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

William C. Manlove, Commissioner
Mark H. Guns, Vice President
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 June 19, 2007 work session.  Motion was made by Commissioner Lockhart, seconded by Commissioner Tome to adjourn to closed session and unanimously carried, pursuant to the Annotated Code of Maryland State Government 10-508 (a) (3).

The meeting of the Board of County Commissioners for Cecil County, June 19, 2007 was called to order by Commissioner Manlove at 7:00 p.m. and opened with the Pledge of Allegiance.

The minutes from the June 5, 2007 meeting of the Board of County Commissioners were unanimously approved.

The minutes from the June 5, 2007 rezoning hearing were unanimously approved.

The minutes from the June 5, 2007 Board of Health were unanimously approved.

-COMMISSIONERS' COMMENTS-

 President Manlove -commented on his trip to Fort Mammoth, New Jersey with the BRAC Committee.

 Commissioner Lockhart - offered no comment.

 Commissioner Demmler - offered no comment.

 Commissioner Tome - offered no comment.

 Vice President Guns - offered no comment.

 -TREASURER'S REPORT -

Pamela Howard, Treasurer for Cecil County presented the Treasurer's Report for the period ending May 31, 2007.  A copy of this report is incorporated into these minutes.

 -PUBLIC HEARINGS-

-NOMINATION FOR HISTORIC DESIGNATION, ST. PATRICK'S CHAPEL -

Eric Sennstrom, Director of Planning & Zoning presented an application for nomination for historic designation for St. Patrick's Chapel, 287 Pleasant Grove Road, Pilottown, MD, Tax Map 1, Parcel 36, filed by the St. Patrick's Chapel Historical Society. 

Having met all the criteria required for historic designation, the Historic Designation Committee recommended approval on June 5, 2007.  The Planning Commission recommended approval on June 18, 2007.

This matter will be presented to the Board for approval at their July 21, 2007 meeting.

-AMENDMENT TO THE MASTER WATER & SEWER PLAN, THE WILNA FARM, 1200 BLUEBAL ROAD, ELKTON, MD -

David H. Parrack, Attorney and Brian Morgan, Project Engineer, KCI Technologies appeared with the applicant, Lee D. Larson, in support of an application to amend the Cecil County Master Water & Sewer Plan, to include the The Wilna Farm, located at 1200 Blueball Road, Elkton, MD.  Tax Map: 20, Parcels: 369 and 618 to W-3 and S-3 for water and sewer.

A concept plat for the property was approved by the Planning Commission on November 27, 2006.  This concept proposes subdivision of the subject property into 61 residential lots with one remaining out-parcel.  The proposal calls for these lots to be serviced by public sewer and an on-site community water supply system.  It is anticipated that the developer would connect to a future wastewater treatment facility at the Heron Lakes community or similar facility west of Elkton via a force main along MD 545.  The Developer will be responsible for all necessary easements and expenses associated with the design, installation and easement acquisition.

Preliminary water testing has indicated that a community water system could be provided on site and served by a well capable of meeting both peak domestic demand and fire flow.  Currently, there is an artesian well on the property producing 0.058 mgd and the feasibility of excess quantity could be available for off-site parcels as permitted by MDE.

COMMENTS - SUPPORT/OPPOSITION -

Chuck Gregg, 18 Pine Valley Road, Elkton - spoke in favor of the amendment to the Master Water & Sewer Plan.

Alice Arbuckle, Elkton, MD - spoke in opposition to the amendment to the Master Water & Sewer Plan.

Ed Cairns, 104 Jackson School House Road, Elkton - spoke in opposition to the amendment to the Master Water & Sewer Plan.

COMMISSIONERS COMMENTS:

Commissioner Demmler - commented relative to use of the Cherry Hill Wastewater Treatment Plant and proposals to tie into that facility.

Vice President Guns - commented relating to reference made in testimony relating to the County's TDR Program.

President Manlove - commented about excess quantity of water yield and future easements for county use.

Director Sennstrom advised the Board that the Planning Commission recommended approval of this amendment at their June 18, 2007 meeting.

This amendment will be presented to the Board at their July 21, 2007 for consideration.

-CECIL COUNTY TEXT AMENDMENT - DELETE CHAPTER 200, SECTIONS 200.2 F & G -  & CECIL COUNTY ZONING ORDINANCE -ADD XV, SECTION 293 - PROPERTY DISCLOSURE -

Director Sennstrom presented an amendment deleting Chapter 200, Sections 200.2F&G of the Cecil County Code and amendments to the Cecil County Zoning Ordinance add Article XV, Section 293 as follows:

 {Deletion}

CODE OF CECIL COUNTY

Chapter 200

Building Construction

 {200-2.F. No building permit shall be issued for building a structure on any lot, regardless of when the lot was created, that does not have fee simple frontage on a publicly maintained road of at least 20 feet, except those lots legally created on a private mini-road, as defined in the Cecil County Road Code and Standard Specifications.  Where existing lots do not possess such frontage, the owner of such lot(s) shall be responsible for obtaining right-of-way along paper streets, design of the roadway in accordance with the Road Code and Standard Specifications (to the satisfaction of the Cecil County Department of Public Works), the construction of the roadway and the transfer of the roadway in fee simple to the Board of County Commissioners of Cecil County, at the owner's sole cost and expense.  Written application for acceptance of any such roadway shall be made to the Department of Public Works along with proposed engineering design and stormwater management plan for any such new street for review, and said plans must be approved by the Department of Public Works prior to the commencement of any construction.  Owner shall also provide written certification of the ownership of the roadway to be dedicated to the County to the satisfaction of the Department of Public Works or the County Attorney.

 200-2.G No building permit shall be issued for building a structure on any lot in a public water or sewer service are, regardless of when the lot was created, that does not have water and/or sewer lines available at its frontage.  Where existing lots do not possess such direct access, the owner of such lot(s) shall be responsible for obtaining right-of-way along paper streets, design of the water distribution and/or sewer collection lines in accordance with the Standard Specifications and Details for Water Mains and Sewer Mains (to the satisfaction of the Cecil County Department of Public works), the construction of the utilities (including all appurtenances) and the transfer of the appropriate portion of the utility to ownership of the Board of County Commissioners of Cecil County or such other approved water and/or sewer operating system which is operated by an entity approved by the County at the owner's sole cost and expense.  Written application for acceptance of any such utility shall be made to the Department of Public Works along with proposed engineering design and stormwater management for any such new utility for review, and said plans must be approved by the Department of Public Works prior to the commencement of any construction.  Owner shall also provide written certification of the ownership of the utility to be dedicated to the County to the satisfaction of the Department of Public Works or the County Attorney.}

Add as Article XV, Section 293

Prior to the issuance of a building permit for landlocked property or property lacking public water or sewer lines along its frontage, the following document shall be signed by the property owner(s):

PROPERTY DISLOSURE AND HOLD HARMLESS STATEMENT

THIS DISCLOSURE AND HOLD HARMLESS STATEMENT CONCENS REAL PROPERTY LOCATED IN CECIL COUNTY, MARYLAND, DESCRIBED AS

THIS STATEMENT IS DISCLOSURE THAT THE SUBJECT PROPERTY DOES NOT HAVE FRONTAGE ON A PUBLICLY MAINTAINED ROAD.  THIS STATEMENT IS A DISCLOSURE THAT THE SUBJECT PROPERTY DOES NOT HAVE PUBLIC WATER OR SEWER LINES AVAILABLE AT ITS FRONTAGE.  

PROPERTY OWNER'S INFORMATION

You are hereby are advised that it is the property owner's responsibility to obtain right-of-way along paper street to gain access to the public road and you are further advised that this is a private matter between the landlocked property owner and the owner(s) of the paper street or property between the subject property and the public road.  Affixing the property owner's signature acknowledges the aforesaid notification and holds the County harmless for the issuance of a building permit for the subject property.

You are hereby notified that it is the property owner's responsibility to obtain right of way along paper street to gain access for the water and sewer line and you are further notified that it is a private matter between the landlocked property owner and the owner(s) of the paper street and or property between the subject property and the public water and sewer lines.  Affixing the property owner's signature acknowledges the aforesaid notification and holds the County harmless for the issuance of a building permit for the subject property.  The property owner further agrees that any interim septic system will be abandoned when the public sewer is extended and the interim well will be abandoned and sealed when the public system is extended.

Mr. Sennstrom advised the Board that the Planning Commission recommended approval of the amendments at their June 18, 2007 meeting.

The amendments will be presented to the Board for consideration at their July 21, 2007 meeting.

-ESTABLISH AGRICULTURAL PRESERVATION DISTRICT -

Eric Shertz, Office of Planning & Zoning, presented the following applications for the establishment of Agricultural Preservation Districts (MALPF):

Owner:  Paul & Richard Montgomery, 689 Little New York Rd, Rising Sun, MD. Tax Map 4, Grid 21, Parcel 9, Election District 9, acreage 67 total farm, zoned NAR (Northern Agricultural Residential).

Owner:  Dirk & Bethany Meulenberg, 360 Post Road, Rising Sun, MD. Tax Map 18, Grid 7, Parcel 318, Election District 6, acreage 125.1038, zoned NAR (Northern Agricultural Residential).

Owner:  Carroll E. Davis, 1145 Grove Neck Road, Earleville, MD. Tax Map 61, Grid 3 Parcels 3 & 19, Election District 1, acreage 188.616 total farm, zoned SAR (Southern Agricultural Residential).

All of the properties have met all the minimum acreage and soil requirements and have been approved by the Cecil County Agricultural Preservation Advisory Board as well as the Planning Commission.

The requests will be presented to the Board at their July 21, 2007 meeting for consideration.

-PUBLIC COMMENT -

Harold Fogleman, 1170 Wilson Road, Rising Sun, MD - spoke in opposition to the abandonment of Fell Road.

Dennis Clower, 226 E. Main Street, Elkton, MD - spoke in support of the Town of Cecilton Annexation Proposal.

Peter Kirsch, 112 E. Cecil Ave., North East, MD - on behalf of Harold Fogleman, spoke in opposition to the abandonment of Fell Road.

Vic Priapi, 15 Gina Marie Ln., Elkton, MD - commented in support of the Town of Cecilton Annexation Proposal.

Robert Hodge, 11 Elkside Farm Ln., North East, MD - commented in support of the Town of Cecilton Annexation Proposal.

Diane Broomell, 1000 Nesbitt Road, Colora, MD - commented relating to the effect of the proposal for annexation within the Town of Cecilton and the impact on a scenic by-way.

-CHERRY HILL WASTEWATER TREATMENT PLANT - CONSENT AGREEMENT -

Alfred C. Wein, Jr., County Administrator presented the Board Cherry Hill Wastewater Treatment Plant, Consent Agreement between the Maryland Department of the Environment and Cecil County regarding improvements to the plant. 

This agreement will be presented to the Board for consideration at the July 21, 2007 meeting of the Board of County Commissioners.

- APPOINTMENTS -

Motion was made by Commissioner Tome, seconded by Commissioner Lockhart and unanimously carried to approve the following appointments:

Cecil Partnerships for Children, Youth & Families:

Howard Isenberg to replace the term of Reed Gerhing, term to expire 3/1/08

Board of License Commissioners:

Re-appoint Tim Snelling - three-year term to expire on 6/30/10

Susquehanna Workforce Network, Inc.

Reappointments for a three-year term to expire on 6/30/10:

W. Stephen Pannill

Carl Roberts

Gary Sawyer

Alan Sexton

New appointments for a two-year term to expire on 6/30/09:

Rick Stapleford

Barnard DeMarinis

Economic Development Commission

Re-appoint the following members for a two-year term to expire on 6/30/09:

Paula Gilley

Michael Ratchford

Harlan Graef

Grove Miller

Tari Moore

Donna Tapley

Bruce Leith

John Denver

Cecil County Drug & Alcohol Council

Howard Isenberg to fulfill the term of Karen Winkowski, term to expire 11/30/08

-REZONING APPLICATION NO. 2007-03 - ACORN INVESTMENTS CO. III, LLC-

Mr. Wein presented for consideration Rezoning Application No. 2007-03 filed by Acorn Investments Co., III, LLC for the rezoning of approximately 1.1445 acres from Development Residential, (DR) to Business General, (BG), which was heard on June 5, 2007.

Motion to approve the rezoning request of Acorn Investments Co., III, LLC was made by Vice President Guns, seconded by Commissioner Lockhart and unanimously carried to approve.

-CECIL COUNTY PERSONNEL POLICIES & PROCEDURES - RESOLUTION - PROPOSED AMENDMENTS -

Following the public hearing held on June 5, 2007, Donna Nichols, Director, Human Resources presented a resolution for consideration enacting the proposed changes to the Cecil County Code, Personnel Policies & Procedures.

Motion to approve the proposed changes to the Personnel Policies & Procedures Manual with the exclusion of HR-010 E: Health & Safety; Workplace Violence & HR-010F: County-wide Tobacco Free Environment Policy was made by Vice President Guns, seconded by Commissioner Demmler and unanimously carried to approve.  A copy of this resolution is attached hereto and incorporated into these minutes.

-DEFERRED COMPENSATION PLAN -

Motion to approve the change in administration for the Cecil County Deferred Compensation Plan from ING Life Insurance and Annuity Company as group contracts to MetLife, effective October 1, 2007 was made by Commissioner Lockhart, seconded by Vice President Guns and unanimously carried to approve.  A copy of this resolution is attached hereto and incorporated into theses minutes.

-CECILTON ANNEXATION RESOLUTION -

Upon the recommendation of Director Sennstrom, motion to postpone the Cecil Annexation Resolution was postponed, due to the Town of Cecilton's hearing being rescheduled.  Therefore, motion to table this action was made by Commissioner Tome, seconded by Commissioner Lockhart and unanimously carried.

-REQUEST FOR BID NO. 07-04 PILOT WATERSHED MANAGEMENT PLAN - COASTAL COMMUNITIES INITIATIVE GRANT -

Upon the recommendation of Mr. Sennstrom, motion was made by Vice President Guns, seconded by Commissioner Tome and unanimously carried to award RFP 07-04 Pilot Watershed Management Plan for the Sassafras River to Angler Environmental in the amount of $25,740.00 as part of the Coastal Communities Initiative Grant.

- DEPARTMENT OF PUBLIC WORKS -

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

- FELL ROAD ABANONDMENT -

Pursuant to a public hearing held on June 5, 2007; based upon the petition filed by Leonard E. Wilson, requesting that the county formally abandon Fell Road, or repair and maintain the road, motion was made by Commissioner Demmler, seconded by Commissioner Guns and unanimously carried to abandon Fell Road.

 -ROAD DEED - MONTGOMERY OAKS, SECTION I -

Upon the recommendation of Mr. Flanigan, motion was made by Vice President Guns seconded by Commissioner Tome and carried to approve the Deed between the County and The Barry Montgomery Company, Inc., for the subdivision known as Montgomery Oaks, Section I, Phase II.  Commissioner Lockhart abstained from the vote.

 -ROAD DEED - ESTATES OF WALNUT LANE -

Upon the recommendation of Mr. Flanigan, motion was made by Commissioner Tome, seconded by Commissioner Lockhart and unanimously carried to approve the Deed between the County and Gemcraft Homes Forest Hill, LLC, for the subdivision known as The Estates of Walnut Lane.

 -SHADY BEACH ROAD DEED OF EASEMENT -

Upon the recommendation of Mr. Flanigan, motion was made by Vice President Guns, seconded by Commissioner Lockhart and unanimously carried to approve a deed of easement between the Board of County Commissioners and Donna M. Plank, Stanley M. & Teresa Strzala & Robert C. & Edna R. Parnell for the installation of sanitary lines in a twenty-five foot easement.

-BID NO. 07-64 - SOLID WASTE MANAGEMENT DIVISION FLOURESCENT TUBE RECYCLING -

Upon the recommendation of Mr. Flanigan, motion was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried to award Bid No. 07-64 to USA Lights.

-BID NO. 07-65 ROADS DIVISION ROADWAY SIGNS -

Upon the recommendation of Mr. Flanigan, motion was made by Commissioner Tome, seconded by Vice President Guns and unanimously carried to award Bid No. 07-65 to Garden State Highway Products, Inc., as outlined in the bid specification.

-BID NO. 07-66 - AIR COMPRESSOR -

Upon the recommendation of Mr. Flanigan, motion was made by Vice President Guns, seconded by Commissioner Lockhart and unanimously carried to award Bid No. 07-66 to Tri-State Supply & Equipment in the amount of $15,449.00.

-BID NO. 07-67 - ADVERTISING OPPORTUNITIES -

Upon the recommendation of the purchasing agent and Senior Services & Community Transit, motion was made by Commissioner Lockhart, seconded by Commissioner Demmler and unanimously carried to award Bid 07-67 to All Care Assisted Living in the amount of $1,200.00

 -BUDGET AMENDMENT NOS.  - 136 - 149 -    

Motion was made by Commissioner Demmler seconded by Commissioner Lockhart, and unanimously carried to approve Budget Amendments Nos. 136-149.  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, July 19, 2007 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:
William C. Manlove, President