The Board of County Commissioners for Cecil County met in regular session in the County Administrative Building , on Tuesday, May 2, 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 7:00 p.m. and opened with the Pledge of Allegiance.

The minutes from the April 18, 2006 meeting of the Board of County Commissioners meeting were unanimously approved.

The minutes from the April 25, 2006 rezoning hearing were unanimously approved.

-COMMISSIONERS’ COMMENTS-

President Bolender – commented on Union Hospital’s “Many Buildings”, current fundraising campaign and stated that $5 Million has been raised thus far.

Commissioner Hepbron – commented about the Special Olympics and Firemen’s Banquets that he has recently attended.

Commissioner Manlove – announced the Month of May is Mental Health month. He commented on the Mental Health Advisory Board that he sits on and the lack of services for mental health care in the County.

Commissioner Kilby – encouraged all citizens to participate in the March of Dimes Walk, scheduled for Saturday at the North East Park.

Commissioner Guns – commented about a meeting the Commissioners attended with Amtrak and proposals for safety measures within the North East area. He also commented about the Council of Governments and the Adequate Facilities Ordinance. In addition, he encouraged support for the Boys & Girls Clubs of Cecil County.

-PROCLAMATION – MARYLAND FOREST & PARKS CENTENNIAL YEAR & MARYLAND’S BIGGEST TREE –

President Bolender presented John Bennett and members of the Maryland Forest and Parks Board with two proclamations, the first, proclaiming 2006 the 100 th anniversary of the founding of the Maryland Forest Services. The second proclamation is in observance of Maryland’s Biggest Tree which is the Eder Park Silver Maple.

- CERTIFICATE OF ACHIEVEMENT – MARYLAND FOREST SERVICE – 2005 RANGER OF THE YEAR –

Ranger Shawn Day was presented a Certificate of Achievement for being chosen as the “2005 Ranger of the Year” by the Maryland Forest Service.

- CERTIFICATE OF ACHIEVEMENT – FIRST CLASS SCOUT RECIPIENTS – 2005, TROOP 967 –

First Class Scouts Kevin and Andrew Rapczak were presented with Certificates of Achievement for reaching the status of First Class Scouts.

-PUBLIC HEARING –

-ORDINANCE TO AMEND CHAPTER 228, SECTION 25, CECIL COUNTY CODE, SOLID WASTE DISPOSAL –

County Administrator, Alfred C. Wein, Jr., introduced a Resolution amending Chapter 228, Section 25 of the Cecil County Code, Solid Waste Disposal. Upon the recommendation of the Treasurer, the amendment specifies that payment for credit customers for solid waste disposal shall be due 30 days from the billing date, and that those accounts not paid by the due date will be considered delinquent and are subject to a $5 late charge, or a one-percent interest charge, whichever is greater. The amendment also specifies if the account is not paid within 60 days, the account will be closed and disposal privileges will be revoked.

The proposal will be presented at the Board of County Commissioner’s meeting on May 16, 2006 as an action item.

COMMENT: None

-PUBLIC COMMENT –

 Anne Gibney, Carpenters Point – commented about damages to her property by Dixie Construction as a result of the Carpenters Point Project.

Joe Hayes – commented in reference to building permits being issued for construction on park land in the “Sand Cove” area of Carpenter’s Point. In addition, he commented about destruction of property by Dixie Construction.

Ed Cairns, Jackson Hall School Road – commented about the Resolution on the agenda in reference to the Meadowview Wastewater Treatment Plant policy for allocation of water and the areas that are to be included in the plan.

-RESOLUTION – MEADOWVIEW WASTEWATER TREATMENT PLANT, SANITARY SUBDISTRICT, BENEFIT ASSESSMENT & RESOLUTION MEADOWVIEW WASTEWATER TREATMENT PLANT, ALLOCATION OF NEW OR INCREASED SANITARY SEWAGE FLOW AUTHORITY AND WATER CONSUMPTION -

 Matt Carter, Capital Facilities, presented the Board with the Meadowview Wastewater Treatment Plant Sanitary Subdistrict Benefit Assessment Resolution as presented on April 18, 2006. Mr. Carter addressed several issues that were brought up at the subsequent public hearing concerning the mapping, specifically, the Dupont property that is currently excluded from the current Resolution. He indicated that the omission of this property is as a result of Dupont’s indication of no desire for service at the time of the study or in the future. Another area located above the I-95 interchange, Mr. Carter advised, that if the Board so desired the area could be omitted. The third area is an area currently not reflected on the Master Water Sewer Plan Map, located below the railroad, is an area that was included in the study as a logical addition to the Master Water and Sewer Plan at some point. Mr. Carter reiterated the fact that the purpose of the Resolution is to ensure that the new and expanded users of the system pay for the plant in an effort to recoup the costs.

Mr. Carter addressed questions that were raised concerning the Resolution for Allocation of New or Increased Sanitary Sewage Flow Authority and Water Consumption that was also presented at a public hearing on April 18, 2006. The question was concerning the current consumption of the industrial usage. Mr. Carter advised the Board that the current consumption is approximately 200,000 gpd. He also indicated that the Resolution being presented is not intended to be an amendment to the Master Water & Sewer Plan.

President Bolender clarified the intent of the Resolutions to provide for future hook-ups and to provide legal sufficiency for them. He also questioned the legal sufficiency of the Resolution.

Mr. Thomey, County Attorney responded that in the matter of collecting the benefit assessment, adequate legal sufficiency exists. In the area of allowing development to occur and whether the County is obligated to provide an amendment for water and sewer, the only relevancy is that the court’s have said that the County cannot use the Master Water & Sewer Plan as a substitute for the Comprehensive Plan and the Zoning Ordinance.

President Bolender called for a vote on the Meadowview Wastewater Treatment Plant, Sanitary Subdistrict Benefit Assessment Resolution.

A motion to approve the Resolution was made by Vice President Hepbron, seconded by Commissioner Guns.

Comments:

Commissioner Kilby commented in opposition to the Resolution as a result of the inclusion of the Aston Pointe Development. She stated that the purpose of the upgrades were to provide for the industrial corridor and below the railroad.

Commissioner Manlove commented that the map as presented points out his sole objection to the Aston Pointe Development.

Commissioner Guns suggested the exclusion of the I-95 Interchange area for accuracy.

Vice President accepted the amendment to the motion for the exclusion of the I-95 Interchange.

The motion passed by a majority vote. A copy of the Resolution is hereby incorporated and made a part of these minutes.

VOTE:

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

President Bolender called for a vote for the Resolution for Allocation of New or Increased Sanitary Sewage Flow Authority and Water Consumption.

Motion was made by Commissioner Guns, seconded by Vice President Hepbron and carried by a majority vote. A copy of this Resolution is hereby incorporated and made a part of these minutes.

VOTE:

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

-ORDINANCE – CECIL COUNTY PROPERTY TAX DEFERRAL FOR ELDERLY & DISABLED HOMEOWNERS –

Mr. Wein presented the Ordinance for adoption of a property tax deferral for elderly and disabled homeowners as presented at the April 18, 2006 Board of County Commissioners Meeting.

Motion for adoption was made by Commissioner Guns, seconded by Vice President Hepbron and unanimously carried to approval. A copy of the Ordinance is incorporated and made a part of these minutes.

-ORDINANCE – TRANSFER OF DEVELOPMENT RIGHTS (TDR) PROPOSAL –

Upon the recommendation of the County Attorney, as a result of significant changes to the Ordinance, that the Ordinance in its current form should be disapproved.

Motion to disapprove was made by Commissioner Guns, seconded by Vice President Hepbron.

Comments:

Commissioner Guns commented that they are several changes that need to be made with the Ordinance relative to the receiving areas; the work is ongoing and will be presented again in the very near future.

Commissioner Kilby commented that she believes that the Ordinance could be passed and the changes made at a later time.

Mr. Thomey commented that he recommended this action to alleviate any challenges to the Ordinance.

President Bolender called for a vote on the Ordinance.

The motion to disapprove was approved.

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

-DEPARTMENT OF PUBLIC WORKS –

David Hollenbaugh, Deputy Director, Department of Public Works presented the following Deeds of Easements for consideration. The deeds have been reviewed for legal sufficient and the Department of Public Works is recommended approval. They are as follows:

Deed of Easement between Bruce Alan Raymond and Polly Annabel, Grantors, and The Board of County Commissioners of Cecil County, Grantee, to construct, improve, and maintain Theodore Road Bridge over Stony Run.

Deed of Easement between Richard A. Truitt and Ella M. Truitt, Grantors, and The Board of County Commissioners of Cecil County, Grantee, to construct, improve, and maintain Stevenson Road Bridge over North East Creek.

Deed of Easement between David J. Davenport, Grantor, and The Board of County Commissioners of Cecil County, Grantee, to construct, improve, and maintain Razor Strap Road Bridge. 

Motion to approve the Deeds as presented by the Department of Public Works was made by Commissioner Manlove, seconded by Commissioner Kilby and unanimously carried to approval.

Mr. Hollenbaugh presented two Construction Agreements between the CSX Transportation Inc. and the Board of County Commissioners for the replacement of the Appleton Road Bridge over the CSX and the replacement of the Nottingham Road Bridge over the CSX.

Motion to approve the Construction Agreements was made by Commissioner Manlove, seconded by Commissioner Guns and unanimously carried to approve.

-BID AWARDS –

Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Manlove, seconded by Vice President Hepbron and unanimously carried to approve Bid No. 06-10, Training Room Projection System to PC Supplies in the amount of $19,973.00

Upon the recommendation of the Purchasing Agent, motion was made by Commissioner Manlove, seconded by Vice President Hepbron and unanimously carried to approve Bid No. 06-08, Stemmers Run Transfer Station Security System to Delta Alarm Systems, LLC in the amount of $24,800.

-BUDGET AMENDMENTS - NOS. 118 – 123

Motion was made by Vice President Hepbron, seconded by Commissioner Guns and unanimously carried to approve Budget Amendment Nos. 118 - 123.

The next regular meeting of the Board of County Commissioners will be held on Tuesday, May 16, 2006 at 7:00 p.m. at the Charlestown Elementary School, 550 Baltimore St., Charlestown, MD.

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

Alfred C. Wein, Jr.
County Administrator

Approved:
Nelson K. Bolender, President