The Board of County Commissioners for Cecil County met in regular session at the Chesapeake City Town Hall, 108 Bohemia Ave., Chesapeake City, MD on Tuesday, February 15, 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 February 1, 2005 Board of County Commissioners Meeting were unanimously approved.

The minutes from the February 1, 2005 Board of Health Meeting were unanimously approved.

The minutes from the February 8, 2005 Rezoning Hearing heard by Board of County Commissioners were unanimously approved.

-TREASURER’S REPORT –

Pamela Howard, Treasurer for Cecil County, presented the Board with the monthly Treasurer’s Report as of January 30, 2005.

-  PROCLAMATION – PURCHASING MONTH –

President Bolender presented Dave Pyle, Purchasing Agent with a Proclamation proclaiming the month of March National Association of Purchasing Management, Purchasing Month.

- COMMISSIONERS’ COMMENTS-

Commissioner Manlove – declined any comment.

Commissioner Guns – declined any comment.

Commissioner Kilby – commented relative to the busy schedule of the entire Board in Annapolis this legislative session.

President Bolender – seconded Commissioner Kilby’s comment.

Vice President Hepbron – declined comment.

-PUBLIC COMMENT –

Patricia Garrett, Chesapeake City – read a letter from the Mayor and Council of Chesapeake City, explaining their concerns regarding the proposed grain dock.  A copy of this letter was submitted for recordation.

Bill Kiessling, 427 Biddle Street, Chesapeake City - on behalf of the Town Council of Chesapeake City, and spoke of the concerns of the town and the residents of Chesapeake City relating to the proposed grain dock in Chesapeake City. 

Tracy M. Sampson, 314 Bohemia Ave., Chesapeake City – on behalf of the Historic Council for Chesapeake City, commented relative to the historic significance of the Chesapeake City Volunteer Fire Station and the impact travel affiliated with the grain dock could have on the structural reliability of the building.

Alexandria Meyer, Warwick – commented relating to a public comment that was omitted from the December 21, 2004 Minutes.  Additionally, she requested information from the Board relating to bids for the Old Telegraph Road Bridge and about the restriction of any work for the county by the previous contractor of the Old Telegraph Road Bridge. 

The Board directed Mattheu Carter, Director of Public Works to respond.

Mr. Carter responded and stated that bids were received and that there is not sufficient evidence to withhold work from the previous contractor.

-  APPOINTMENTS –

Motion was made by Commissioner Guns, seconded by Commissioner Kilby and unanimously carried to re-appoint the following members to the Historic District Commission.  Terms will expire on March 1, 2008:

Patricia Folk, One Farmhouse, Ln., Elkton, MD

Mike Dixon, 55 Sunnybrook Dr., Elkton, MD

Motion was made by Commissioner Kilby, seconded by Commissioner Manlove and unanimously carried to approve the appointment of the following member to the Building Board of Appeals.  Term will expire February 15, 2010.

Will Whiteman, 71 Crestwood Drive, Elkton, MD

Motion was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to approve the appointment of the following members to the Plumbing Board.  Terms will expire February 16, 2006.

Melvin (Ted) Reburn, 361 Fell Road, Rising Sun, MD

Ronald Dixon, 8 Mount Rocky Lane, Colora, MD

Larry Crouse, 208 North Street, Elkton, MD

Motion was made by Commissioner Guns, seconded by Commissioner Manlove and unanimously carried to approve the appointment of the following member to the Mechanical Code Board.  Term will expire on February 15, 2010.

Robert Meffley, 2727 Augustine Herman Hwy.,Chesapeake City, MD

Motion was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to approve the appointments of the following members to the Electrical Board.  Terms will expire on February 15, 2008.

Charles McCoy, 101 Lincoln Ave., Elkton, MD

Joseph F. Simmons, 307 North Bridge St., Elkton, MD

Donald Hicks, 103 W. Stockton St., Elkton, MD

- TREASURER SALARY LEGISLATIVE REQUEST –

County Administrator Wein presented the proposed salary increase for the Treasurer for Cecil County.  The request will be a graduated pay plan commencing in 2007 at $60,000 and increase each year until 2010 at which time the salary will be $85,000.

Motion was made by Commissioner Manlove, seconded by Commissioner Kilby.  Motion was approved by a three – two vote.

VOTE:

Bolender – Y            Hepbron – N             Kilby – Y

Manlove – Y             Guns – N

Commissioner Guns commented relative to his vote.

-ORDINANCE 2005-01 REPLACING THE 2000 INTERNATIONAL BUILDING CODE AND THE 2000 INTERNATIONAL RESIDENTIAL CODE WITH THE 2003 INTERNATIONAL BUILDING AND 2003 INTERNATIONAL RESIDENTIAL CODES AS ADOPTED BY THE INTERNATIONAL CODE COUNCIL AND THE STATE OF MARYLAND AS THE APPLICABLE BUILDING CODES TO BE APPLIED TO BUILDING CONSTRUCTION IN CECIL COUNTY, MARYLAND –

Administrator Wein presented the Ordinance for approval, updating the existing codes with the Department of Permits and Inspections introduced by Director Conway at the Board of County Commissioners Meeting on February 1, 2005.

Motion was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to approve Ordinance 2005-01.  This Ordinance will take effect on March 1, 2005

- AMENDMENT TO PURCHASE ACQUISITION 82 COX LANE –

Director Frank Muller, Emergency Management Services presented the Board with an amendment to the previously approved purchase acquisition of 82 Cox Lane as part of the Farr Creek Acquisition Program.  The amendment specifically states that in the event state funding is not available, the county is responsible for up to twenty-five percent of the cost of the acquisition.

Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve the amendment presented for the acquisition of 82 Cox Lane.

-PROPOSAL FOR ODOR & NOISE IDENTIFICATION AND REMEDIATION – CHERRY HILL WASTEWATER TREATMENT PLANT –

Administrator Wein presented a proposal from Camp Dresser & McKee, Inc., in the amount of $33,000 for the identification and remediation of the Cherry Hill Wastewater Treatment Plant with a completion date in July.

Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve the proposal of CDM, Inc., in the amount of $33,000.

- MALPF EASEMENT RANKING CRITERIA –

David Black, Office of Planning, Zoning, Parks & Recreation presented the Board for approval the New MALPF Ranking System Criteria that will be effective March 1, 2005, based upon state recommended revisions to the MALPF Easement Acquisition Program.  The Cecil County Agricultural Preservation Advisory Board approved the Cecil County Easement Ranking System.

Motion was made by Commissioner Guns, seconded by Commissioner Kilby and unanimously carried to approve the MALPF Easement Ranking Criteria.

-  INTRODUCTION OF INDUSTRIAL DISCHARGE PERMIT RENEWAL FOR CARGILL FOODS –

Matheu Carter, Director of Public Works, presented the Board for introduction the Draft Wastewater Discharge Permit for Cargill Foods.  Cargill Foods is currently in possession of a permit issued in 1999.  The draft is reflective of the changing landscape of their facility and the Meadowview Wastewater Treatment Plant.  Mr. Carter indicated that this permit will be submitted for approval at the Board of County Commissioners in April.

- RECOMMENDATION OF AWARD FOR SANITARY SEWER IMPROVEMENTS, THOMAS AVENUE, NORTH EAST SANITARY SUBDISTRICT, BID NO. 04-28 –

Upon the recommendation of Mr. Carter, motion was made by Commissioner Guns, seconded by Commissioner Kilby and unanimously carried to award Bid No. 04-28 to the low bidder, Lindstrom Excavating Contractors, Inc., in the amount of $419,267.27.

- RECOMMENDATION OF AWARD FOR THE REHABILITATION OF BOHEMIA MILLS DAM AT OLD TELEGRAPH ROAD OVER GREAT BOHEMIA CREEK, BID NO. 05-32 –

Upon the recommendation of Mr. Carter, motion was made by Commissioner Hepbron, seconded by Commissioner Kilby and unanimously carried to award Bid No. 05-32 to JJID the apparent, low bidder and their bid package, including follow-up questions to the bidder in the amount of $364,576.00.

- DEED BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND LAMBDIN DEVELOPMENT LIMITED LIABILITY COMPANY FOR THE SUBDIVISION KNOWN AS WHITAKER WOODS, PHASES VI AND VII –

Upon the recommendation of Mr. Carter, motion was made by Commissioner Hepbron, seconded by Commissioner Kilby and unanimously carried to accept the Deed between the Board of County Commissioners and Lambdin Development LLC for Phases VI & VII known as Whitaker Woods.

- BID AWARD -5-38 – TRASH REMOVAL – WINDING BROOK –

Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Hepbron, seconded by Commissioner Manlove and unanimously carried to award the Bid for trash removal from Winding Brook, a special taxing district, to Independent Disposal Services, LLC in the amount of $12.19 per lot per month.

- BUDGET AMENDMENTS NOS. 87 – 97 –

Motion was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to approve Budget Amendments Nos. 87 – 97.

The next regular meeting of the Board of County Commissioners will be held on Tuesday, March 15, 2005 at County Administrative Building.

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

Alfred C. Wein, Jr.
County Administrator

Approved:
Nelson K. Bolender, President