pat Conway, Director of Permits & Inspections introduced to the Board the 2003 International Building Code and 2003 International Code as Adopted by the International Code Council and the State of Maryland as applicable building codes to be applied to building construction in Cecil County.  The new regulations, if approved by the Board will become effective on March 1, 2005.  The regulations will be presented to the Board for approval in the form of an Ordinance at the Board of County Commissioners Meeting on February 15, 2005.

- APPOINTMENTS –

Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve the appointment of Vernon Thompson, Director of Economic Development to the Bainbridge Development Corporation, replacing Paul Gilbert.  The term will expire on 10/18/06.

Motion was made by Commissioner Guns, seconded by Commissioner Manlove and unanimously carried to approve the following appointments to the Cecil Mental Health Partnership:

Reed Gehring, 718 Bridge St., Elkton, MD, replacing Howard Isenberger, term to expire on 6/30/07

Lucia Manetta, Perry Point VA Hospital, Perry Point, MD, replacing Jane Manlove, term to expire on 6/30/06

- RESOLUTION – UPDATE COUNTY’S EXPENSE REIMBURSEMENT POLICY –

Al Wein, County Administrator presented the Board with a Resolution for consideration updating the County’s Expense Reimbursement Policy and mileage reimbursement.

Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve the Resolution updating the County’s Expense Reimbursement Policy and Mileage Reimbursement.  A copy of this Resolution is incorporated as part of these minutes.

- DEEDS BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND FIELDER PROPERTY, INC., AND GERMAN MANOR LLC FOR THE DEVELOPMENT OF CHANTILLY MANOR, SECTIONS TWO & THREE AND SUSQUEHANNA, SECTION ONE -

Matt Carter, Director of Public Works presented the Board for approval a Deed between Fielder Property Inc., German Manor, LLC and the Board of County Commissioners of Cecil County for the development known as Chantilly Manor, Sections Two & Three.

Motion was made by President Bolender, seconded by commissioner Guns and unanimously carried to accept the Deed for Chantilly Manor, Section Two and Three.

Matt Carter, presented the Board for approval a Deed Between Fielder Property Inc., and the Board of County commissioners for the development known as Susquehanna, Section One.

Motion was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to accept the Deed for Susquehanna, Section One.

- RECOMMENDATION OF AWARD FOR THE ROADS DIVISIONS OPERATIONS CENTER –

Director Carter presented the Board for approval a recommendation of award for the Roads Division Operation Center.  Bids were received by the Purchasing Agent for the subject project on January 25, 2005.  The building will replace the existing Roads Division office trailers and is sized to accommodate existing needs with the first floor only, but the second floor option provides for the flexibility as the needs of the Roads Division Change. 

Two responsive bids were received and the Department of Public Works recommends award to McComsey Builders, Inc., in the amount of $369,450.00.

Upon the recommendation of Matt Carter, motion was made by Commissioner Kilby, seconded by Vice President Hepbron and unanimously carried to award Bid #05-31 Roads Division Central Operations Building to McComsey Builder’s Inc., in the amount of $369,450.00.

-RFP 05-02 911 CENTER WORKSTATION FURNITURE –

Upon the recommendation of the Purchasing Agent, motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to reject the bid from Duron Corporate Furniture as non-responsive.

- BUDGET AMENDMENTS NOS. 80-86

Motion was made by Commissioner Guns, seconded by Vice President Hepbron and unanimously carried to approve Budget Amendments 80-86.

The next meeting of the Board of County Commissioners will be held on Tuesday, February 15, 2005 at the Chesapeake City Town Hall.

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

Alfred C. Wein, Jr.
County Administrator

Approved:
Nelson K. Bolender, President