The Board of County Commissioners for Cecil County met in regular session at the County Administrative Building, 107 North Street, Elkton, MD, on Tuesday, December 19, 2006.  The following members of the Board were present:

William C. Manlove, Commissioner
Mark H. Guns, Commissioner
Rebecca J. Demmler, Commissioner
Brian Lockhart, Commissioner
Wayne L. Tome, Sr., Commissioner

Constituting a full board.

The Board adjourned into a closed session at its December 19, 2006 morning work session at approximately 11:00 a.m.  Motion was made by Commissioner Manlove and seconded by Commissioner Guns to adjourn to closed session pursuant to State Government Article 10-508 of the Annotated Code of Maryland to discuss personnel matters, to consider the acquisition of real property for a public purpose, and consult with counsel to obtain legal advice in accordance with State Government 10-508 (a) (1), (3) and (7).

The meeting was called to order by Commissioner Manlove at 7:00 p.m. and opened with the Pledge of Allegiance.

A motion to appoint William C. Manlove, President of the Board of Cecil County Commissioners was made by Commissioner Guns, seconded by Commissioner Lockhart and unanimously carried to approve.

A motion to appoint Mark H. Guns, Vice President of the Board of Cecil County Commissioners was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried to approve.

The minutes from the December 5, 2006 Board of Health were unanimously approved.

The minutes from the December 5, 2006 meeting of the Board of County Commissioners were unanimously approved.

-COMMISSIONERS' COMMENTS-

Commissioner Tome - commented that it is an honor to serve the fourth district of the County and he is looking forward to much progress.

Vice President Guns - welcomed the new Board members.

Commissioner Lockhart - stated that he is looking forward to working with the Board.

Commissioner Demmler - commented that she is excited about the challenges ahead.

President Manlove - stated that it is a privilege to serve as President of the Board.

- TREASURER'S REPORT -

Pamela Howard, Treasurer for Cecil County presented the Treasurer's Report for the period ending November 30, 2006.  A copy of this report is incorporated into these minutes.
    
- PUBLIC HEARING - ZONING ORDINANCE - TEXT AMENDMENTS - ARTICLE XVII, PART IV, SECTION 324.1.A. HEARING NOTICE REQUIRED, ARTICLE XVII, PART II, SECTION 313.7 APPROVAL OF SPECIAL EXCEPTIONS, ARTICLE XVI, PART II, SECTION 298.7B BOARD OF APEALS ESTABLISHED; ADD ARTICLE V, PART XII, SECTION 159 STORAGE TRAILERS -

Eric Sennstrom, Director, Office of Planning & Zoning presented the following Text Amendments to the Cecil County Zoning Ordinance:

Amend Article XVII, Part IV, Section 324.1.a.
324.1.a.  The County shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established, and enforced, and from time to time amended, supplemented, modified or repealed.  However, a regulation, restriction, or boundary may not become effective until at least one (1) public hearing in relation thereto, at which parties in interest and citizens shall have the opportunity to be heard {and the signing of the amendment by the County Commissioners}. [The decision of the Board of County Commissioners shall be official upon the vote by the Board].

Amend Article XVII, Part II, Section 313.7
7.  The decision of the Board on a special exception shall be effective [upon the vote by the Board] {as of the date such decision is signed by the Chairman of the Board of Appeals or his designee}.

Amend Article XVI, Part II, Section 298.7.b.
7.b. The Board of Appeals shall then decide the matter within thirty five (35) days from the time of the hearing, such decision to become effective [upon the vote of the Board] {as of the date the decision is signed by the Chairman of the Board of Appeals or his designee}.

Mr. Sennstrom explained that the amendments to the language in the proposed text amendments will affirm the decisions of the Board immediately upon the vote of said decision and will eliminate any lag time between the actual vote/decision of the Board, and the signing of said documents.

The Planning Commission recommended approval of the amended text at their December 18, 2006 meeting.

COMMENTS:

Robert Porter, spoke in favor of the proposed text amendments

Ed Cairns, commented that the proposed amendments would put more pressure to appeal decisions in a timely manner.

Motion to approve the text amendments was made by Vice President Guns, seconded by Commissioner Demmler and unanimously carried to approve.

Section 159. Storage Trailer

Storage trailers may be permitted in the NAR, SAR, RR, SR, VR, TR, DR, RM and MH zones as a special exception provided:

1. The storage trailer does not remain on the property for a period in excess of 120 days.
2. The storage trailer does not occupy the front yard.
3. The side and rear setbacks shall not be less than ten (10) feet.
4. The maximum number of storage trailers on a residentially zoned property shall not exceed one (1).
5. The maximum period that a storage trailer shall be renewed for is a single one (1) year extension.

The Planning Commission recommended disapproval and further recommended that the text amendment be sent back for further review.

COMMENTS:

Robert Hodge, spoke in opposition to the proposed text amendment.

Motion to disapprove the proposed text amendment and to follow the recommendation of the Planning Commission, to further review the amendment, was made by Vice President Guns, seconded by Commissioner Tome and unanimously carried to approval.

- PROGRAM OPEN SPACE ANNUAL PROGRAM FY 07 & FUNDING REIMBURSEMENT REQUESTS -

Ed Slicer, Parks & Recreation Manger presented the following Program Open Space Supplemental Request and funding reimbursements:

1. Cecil County's Annual Program Supplement 1 to include the below projects.
2. Cecil Community Center Park for Renewal - Basketball and roller skating area with fence; tennis courts fence renewal; baseball field fencing; fencing & gates for entrance area and pond area; and a playground structure.  Total costs estimated is $277,817.68, $208,363.25 total state funding requested and $69,454.42 local funding.
3. Hollingsworth Manor Park Playground Equipment - proposed playground equipment           will accommodate 55-60 children.  Total costs estimated is $25,415.30, $19,061.47 state funding requested and $6,353.83 local funding.
4. Cecil Sports Complex - Babe Ruth Baseball Fields Phase I - Installment 2 - Girl's Softball Field and Boys' 12 and under Field.  Total costs estimated is $39,960.00, $29, 970.00 state funding requested and $9,990.00 local funding.      
5. Holly Tree Park - fencing and landscaping to secure holly tree grove. Total costs estimated is $13,125.00, 9,843.75 state funding requested and $3,281.25 local funding.
6. Chesland Park Development Amendment IV - Final reimbursement on the first six (6) soccer fields, entrance road and parking as well as a park equipment storage building and soccer goals.  Total costs estimated is $200,000.00, $150,000.00 state funding requested and $50,000 local funding.

The requests have been recommended and approved by the Parks & Recreation Board as well as the Cecil County Planning Commission.

Motion was made by Commissioner Guns, seconded by Commissioner Tome and unanimously carried to approve the requests as presented by Mr. Slicer.

- PUBLIC COMMENT-

Phil Pierce, 253 N. Bohemia Ave., Cecilton - commented relative to replacement and re-opening of the Mill Lane Bridge.

Bob Porter, 3891 Telegraph Rd., Elkton - commented in opposition to the location of the new County Office Building.

Joe Tanner, 495 Black Snake Rd., Elkton - commented in reference to the current management agreements with the County relative to the sports complex.

Richard Mackie, Elkton, MD - commented in opposition to the location of the new County Office Building.

Jack Snelling, North East, MD - commented in opposition to the location of the new County Office Building.

Howard Tome, Rising Sun, MD - congratulated the new Board.  He commented in opposition to the location of the new County Office Building.  

Joe Janusz, 146 Wheatley Road, North East - commented in opposition to the location of the new County Office Building.

Tom McWilliams, 245 Plum Point Road - commented in opposition to the location of the new County Office Building.  He further announced "National Homeless Persons Day" and encouraged citizens to attend the vigil to be held at the County Court House.

Alice Arbuckle, 42 Matthew Bathon Court, Elkton - suggested that additional records be kept relative to Commissioner voting status.

Pursuant to request of the Board, Dwight Thomey, County Attorney addressed the comments relative to the County Office Building.

- APPOINTMENTS -

A motion was made by Vice President Guns, seconded by Commissioner Tome and unanimously carried to approve the following appointments, Ex-Officio Positions, County Attorney, Liquor Board Attorney, Board of Appeals Attorney and Planning Commission Attorney:
Ex-Officio Appointments
Bainbridge Development Corporation Board - William C. Manlove
Commission on Aging - Rebecca Demmler
Cecil Partnerships for Children, Youth & Families - Rebecca Demmler
Economic Alliance of Greater Baltimore - William C. Manlove
Economic Development - Brian Lockhart
Firemen's Association - Mark H. Guns & Wayne Tome
Lower Susquehanna Heritage Greenway - Wayne Tome
Maryland Association of Counties (MACO) - Mark H. Guns, Wayne Tome, Alternate
Maryland Rural Development Council (MRDC) - William C. Manlove
Parks & Recreation Board - Mark H. Guns
Planning Commission - Rebecca Demmler
Resource Conservation & Development Council (RC&D) - William C. Manlove
SPCA Board - William C. Manlove
Social Service Board - Mark H. Guns
Wilmington Area Planning Council (WILMAPCO) - Brian Lockhart
Trade Foundation - William C. Manlove
Mental Health Core Service Agency Advisory Board - William C. Manlove
Upper Shore Regional Council - William C. Manlove, First Chair, Rebecca J. Demmler

Attorney Appointments
Dwight Thomey, County Attorney
H. Norman Wilson, Liquor Board Attorney
Clara E. Campbell, Planning Commission Attorney
Keith A. Baynes, Board of Appeals Attorney

Homeland Emergency Response Committee
The following are re-appointments for a two-year term:
Barry A. Janney, Sheriff
Frank W. Muller, Director, EMS
Amy LePore, Emergency Planner
Alfred C. Wein, Jr., County Administrator
William Ewing, Fireman's Association
Dr. Virginia Bailey, Health Department
Henry Shaffer, Board of Education
Lt. Vince Werns, Maryland State Police
Joseph G. Zurolo, Fire Marshall
Matthew Ansel, Union Hospital
Darrell Hamilton, Chief, North East Police

Commissioner Tome requested that a member from Upper Chesapeake Health Care be included in this committee.

Soil Conservation District
Bruce Yerkes, Re-appointment - 4 year term to expire 1/1/11

Commission for Women
Judy Cox - reappointment - term to expire 9/30/08
Sally Thompson - reappointment - term to expire 9/30/07
Kathryn Bearly - new appointment - term to expire 1/31/09
Debbie Bandy - new appointment - term to expire 5/31/09
Patricia Brown - new appointment - term to expire 5/31/09
Judith Rodemich - new appointment - term to expire 9/30/09

- LEGISLATIVE AGENDA APPROVAL FOR THE 2008 LEGISLATIVE SESSION -

Alfred C. Wein, Jr., County Administrator presented the Board with the Legislative Agenda Approval to be submitted, as identified at the Board's meeting with the Delegation on December 13, 2006, for the General Assembly's 2008 Legislative Session.  The requests include:

? General Obligation Bonding Authority in the amount of $31,405,000 for FY08
? Quick Take Condemnation Authority for Bridges/Roads
? Authorization of "Installment Purchase Agreements"
? Amendment to Chapter 57-2(A) regarding composition of Park & Recreation Board.
? Removal of sunset provision to Senate Bill 160

Motion to approve the Legislative Agenda Approval submission was made by Commissioner Tome, seconded by Vice President Guns, and unanimously carried to approval.

- OPTION EASEMENT AGREEMENT - ELECTRICAL SUBSTATION, DELMARVA POWER -

Mr. Wein presented the Board with an Option Easement Agreement between Delmarva Power and the Board of County Commissioners for an electrical substation to be located to the east of Warburton Road in Elkton in consideration of $9,000.00 payable to the County.  Upon execution, the County will receive an initial payment of $1000.00

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

- COMMUNITY BLOCK GRANT, AMENDMENT TO GRANT AGREEMENT -

Roy Clough, Deputy Director of the Office of Economic Development presented the Board with an amendment to the conditional grant agreement between the Maryland Department of Housing & Community Development and the Board of County Commissioners to allow the expansion of the Performance Food Group's facility and installation of a rail switch, which will enable them to receive goods by rail.

Motion to amend the grant agreement was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried to approval.

- ACCEPTANCE OF M/A COM SYSTEM ENHANCEMENTS -

Mr. Wein presented an agreement and concession offer relating to the County's VHF Simulcast Radio System that includes:  Terminal Digital Upgrades; increased coverage with the addition of the Farihill Rx Site; 800 MHz Open Sky data Site and a discount on future data system expansion.  

Upon the recommendation of the Department of Emergency Services, a motion was made by Vice President Guns, seconded by Commissioner Demmler and unanimously carried to approve the M/A Com Offer.
    
- DEPARTMENT OF PUBLIC WORKS -

W. Scott Flanigan, Director of Public Works presented the following DPW items for consideration:

- DEED - CHARLES ULMER - CALVERT ACRES -

Upon the recommendation of Mr. Flanigan, motion was made by Commissioner Tome, seconded by Commissioner Lockhart and unanimously carried to approve the Deed for acceptance of the roadway and drainage easements for the subdivision of Calvert Acres.

- CONTRACT AWARD RECOMMENDATION - BID NO. 07-32 - NOTTINGHAM  YARD SALT STORAGE BARN -

Upon the recommendation of Mr. Flanigan, motion was made by Commissioner Demmler, seconded by Vice President Guns and unanimously carried to award Bid No. 07-32 to McComsey Builders, Inc., in the amount of $130,593.00.

HARBOR VIEW PRE-CAST CONCRETE BUILDING, BID AWARD NO. 07-36 -

Upon the recommendation of Mr. Flanigan, and the Purchasing Agent, motion was made by Commissioner Tome, seconded by Commissioner Lockhart and unanimously carried to award Bid No. 07-36 to Lawrence C. Bathon Builders, Inc., in the amount of $29, 200.00.

- BID AWARD - PORTABLE LIGHT TOWER - BID NO. 07-37 -

Upon the recommendation of Mr. Flanigan, and the Purchasing Agent, motion was made by Commissioner Lockhart, seconded by Commissioner Demmler and unanimously carried to award Bid No. 07-37 to Tri-Supply & Equipment in the amount of $6,833.00.

- RECOMMENDATION - BID NO. 07-40 - SURPLUS MATERIAL -

Upon the recommendation of Mr. Flanigan, and the Purchasing Agent, motion was made by Commissioner Tome, seconded by President Manlove and unanimously carried to close Bid No. 07-40, due to no responsive bidders.
    
- BUDGET AMENDMENT NOS.  - 58 - 63 -  

Motion was made by Vice President Guns, seconded by Commissioner Demmler, and unanimously carried to approve Budget Amendments Nos. 58-63.  A copy of these budget amendments are attached hereto and made part of these minutes.

The next regular meeting of the Board of County Commissioners will be held on Tuesday, January 9, 2006 at 7:00 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:
William C. Manlove, President