The Board of County Commissioners for Cecil County met in regular session at the County Administration Office, on Tuesday, August 15, 2006.  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 July 18, 2006 meeting of the Board of County Commissioners were unanimously approved.

The minutes from the July 18, 2006 Board of Health were unanimously approved.

-COMMISSIONERS' COMMENTS-

Commissioner Kilby - announced that a brochure from the Historic Designation Preservation Society would soon be available for distribution.  Commissioner Kilby also commented relating to the Planning Commission appointments that are on the agenda.  She discussed the interview and selection process by the Board for the current positions.

President Bolender - declined comment.

Vice President Hepbron - declined comment.

Commissioner Manlove - declined comment.

Commissioner Guns - declined comment.

- TREASURER'S REPORT -

Pamela Howard, Treasurer for Cecil County presented the Treasurer's Report for the period ending July 31, 2006.  A copy of this report is incorporated into these minutes.

- PRINCIPIO BUSINESS PARK UPDATE -

Vernon Thompson, Director of Economic Development and Mike Vaughan, Stewart & Associates briefed the Board on the progress of the Principio Business Park, including the current and proposed structures located within the park, as well as the availability and accessibility of the water, sewer, rail and road infrastructure available to potential businesses.

- BOHEMIA VISTA YACHT CLUB -

Mr. Kurt Sarac, Bohemia Vista Yacht Club thanked the Board for their approval of a Business and Economic Development Loan in which he was the recipient of.  He discussed the accomplishments of the business thus far and also discussed ideas for enhancing marina business throughout the State of Maryland.

-PROCLAMATION - NATIONAL RECOVERY MONTH -

President Bolender presented a proclamation to Dr. Virginia Bailey in recognition of National Recovery Month.

- PUBLIC HEARING - ZONING ORDINANCE, TEXT AMENDMENTS -

Amend Article XV. Permitting & Approval Process - Add 293. Director of Planning

Amend Article XVI, Part I, Section 295. Planning Commission

Subdivision Regulations, Text Amendments -

Amend Article II, Section 2.0 Definitions

Amend Article IV, Section 4.2 Final Plat

Amend Article VI, Section 6.3 Site Development Plan

Amend Article VI, Section 6.6 Mobile Home Park Developments

Mr. Eric Sennstrom, Director of Planning, Zoning, Parks and Recreation presented the following text amendment to the Board for consideration: 

ZONING ORDINANCE TEXT AMENDMENTS

ARTICLE XV.         PERMITTING AND APPROVAL PROCESS

Section 293.{Reserved}[Director of Planning and Zoning

1. The Director of Planning and Zoning shall have the authority to approve requests for one year extension of concept plats and to approve requests for the extension of preliminary plats.
2. The Director of Planning and Zoning shall have the authority to approve final major subdivision plats.
3. The Director of Planning and Zoning shall consider the following when deciding whether to grant a concept plat extension:
4. 1. Change in the zoning classification of the property.
   2. Change in the Zoning Ordinance.
   3. Change in the Subdivision Regulations.
   4. Change in the Comprehensive Plan.
   5. Change in the Critical Area designation of the property.
   6. Change in the Critical Area Program.
   7. Change in the Forest Conservation Regulations.
5. The Director of Planning and Zoning shall consider the following when deciding whether to grant a preliminary plat extension:
6. 1. Change in adjoining land use.
   2. Change in street or highway plan.
   3. Change in zoning or subdivision regulations.
7. The Director of Planning and Zoning shall review the final plat against the approved preliminary plat and any modification contained therein.  The final plat shall receive approval or denial within sixty (60) days after its formal submission, along with all guarantees and modifications.  If approval is not given, the reasons therefore, shall be given to the developer in writing by the Planning Department.]  

ARTICLE XVI         ADMINISTRATIVE MECHANISMS

Part I Planning Commission

Section 295.    Planning Commission Established

8. The Planning Commission shall have the following powers and duties:

a.      Review, evaluate and approve or disapprove plans for [concept and preliminary major] subdivisions in accordance with this ordinance and the Cecil County Subdivision regulations.

SUBDIVISION REGULATIONS TEXT AMENDMENTS

ARTICLE II.  GENERAL PROVISIONS

SECTION 2.0 - Definitions

"Plats":

(c) "Final Plat": The final map, drawing or chart upon which the subdivider's plan of subdivision is presented to the {Planning Commission}[Director of Planning and Zoning] for approval, and which, if approved, will be submitted to the County Court House for recording.

"Subdivision Review Meeting": The Planning Commission as administering the Subdivision Regulations has established that [concept and preliminary] subdivision plats will be reviewed {six (6) times per year in months designated by the Commission}[monthly and at other times at the call of the Chairman].

SECTION 4.2            - Final Plat

4.2.3 - Final plats must be brought before{the Planning Commission at their regular meeting}[Director of Planning and Zoning] before they can be signed and recorded as directed by this document.

4.2.12 - Model Homes may be erected on the proposed development site only after final approval is given by the {Planning Commission}[Director of Planning and Zoning] but prior to the recording of the final plat.  The developer may erect up to five (5) residences upon approval of the terms and conditions for such buildings from the Public Works Department of Cecil County.

SECTION 6.3 - Site Development Plan

6.3.3 - A Final Plat/Plan for any residential multi-family development must be submitted to the {Planning Commission}[Director of Planning and Zoning] for approval in accordance with 4.2.13 and 4.2.14.

SECTION 6.6 - MobileHome ParkDevelopments

6.6.2 - Final Plat. A Final Plat shall be submitted showing the final layout of the development as approved by the {Planning Commission}[Director of Planning and Zoning].  The Final Plat shall be submitted in accordance with Section 4.2.  The Final Plat shall be recorded.

[Addition]

{Deletion}

COMMENTS SUPPORT/OPPOSITION:

Owen Thorne, 20 Hillwood, Elkton - spoke in opposition to the proposed text amendment and stated that citizens would lose the right to testify during public hearings.  He suggested looking at other ways to reduce the burden on the Planning Commission.

Alice Arbuckle, 42 Matthew Bathon Court, Elkton - spoke in opposition to the proposed text amendment.

Ed Cairns, 104 Jackson Hall School Road, Elkton - spoke in opposition to the proposed text amendment.  He stated that the proposed amendment would disallow public scrutiny of many items placed before the Planning Commission

Rupert Rosetti, Dr. Jack Road, Port Deposit - commented about the entire process of planning and zoning matters and stated that the entire process needs analysis and to be streamlined.

Clay McDowell - commented about the importance of reducing the planning commission agendas and stated that the entire process needs to be addressed.

Tom McWilliams, 245 Plum Point Road, Elkton -commented in opposition.

Ronald Rae, 4 St. Pat's Circle, Elkton - commented relating to preliminary plats being review by a Maryland Appraiser at the developer's cost, prior to submission to the planning commission.

Sally Cairns, 104 Jackson Hall School Road, Elkton - spoke in opposition to the proposed text amendment. 

Eva Walker, 644 Jackson Hall School Road, Elkton - spoke in opposition to the proposed text amendment.

Motion to disapprove was made by Vice President Hepbron, seconded by Commissioner Manlove and unanimously carried to deny the proposed text amendments.

PUBLIC COMMENT -  

Laura Shanahan - commented about the Cherry Hill Wastewater Treatment Plant and the need to follow the recommendations of the Health Department relating to risk of exposure of gas and odor.

Ed Cairns - commented relating to the process of Planning Commission appointments.

Owen Thorne - commented relating to the process of Planning Commission appointment matters and the importance of public input at the meetings.

Tom McWilliams - complemented the Board on their assistance to Stewart & Associates with the Principio Business Park.

- APPOINTMENTS -

Mechanical Board

Motion was made by Commissioner Guns, seconded by Vice President Hepbron and unanimously carried to re-appoint Steven Moon and Larry Crouse to the Mechanical Board for a five-year term to expire on August 15, 2011.

Planning Commission

President Bolender made a motion, based upon the recommendation of Commissioner Kilby that the Planning Commission appointees are to be named individually and that any member appointed will be made aware that they will exclude themselves from any actions in which they may be involved that would constitute a conflict of interest.  The motion was seconded by Vice President Hepbron and unanimously carried. 

Commissioner Manlove is excluding himself from the vote on the first two appointments.

William Mortimer - re-appointment term expiration  -   8/15/09:

Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to reappoint.

Clay McDowell - re-appointment term expiration - 8/15/09:

Motion was made by Vice President Hepbron, seconded by Commissioner Kilby and unanimously carried to re-appoint Clay McDowell.

B. Patrick Doordan, Jr. - three year term, expiration 8/15/09:

Motion was made by Vice President Hepbron, seconded by President Bolender.

Discussion:  Commissioner Manlove commented relative to his vote.

The motion was carried by a majority vote. 

Vote:  Bolener Y, Hepbron Y, Kilby N, Manlove Y, Guns N

-  LEASE FOR PROPOSED TOURISM VISITOR CENTER -

Sandy Turner, Office of Tourism presented a lease between Cecil Community College and the Cecil County Office of Tourism for the establishment of a Cecil County Visitor Center located at 1193 North East Road, North East, MD.  The lease shall be for a period of twenty (20) years with a ten (10) year non-vacant clause in which either party may terminate the lease for any reason upon six (6) months notice, upon which time, Cecil Community College would reimburse the Cecil County Office of Tourism a prorated portion for real property improvements. 

Motion to approve the proposed lease was made by Commissioner Kilby conditioned upon clarification of the indemnity clause.  The motion was seconded by Commissioner Guns and was passed by a majority vote of 3-2.

VOTE:

Bolender - Y  Hepbron - N   Kilby - Y        Manlove - N   Guns - Y

-INTRODUCTION OF NORTH EAST RIVER WASTEWATER TREATMENT PLANT CAPACITY ALLOCATION RESOLUTION -

Matheu Carter, Capital Facilities introduced a resolution to update the policy for allocation of new or increased sanitary sewage flow to the North East River Advanced Wastewater Treatment Plant between residential and commercial or industrial uses.  The plant's current average daily flow is approximately 930,000 gallons per day of influent sewage based upon a 2 million gallons per day capacity.  This resolution proposes the establishment of two classifications:  (a) Industrial and Commercial use and (b) Residential use and the allocation of the plant's remaining capability among the two categories as follows:  Industrial & Commercial use - 191,000 gallons per day and Residential Use - 879,000 gallons per day and to reserve 80,000 gallons per day for projects granted Fast Track designation of the Board of County Commissioners.

This resolution will be placed on the Board's September 5, 2006 agenda for consideration.

- DEPARTMENT OF PUBLIC WORKS -

W. Scott Flanigan, Director of Public Works presented the following DPW matters:

-DEED OF EASEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF CECIL COUNTY, GRANTORS AND CLIFFORD AND JUDY GUY, GRANTEES FOR ROAD IMPROVEMENTS RAZOR STRAP ROAD-

Upon the recommendation of Mr. Flanigan, motion was made by Commissioner Kilby, seconded by Commissioner Guns and unanimously carried to accept the Deed of Easement between Cecil County and Clifford and Judy Guy for road improvement to Razor Strap Road.

- RECOMMENDATION OF AWARD FOR LANDFILL GAS COLLECTION AND CONTROL SYSTEM, BID NO. 07-21 -

Upon the recommendation of Mr. Flanigan, motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to award Bid No. 07-21 Landfill Gas Collection and Control System to National Earth Services in the amount of $1,313,753.74.

-  BID AWARD NO. 07-19  ROADWAY CULVERT INSTALLATION -

Upon the recommendation of Mr. Flanigan and the Purchasing Agent, motion was made by Commissioner Manlove, seconded by Vice President Hepbron and unanimously carried to award Bid No. 07-21 Northern and Central areas to B&B Excavation in the amount of $63,680 and the Southern area to Pleasanton Excavation in the amount of $61,200.

-BID AWARD NO. 07-20 ROADWAY PIPE -  

Upon the recommendation of Mr. Flanigan and the Purchasing Agent, motion was made by Commissioner Guns, seconded by Vice President Hepbron and unanimously carried to award Bid No. 07-20 to Lane Enterprises, Inc., in the amount of $11,473.05.

- BID AWARD NO. 07-17 - COMMUNITY CENTER PARKING LOT RESURFACING -

Upon the recommendation of Mr. Flanigan and the Purchasing Agent, motion was made by Vice President Hepbron, seconded by Commissioner Guns to award Bid No. 07-17 to Meadows Construction, Inc., in the amount of $85,803.75.

-  BID AWARD NO. 07-18 - ASPHALT OVERLAY -

Upon the recommendation of Mr. Flanigan and the Purchasing Agent, motion was made by Commissioner Kilby, seconded by Vice President Hepbron and unanimously carried to award Bid No. 07-18 to Meadows Construction, Inc., in the amount of $182,920.75.

-CHERRY HILL WATER/WASTEWATER TREATMENT PLANT NOISE AND ODOR RECOMMENDATIONS -           

Mr. Flanigan requested that the above item the Cherry Hill Water/Wastewater Treatment Plant Noise and Odor Recommendations placed as an action item. Mr. Flanigan reviewed the history of the Cherry Hill Wastewater Treatment Plant, and the noise and odor complaints from neighboring homeowners.  Pursuant to the complaints an engineering study was completed.  Based upon that study improvements to the plant were made to reduce the noise level to meet the state standards. The study reflects that the odor exceeds a questionable level a minimum amount of time during the year. 

In June Mr. Flanigan conducted a decision briefing relative to the remaining concerns at the plant.  At that time seven different options for course of actions were reviewed with the Board; the expected effectiveness, the estimated costs and the anticipated operational impacts of the options.   

The recommendation of the Department of Public Works, given the history of the site, the development activity around it, the nature of the complaints  and the study that reflects that the odors are expected to obtain the nuisance threshold a relatively small amount of the time on the north and south boundary lines, is the no construction option.  However, if the Board feels compelled to do something Public Works recommends option 2, which is cover the screen channel and splitter box with an estimated capital cost of approximately $112,000. 

Dr. Bailey of the Cecil County Health Department reported that the evidence was inconclusive regarding potential negative health effects of living in close proximity to an operating wastewater treatment plant.

Motion was made by Vice President Hepbron to carryout option 2, cover the screen channel and splitter box.  President Bolender seconded the motion and the motion was carried by a majority vote.

Vote:

Bolender Y,      Hepbron Y,         Kilby N,         Manlove N,         Guns Y

-  EMERGENCY PURCHASE ORDER - SOLIDS WASTE DIVISION - ADDITION TO AGENDA - 

Upon the recommendation of Mr. Flanigan, motion was made by Commissioner Kilby, seconded by Vice President Hepbron and unanimously carried to place the above item on the agenda.

Mr. Flanigan presented the Board with an emergency purchase order for the hydro-seeding at the Cecil County Landfill to be in compliance with the Maryland Department of the Environment for exposed areas that were recently cited.  In compliance with the Cecil County Purchasing Code, three (3) bids were obtained and it is the recommendation of the Department of Public Works that the bid be awarded to M&M Lawn Service of Baltimore $15,246.00.

Motion was made by Commissioner Guns, seconded by Vice President Hepbron and unanimously carried to award the bid as stated above.

- BUDGET AMENDMENTS -

Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to approve Budget Amendments Nos. 9 - 18.

The next regular meeting of the Board of County Commissioners will be held on Tuesday, August 15, 2006 at 2:00 p.m. at the County Administration Building, 107 North Street, Elkton, MD 21921.

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

Alfred C. Wein, Jr.
County Administrator

Approved:
Nelson K. Bolender, President