The Board of County Commissioners for Cecil County met in regular session in the County Administrative Building, on Tuesday, July 19, 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 2:00 p.m. and opened with the Pledge of Allegiance.

The minutes from the June 14, 2005 meeting of the Board of County Commissioners for the purposes of a rezoning matter were unanimously approved.

The minutes from the June 21, 2005 Board of County Commissioners Regular Meeting were unanimously approved as amended.

The minutes from the June 30, 2005 Board of County Commissioners meeting for the purposes of proposed text amendments were unanimously approved.

-COMMISSIONERS’ COMMENTS-

Commissioner Guns – declined comment.

Commissioner Kilby – welcomed members of the local 4H Group who gave a brief presentation on the 4-H Livestock Auction to be held on July 29, 2005 at the Cecil County Fairgrounds.

President Bolender – declined comment.

Vice President Hepbron – declined comment.

Commissioner Manlove – declined comment.

- TREASURER’S REPORT –

Pamela Howard, Treasurer presented the Board with the monthly Treasurer’s Report as of June 30, 2005 .

- USRC HARVEST DIRECTORY –

Joanne Richhart Young, Agricultural Coordinator for Cecil County introduced Jeremy Rothwell, a student at Washington University and part-time employee of the Upper Shore Regional Council. They presented the Board with the USRC Harvest Directory that will be distributed throughout the region.

Jennifer Parker of AmeriSuites made an introduction to the Board on behalf of the new AmeriSuites Hotel located on Belle Hille Road in Elkton.

- PUBLIC HEARING – OPTION AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND WALTER M. & JEAN C. BAKER –

Al Wein, County Administrator presented the Board for approval an Option Agreement between the Board of County Commissioners and Walter M. and Jean C. Baker for the purchase of 10,105.1 square feet or .232 acre, for the use in constructing, operating, and maintaining a sewage pumping station on property located on Mechanics Valley Road, adjacent to U.S. Route 40 in the amount of $25,000.

COMMENTS SUPPORT/OPPOSITION: None

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

TEXT AMENDMENT – MASTER WATER & SEWER PLAN – AMEND CHAPTER THREE – WATER SYSTEMS – PRINCIPIO WATER COMPANY –

Eric Sennstrom, Director, Planning, Zoning, Parks & Recreation presented the Board with a proposed Text Amendment to the Master Water & Sewer Plan, amending Chapter Three, Water Systems adding Section 3.2.12 Principio Water Company. A proposed private water company to serve an area including but not limited to the Principio Business Park and Charlestown Crossing within the County’s designated growth area. The Principio Water Company will be constructed, operated, managed, maintained and used to provide service to areas of the designated growth area that cannot be adequately and efficiently served at a reasonable price by municipal water systems.

Subsection A of the Section defines the existing Principio Water Company that currently has an elevated 500,000 gallon storage tank and over 2.5 miles of distributions lines. The source of water will be from wells. Presently, the system also has an interconnection to the Town of North East municipal system. The system serves one facility at this time and will serve other businesses established within the park as they are developed.

Subsection B describes the proposed improvements to its system to serve the businesses in the Park and the residences and businesses in Charlestown Crossing, adjacent to the park. The improvements will include additional storage capacity up to 1.5 million gallons or more; additional wells; pumping facilities and additional lines to distribute up to 1.0 mgd. Interconnections with municipal and other private systems are contemplated to improve the regional distribution of water in the area. A reservoir may be added for additional storage. The completed system will be able to serve anticipated residential and commercial/industrial connections to the service area.

Subsection C describes the Private Community Water Systems located within the County and amends the table to include the Principio Water Company.

Mr. Sennstrom advised the Board that notice for this public hearing was advertised in the Cecil Whig on June 29, 2005 and July 6, 2005 . The Planning Commission recommended approval of the amendment at their July 18, 2005 meeting.

Mike Vaughan on behalf of Stewart Associates and Randall Lutz, Counsel for Stewart Associates, Developer of the Principio Business Park appeared in support of the proposed Text Amendment. Mr. Lutz stressed the importance of having reliable, reasonably priced water to the Board. He further advised of the options pursued over the past several years, and that the establishment of the Principio Water Company is the only viable option at this time.

Mr. Lutz further advised the Board that a storage tank and water/sewer lines have already been constructed, the sewer will be connected to the Seneca Point Plant. Mr. Lutz advised the Board of potential new businesses and residential areas located within the growth area.

Mr. Sennstrom advised the Board that the establishment of this private water company would be consistent with the language in the Cecil County Master Water and Sewer Plan.

COMMENTS IN SUPPORT:

Rebecca Demmler, Childs, MD – commented in support of the proposed text amendment.

Gene Cochrane, Earleville , MD – as Chairman of the Waste Water Task Force commented in support of the proposed amendment. He stated that this proposal was consistent with the recommendations of the Task Force.

Dan Schnekenberger, Port Deposit, MD – as a member of the Waste Water Task Force commented in support of the proposed amendment.

Owen Thorne, 20 Hillwood Drive , Elkton – commented in support of the proposed text amendment.

Jim Brady, Elkton , MD – as a member of the Waste Water Task Force commented in support of the proposed text amendment.

COMMENTS IN OPPOSITION:

Albert Young, Counsel for the Town of North East addressed the Board on behalf of the Town of North East to voice their opposition to this amendment. Mr. Young advised the Board that the Town of North East was unaware of this public hearing and therefore, is not prepared. He stated that this meeting was not on the agenda of the Planning Commission that was posted on the County website. He presented the Planning Commission Agenda of July 18, 2005 as an exhibit. Mr. Young contended that in accordance with Environment Article, of the Annotated Code, the Town of North East should have been advised of this public hearing and provided a summary of the hearing in advance. Mr. Young presented the Board with the following exhibits: Urban Growth Boundary Plan; Water Service Agreement dated 3/5/02; Memorandum of Understanding dated 3/5/02; Board of County Commissioners Minutes 6/11/02; Public Works Agreement for Construction of Water Facilities & Services of Public Water to the Principio Business Park, dated 10/29/03; Water Service Agreement between Champion Principio Partners and the Town of North East. Upon presentation of each exhibit he offered the relevance of each document relating to this matter.

President Bolender – asked for a legal opinion from Dwight Thomey, the County Attorney to ascertain the necessity of advance notice to the Town of North East .

Mr. Thomey advised the Board that he has been unaware of any statute requiring such notice and the law that Mr. Young is citing is not applicable in this matter. Mr. Thomey further indicated that the Town of North East is here and has been given the opportunity to comment.

Mayor McKnight commented that this decision will drastically affect the Town of North East and that they should be afforded the opportunity to respond.

Commissioner Manlove asked for clarification as to whether or not the Town of North East is obligated to provide water to the area, as a result of the Water Service Agreement.

Mr. Sennstrom advised the Commissioner that the Town does not hold exclusive rights for the provision of water and sewer to the area. It is up to the individual lot owner to ascertain what system they will use.

Mr. Thomey advised the Board that the Water & Sewer Agreement does not prevent another entity or private owner, from providing water to this area.

President Bolender called for a motion to proceed with this public hearing.

Vice President Hepbron made a motion to proceed with the public hearing, Commissioner Kilby seconded the motion.

Commissioner Guns requested that the Town be given an additional fourteen days to present a case.

Commissioner Guns motion was not recognized.

The motion was brought forward again by Vice President Hepbron, seconded by Commissioner Kilby and carried forward by a majority vote.

VOTE:

Bolender – Y              Hepbron – Y                   Kilby – Y

Manlove – N              Guns – N

Mayor McKnight was permitted to read a statement pertaining to this matter.

Commissioner Guns commented that he was very much opposed to going forward with this motion today. He indicated that the Town of North East should have been given more time to gather information to present at this public hearing.

President Bolender commented that there is no reason to delay this vote any further.

Commissioner Manlove commented relating to the Water Service Agreement with the Town of North East and realizes that water is necessary to the Route 40 corridor.

Motion was made by Vice President Hebpron, seconded by Commissioner Kilby and carried by a majority vote to approve the motion to amend the proposed text amendment, amending Chapter 3 - Water Systems with the inclusion of the Principio Water Company.

VOTE:

Bolender – Y         Hepbron – Y        Kilby – Y        Manlove – N

Guns - N

-PUBLIC HEARING – TEXT AMENDMENT – ZONING ORDINANCE, ADD SECTION 157 PUBLIC GOLF COURSES, PRIVATE GOLF COURSES AND PUBLICLY OWNED GOLF COURSES –

Director Sennstrom presented the Board with an Amendment to the Cecil County Zoning Ordinance, Section 157 concerning public golf courses, privately owned golf courses and public and private owned courses approved as part of some residential development, as recommended by the Planning Commission. The addition of the following text addressing setbacks for fairways; minimum setbacks for tees; landscape plans for vegetative screens along the perimeter of course; setback of dwellings on courses; driving ranges; outdoor lighting; provision of food, refreshment and entertainment; off street parking and loading areas; clubhouse and accessory parking and concept approval prior to the adoption of these regulations.

Mr. Sennstrom further advised the Board that the Planning Commission recommended approval of the text amendment at their June 20, 2005 meeting and that notice of this public hearing was published in the newspaper for two consecutive weeks as required.

-COMMENT/SUPPORT –

Owen Thorne, 20 Hillwood Drive , Elkton – commented in support of the proposed text amendment. However, commented in favor of amending number ten, to not grandfather projects that have previously received concept approval prior to the adoption of these regulations.

Andrew Barbin - on behalf of the Chesapeake Golf Club, spoke in favor of the proposed text amendments, however, recommended changes to the text amendment. He presented his recommended changes to the Board for consideration. The changes consisted of language to include residential development adjacent to golf courses; proposed plan setbacks and vegetative screen setbacks; driving ranges; parking and final approval exemption.

Andrew Barbin, Sr. - on behalf of the Chesapeake Golf Club, spoke in favor of the proposed text amendment, with the revisions presented by his son. He spoke of the importance of operating safe golf courses.

Mr. Rae, 4 St. Pat’s Circle, Elkton – commented in support of the proposed text amendments.

Rich Hyber, North East – commented in support of the proposed text amendments to protect the residents of golf course communities, with the exception of the concept approval issue.

Mr. Barben – commented in favor of the proposed text amendment with the suggested revisions, as previously presented.

Mike Pugh – commented relating to the proposed text amendment and stated that in his opinion, this amendment is not necessary. He further described the project he is involved with First Maryland Holding and the development of housing in the area. Mr. Pugh commented of the desire of his client to comply with set backs and buffers and presented a sketch of the plan.

David Wyant, First Maryland Holdings – commented in support of safe residential golf course communities and supported the Planning Commission’s recommendations relating to the proposed text amendment.

David Parrack, on behalf of First Maryland Holding commented in support of the proposed text amendment.

Mr. Sennstrom submitted to the Board correspondence that was received by the Office of Planning & Zoning relative to the proposed text amendment.

DISCUSSION:

There was discussion between the Board and Mr. Sennstrom relative to the definition of vegetative screen.

Commissioner Guns made a motion to adopt the amendment with a revision to item #10 from concept to final, to also include the wording of enhanced vegetation as deemed appropriate by the Planning Commission in items 1, 2 & 4.

Commissioner Kilby commented that she was not in agreement as to the vegetative screen language and motioned to amend the language relating to the vegetative screen.

Vice President Hepbron seconded the motion, and stated he was not in favor of the vegetative screen language.

Commissioner Guns declined the amendment to his motion.

The motion was called to the floor by Commissioner Guns, seconded by President Bolender and carried by a majority vote.

VOTE:

Bolender – Y             Hepbron – N             Kilby – N

Manlove - Y               Guns – Y

-PUBLIC COMMENT –

Bill Karnuck, Tower Point Road , Chesapeake City – spoke relative to the Tower Point road construction district that is on the Board’s agenda and encouraged the Board to continue with the district.

Rebecca Demmler, Childs, MD – commented relative to the lack of notice for public hearings by the County.

Ronald Rae, 4 St. Pat’s Circle, Elkton – commended the Treasurer’s Office for their diligence in collecting Globetec’s loan.

Owen Thorne, 20 Hillwood Dr. , commented relative to the lack of communication by the County relative to meetings, public hearings and the day to day activities in which the Board is involved.

-APPOINTMENTS –

Motion was made by Commissioner Guns, seconded by Vice President Hepbron and unanimously carried to appoint the following to the Water/Wastewater Advisory Committee:

Nelson K. Bolender Nick Inglisia

Eugene Cochrane Dan Schneckenberger

Staff Members:

Alfred C. Wein, Jr. Matt Carter

Vernon Thompson Eric Sennstrom

Motion was made by Commissioner Guns, seconded by Vice President Hepbron and unanimously carried to appoint the following to the Department of Social Services Board:

Rex Sizemore – three-year term to expire 6/30/08 - reappointment

Carol England – three-year term to expire 6/30/08 - reappointment

Jim Jones – three-year term to expire 6/30/08 – reappointment

Bev Sanders – to fulfill the term of Bev Lewis – term to expire 6/30/07

Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to appoint the following to the Core Advisory Board:

-Charlotte Temple – replacing Linda Cote & Mitsie DeCosta, term to expire 11/4/06

Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to appoint the following members to the Planning Commission for a three-year term to expire 8/30/05 :

Joyce Bowlsbey, 73 Laurel Run Road , Elkton , MD

Robert Knutsen, 130 Knutsen Lane , Rising Sun, MD

Motion was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to appoint the following members to the Board of Appeals for a three-year term to expire 8/30/05 :

John Hunter, 1346 Jacob Tome Hwy. , Port Deposit, MD

Beecher Rasnake, P.O. Box 399, North East, MD

-TOWER POINT ROAD CONSTRUCTION DISTRICT –

Mr. Wein, County Administrator presented the Board with the Tower Point Road Construction District as an action item, in follow-up to the July 6, 2005 public hearing. In accordance with Chapter 75 of the Cecil County Code, the Board must make a determination whether to proceed with the road construction district.

Commissioner Comment:

Commissioner Manlove – commented that he was not in favor of proceeding at this time due to lack of cooperation and dissension within the community of Tower Point, between the homeowner’s association and the residents.

President Bolender – commented that he was disappointed in the lack of communication within the community and that he is not opposed to the special taxing district, but there must more cooperation within the community.

Motion was made by Commissioner Manlove, to not proceed with the road construction district for Tower Point at this time. The motion was seconded by President Bolender and was unanimously carried by the Board.

-PROJECT AGREEMENT – AMENDMENT #1, U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE –

Mr. Wein presented the Board for approval Amendment #1, U.S. Department of Agriculture Natural Resources Conservation Service Project Agreement between the Board of County Commissioners and the Department of Agriculture that involves in-kind services of landfill fees in the amount of $18,330.00. This agreement is as a result of the installation of emergency watershed protection measurers to relieve hazards and damages as a result of storm damage from the July 12, 2004 storm.

Motion was made by Commissioner Manlove, seconded by Vice President Hepbron and unanimously carried to approve Amendment #1 of the Project Agreement as presented by Mr. Wein.

-LEASE AGREEMENT – PETTINARO ENTERPRISES – SHERIFF’S OFFICE CID UNIT –

Motion was made by Commissioner Kilby, seconded by Vice President Hepbron and unanimously carried to approve a lease between Pettinaro Enterprises and the Board of County Commissioners for the period: July 1, 2005 through December 31, 2005 .

-INTERGOVERNMENTAL AGREEMENT BETWEEN THE OFFICE OF HOUSING & COMMUNITY DEVELOPMENT AND FAMILY SERVICES ASSOCIATION – IDA PROGRAM SERVICES –

Mr. Wein presented the annual agreement between the Office of Housing & Community Development and the Family Services Association for program services provided to manage the Cecil County Individual Development Account, commencing on July 1, 2005 and continuing through June 30. 2006.

Motion was made by Commissioner Manlove, seconded by Commissioner Kilby and unanimously carried to approve the agreement.

-ELK RIVER REDESIGN & DESIGN –

Mr. Sennstrom presented the Board with a recommendation for the Elk River Park Redesign and Design Award. Based upon the best combination of technical competence and fee, the Office of Planning, Zoning, Parks & Recreation recommends that Andrews Miller & Associates be awarded the project in the amount of $66,702.

Motion was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to award the Elk River Redesign & Design to Andrews Miller & Associates in the amount of $66,072.

-PUBLIC WORKS –

-RECOMMENDATION FOR AWARD – BID NO. 06-08 BACKUP POWER GENERATOR – WATER & WASTEWATER DIVISION –

Upon the recommendation of Matt Carter, motion was made by Commissioner Guns, seconded by Vice President Hepbron and unanimously carried to award Bid No. 06-08 for a Backup Power Generator to T.M. Cooper, lowest responsive bidder, in the amount of $330,000.

-RECOMMENDATION FOR AWARD – JET VAC TRUCK -

Upon the recommendation of Matt Carter, motion was made by Vice President Hepbron, seconded by Commission Kilby and unanimously carried to approve the purchase of a Jet Vac Truck for the Water and Wastewater Division from Atlantic Machinery in the amount of $237,567.29.

-BIDS & AWARDS –

Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Manlove, seconded by Vice President Hepbron and unanimously carried to award Bid No. 06-02 Cecil County Corrections Facility Camera Upgrade to Harford Alarm Company in the amount of $79,600.

Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Guns, seconded by Vice President Hepbron and unanimously carried to award Bid No. 06-10 Roll-off Truck with Ampliroll Hooklift to Ingolds, Hico, Inc., in the amount of $114,089.70.

Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Kilby, seconded by Vice President Hepbron and unanimously carried to award Bid No. 06-11 Rear Engine Track Loader to Alban Tractor Company, Inc., in the amount of $360,799.

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. 06-02 Cecil County Corrections Facility Renovation and Expansion Master Plan to E.I. Associates in the amount of $40,000.

-BUDGET AMENDMENTS NOS. 1 – 13

Motion was made by Commissioner Kilby, seconded by Vice President Hepbron and unanimously carried to approve Budget Amendment Nos. 1 – 13.

The next regular meeting of the Board of County Commissioners will be held on Tuesday, August 16, 2005 at County Administrative Building .

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

Alfred C. Wein, Jr.
County Administrator

Approved:
Nelson K. Bolender, President