MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

April 15, 2008

The Board of County Commissioners for Cecil County met in regular session at North East Town Hall, 106 S. Main Street, North East, MD. The following members of the Board were present:

• William C. Manlove, President
• 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 April 1, 2008 work session. Motion was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried to approve pursuant to the State Government, Annotated Code of Maryland 10-508 (a) (1) to discuss personnel matters.

The Board adjourned into a closed session at its April 8, 2008 work session. Motion was made by Vice President Guns, seconded by Commissioner Demmler and unanimously carried to approve pursuant to the State Government, Annotated Code of Maryland 10-508 (a) (1) & (7) to discuss personnel matters and to obtain legal advice.

The meeting of the Board of County Commissioners for Cecil County, March 18, 2008 was called to order by Commissioner Manlove at 7:00 p.m. and opened with the Pledge of Allegiance.

The minutes from the April 1, 2008 meeting of the Board of County Commissioners were unanimously approved.

The minutes from the April 1, 2008 Board of Health were unanimously approved.

The minutes from the April 1, 2008 rezoning hearings were unanimously approved.

-COMMISSIONERS' COMMENTS-

President Manlove - thanked the Town of North East for hosting this evening's meeting.

Commissioner Tome - invited everyone to attend the dedication ceremony on Wednesday, for the County Administration Building.

Vice President Guns - commented about the on-going budget process, and of the budget cuts being passed down from Annapolis.

Commissioner Demmler - also commented about the budget and the task at hand to try and fund departments and programs.

Commissioner Lockhart - welcomed everyone to the meeting and invited them to attend the dedication ceremony on Wednesday.

- TREASURER'S REPORT -

The Treasurer's Report for the period ending 3/31/08 was presented by Pamela Howard, Treasurer for Cecil County. A copy of this report is attached hereto and incorporated as part of these minutes.

- PRESENTATION - "FROM MY BACKYARD TO OUR BAY" -

Charles Hayes, Cecil Soil Conservation District presented the Board with an informational resource guide titled, "From My Backyard to Our Bay", the booklet that will be mailed out to all Cecil County residents in May.The booklet is a resource guide for Cecil County residents offering many environmental tips as well as valuable contact information for state and county agencies.

-PUBLIC HEARINGS -

- OPTION AGREEMENT ACQUISITION OF PROPERTY, SONIC SPORTS COMPLEX -

Alfred C. Wein, Jr., County Administrator, presented an Option Agreement for the proposed acquisition of 7.117 acres of land and improved structure, located at 2706 North East Road, North East, MD from John F. Haffey, Leslie McFadden & Drew G. Martin, North East LC, for the purpose of recreational use in Cecil County. The proposed purchase is in consideration of $1,400,476.00. Program Open Space funding has been designated for this purchase in the amount of $1,400,476.00 and the county's portion will be an estimated $15,050 in incidental costs.

Clyde Van Dyke, Director of Parks & Recreation provided the Board with additional details of the option agreement and stated that pursuant to Program Open Space policy, two appraisals were completed prior to obtaining final approval of the funding. Additionally, a complete building and electrical inspection were completed and the building was found to be structurally sound, with only several minor modifications necessary.

Mr. Van Dyke advised the Board that this property will be utilized for county recreational activities including indoor soccer, volleyball, lacrosse and field hockey leagues, as well as summer camps and a year round indoor walking facility.

The estimated operational costs will be $48,000 per year with estimated projected revenue of $112,000 per year.

This matter will be presented to the Board for consideration at the May 6, 2008 meeting of the Board of County Commissioners.

COMMENTS SUPPORT/OPPOSITION-

Robert Hodge - commented that he is hopeful that the Board has carefully considered all aspects of this option agreement and that he is skeptical of the estimated costs and revenue projected for operating a building of this size.

Tom McWilliams - commented that with the current budget concerns facing the county, how this kind of purchase can be justified. He also stated there are many programs that need funding more than recreation in the county.

- WINDING BROOK SPECIAL TAXING DISTRICT -

Administrator Wein presented the required annual public hearing for the grass mowing of common areas and trash collection for the community of Winding Brook that was designated a special taxing district in 2001. The resolution levies a sum of $204.50 per lot to pay for these services.

This matter will be presented to the Board for consideration at the May 6, 2008 meeting of the Board of County Commissioners.

- PUBLIC COMMENT -

George Kaplan, 35 Oak Street, Colora, MD - commented about instituting "Code Home Rule" in Cecil County as a prelude to Charter Government and urged the Board to place the referendum on the ballot during the next election.

Rupert Rosetti, 215 Dr. Jack Road, Port Deposit, MD - commended Charlie Hayes for his work on the "From My Backyard to Our Bay" resource guide. He also commented in support of "Code Home Rule".

Charles Herzog, 56 McCush Road, Colora, MD - commented in support of "Code Home Rule" Government and urged the Board to continue working toward that goal.

- ACTION ITEMS -

- CECIL COUNTY HEALTH DEPARTMENT - PROPOSED ENVIRONMENTAL HEALTH SERVICE FEES -

Administrator Wein presented the proposed Environmental Health Service Fees for consideration, as presented by the Cecil County Health Department during a public hearing at the Board's April 1, 2008 meeting.

Motion to approve the proposed Environmental Health Service Fees was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried to approve.

- REZONING DECISION - FILE NO. 2008-06 HERRON 393 LLC -

Eric Sennstrom presented Rezoning File 2008-06 Herron 393 LLC rezoning application filed by property owner Herron 393 LLC. This matter was heard at a public hearing on April 1, 2008 and is before the Board tonight for consideration to rezone 7.62 acres from Business General (BG) to Multi Residential.

Commissioner Demmler made a motion to disapprove the request for rezoning based upon no change in the area. The motion died for lack of a second.

Vice President Guns made a motion to approve the rezoning request, based upon change in the area. The motion was seconded by Commissioner Tome.

Commissioner Demmler commented that this request is based upon the previous rezoning change in 2005 when the applicant requested Business General (BG) zoning at the site.

Vice President Guns commented that this request does not increase the density of the proposed development.

The motion carried with a majority vote.

VOTE: Manlove Y, Guns Y, Demmler N, Lockhart Y, Tome Y

- REZONING DECISION - FILE NO. 2008-07 - MONTOMERY BROTHERS BEDROCK TWO, LC -

Director Sennstrom presented Rezoning File 2008-07 Montgomery Brothers Bedrock Two, LC rezoning application filed by property owners Montgomery Brothers Bedrock, LC. This matter was heard at a public hearing on April 1, 2008 and is before the Board tonight for consideration to rezone 67.7 acres from Heavy Industrial (M2) & Suburban Residential (SR) to Multi-Family Residential (RM).

Commissioner Tome made a motion to approve the rezoning request, based upon substantial change since the 1993 Comprehensive Rezoning. Vice President Guns seconded the motion, based upon the recommendation of the Office of Economic Development's, that this rezoning would have no negative impact on the availability of industrial land for future business commerce.

Commissioner Demmler stated there are no sustainable changes or mistakes in the area to base this rezoning upon and requested clarification as to whether this parcel would require amendment to the 2004 Master Water & Sewer Plan.

Director Sennstrom stated that future development of this parcel would require a sewer service agreement; however, it is designated as a future water service area.

The motion carried by a majority vote.

VOTE: Manlove - Y, Guns - Y, Demmler - N, Lockhart - Abstained, Tome - Y

- DEPARTMENT OF PUBLIC WORKS -

W. Scott Flanigan, Director of Public Works advised the Board that the action item on the Board's agenda needed further clarification and would be presented at a later time.

Mr. Flanigan announced that Saturday, April 19, 2008 is Household Hazardous Waste Day at the Central Landfill and encouraged all Cecil County residents to take advantage of the opportunity to dispose of their hazardous waste.

- BID AWARDS -

- RFP 08-05, CHESLAND COMMUNITY PARK - POLE BUILDING

Upon the recommendation of the Department of Parks & Recreation Board and the Department of Public Works, and in accordance with Program Open Space, motion was made by Vice President Guns, seconded by Commissioner Tome and unanimously carried to award RFP 08-05 to Decker Contracting in the amount of $29,578.00 as proposed and specified.

- RFP 08 -06 - ELK MILLS COMMUNITY PARK ADA SIDEWALK PROJECT -

Upon the recommendation of the Department of Parks & Recreation Board and in accordance with Program Open Space, motion was made to award RFP 08-06 to Civil Utilities Construction Company, Inc., was made by Vice President Guns, seconded by Commissioner Tome and unanimously carried.

- RFP 08 -10 COUNTY COURTHOUSE CCTV SYSTEM -

Upon the recommendation of the Facilities Maintenance Department and the Circuit Court, motion was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried to award RFP 08-10 to Fire Protection Industries, Inc., in the amount of $23, 179.00

- BUDGET AMENDMENT NOS. - 88 -92 -

Motion was made by Vice President Guns, seconded by Commissioner Tome, and unanimously carried to approve Budget Amendment Nos. 88-92 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, May 6, 2008 at 7:00 p.m. at the County Administrative Building, 200 Chesapeake Blvd., Elkton, MD.

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

_____________________________

Alfred C. Wein, Jr.

County Administrator

Approved:

____________________________

William C. Manlove, President