MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

August 5, 2008

The Board of County Commissioners for Cecil County met in regular session at the County Administrative Building, 200 Chesapeake Blvd., Elkton, 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 majority Board.

The Board adjourned into a closed session at its work session on July 29, 2008 at 10:00 A.M., motion was made by Vice President Guns, seconded by Commissioner Demmler and unanimously carried pursuant to the State Government, Annotated Code of Maryland 10-508 (a) (1) personnel matters; (4) business prospects; and, (7) legal advice.

The Board adjourned into a closed session at its work session on August 5, 2008 at 10:00 A.M., motion was made by Commissioner Demmler, seconded by Commissioner Tome, and unanimously carried pursuant to the State Government, Annotated Code of Maryland 10-508 (a) (1)personnel matters; and (7) legal advice.

The meeting of the Board of County Commissioners for Cecil County, August 5, 2008 was called to order by Commissioner Manlove at 2:00 p.m. and opened with the Pledge of Allegiance.

The minutes from the July 22, 2008 meeting were unanimously approved.

The minutes from the July 22, 2008 meeting of the Board of Health were unanimously approved.

-COMMISSIONERS' COMMENTS-

President Manlove made a motion to amend the agenda and hear the Resolution to become a Code County and be governed by the provisions of Article XI-F; Constitution of Maryland and Article 25B; of the Code of Maryland. The Motion was seconded by Commissioner Lockhart.

Vice President Guns asked for any person in the audience who had planned on speaking during the public comment segment regarding this issue to please do so now.

No public comment.

-RESOLUTION - BOARD OF COUNTY COMMISSIONERS TO BECOME A CODE COUNTY AND BE GOVERNED BY THE PROVISIONS OF ARTICLE XI-F; CONSITUTION OF MARYLAND AND ARTICLE 25B OF THE CODE OF MARYLAND-

Alfred C. Wein, Jr., County Administrator presented the resolution introduced at the Board's meeting of July 22, 2008 that upon approval of four (4) Commissioners will be submitted to the Cecil County Board of Supervisors of Elections for inclusion on the November 4, 2008 ballot as a referendum.

Commissioner Demmler made a motion to approve the Resolution; the motion was seconded by Commissioner Guns. The motion failed due to the lack of a majority vote.

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

President Manlove stated that he believes that a Charter Government should be formed and does not believe that Charter would be accomplished if Code Home Rule were to be enacted.

President Manlove excused himself from the meeting.

Vice President Guns stated that it is very unfortunate about the decision of the Board.

Commissioner Demmler expressed her disappointment that this decision will not reach the voters of Cecil County.

- PUBLIC COMMENT -

Steven Vandevort, President, Town of Charlestown - presented a signed letter from the Mayor's of the municipalities of Cecil County opposing the proposal of the county to privatize the County Water and Wastewater Systems.

Will Owens, 30 Fieldstone Road, Elkton, MD - commented in opposition to the proposal of the County to franchise the water and wastewater services to Artesian. He stated that that he is concerned that rates will increase and also about the funds recently spent to improve the County's facilities.

Herb Welch - commented about the proposed increase to dog licenses and asked that the Board reconsider these fees.

Ron Penhollow, 603 S. Huckleberry Drive, Bear, DE - commented in opposition to the proposal to franchise water & wastewater services to Artesian. He commented about the attendance of the Commissioners on a recent tour of the County's Wastewater Facilities and that of a tour hosted by Artesian. He also suggested that his matter be placed as a referendum during a general election.

Mike Weaver, 365 Chrome Road, Rising Sun, MD - commented in opposition of the franchise agreement with Artesian. He urged the Board to vote against this agreement and made inquiries as to technical advisors that participated in the drafting of the agreement.

Jim Mullin, 1676 Glebe Road, Earleville, MD - commented in opposition to the franchise agreement between the County and Artesian.

Ed McCarron, commented about the speed limit on Glebe Road being raised from 15 M.P.H. to 20 M.P.H. and asked that the Board look into reducing and enforcing the speed.

Ron Hartman, 164 Little Egypt Road, Elkton - commented in opposition to the franchise agreement with Artesian. He spoke of his concerns about the County losing control of their water rights and the effects of this agreement.

Arthur Granger, 479 Elk Mill Road, Elkton - commented in opposition to the water and sewer service agreement and voiced concerns about the County keeping some of the treatment plants, such as Seneca Point.

Jeff Coale, 160 Rock Springs Road, Conowingo, MD - commented in opposition to the water and wastewater service agreements. He commented about the significant changes and improvements to the county's facilities.

Jim Zell, 355 Quarry Road, Delta, PA - commented in opposition to the water and wastewater agreements. He inquired as to whether Artesian has experienced personnel who are licensed in the State of Maryland to operate the facilities.

Ronald Rae, 4 St. Pat's Circle, Elkton - commented in opposition to the water and wastewater agreements with Artesian.

Alan Fitzgerald, 131 Old Bayview Road, North East, MD - commented in opposition to the water and wastewater agreements with Artesian. He also spoke about private citizens drilling wells.

Beth Hamilton, 1723 W. Pulaski Hwy., Elkton, MD - commented in opposition to the water and wastewater agreements with Artesian. She commented about the recent improvements to the county facilities, and about Artesian's motive to attempt to get water from the Susquehanna.

Nancy Schwerzler, Cecil County SPCA - commented about the proposed Resolution to increase the dog licensing fees and substantiated the request by comparing surrounding counties services and fees.

John Williams, 2 Woodbine Circle, Elkton, MD - commented in opposition to the water and wastewater agreements with Artesian. He made several inquiries as to the terms of the agreements; the impact of privatization, Meadowview WWTP expansion; MDE'S view and thoughts; impact on Aston Pointe; origins of expanded water service; and United Water of Delaware agreements.

- INTRODUCTORY ITEMS -

- FRANCHISE AGREEMENTS FOR WASTEWATER SERVICES & WATER SERVICES BETWEEN CECIL COUNTY, MARYLAND AND ARTESIAN WASTEWATER MARYLAND INC., & ARTESIAN WATER MARYLAND, INC., ( ELKTON WEST)

Alfred C. Wein, Jr., County Administrator, presented two agreements for water and wastewater service to the Elkton West Franchise Area. This action is resultant from the Commissioners unanimous decision on December 18, 2007 to approve the recommendation of the Elkton West RFP Committee to enter into negotiations with Artesian Water & Wastewater for the award of a franchise agreement for water and wastewater services for the Elkton West Service Area.

The agreements being brought forward in this introductory presentation contain the following provisions:

1. Establishment of Elkton West Franchise Area of an initial term of 20 years and extension term of three (3) 20 year terms.

2. Terms associated with expanding, and altering the franchise area.

3. Design, development and installation of systems.

4. Provision of Service in exercise of franchise

5. Reports; books & records

6. Fees; costs, guaranty

7. Insurance & indemnification

8. Operation, transfer of control of Franchisee and Franchise.

9. Enforcement, termination of franchise and agreement

10. Determination of fair market value of systems

11. Material changes to agreement

12. Miscellaneous provisions

The Water and Wastewater Franchise Agreements also include conditional provisions that are outlined in "Letters of Intent" reflected in exhibits A&B (Description of service areas and maps; Exhibit F (Letter of Intent between the Board of County Commissioners and Artesian Water Maryland, Inc., for transfer of County's water facilities). This is subject to the approval of a subsequently negotiated definitive agreement. The water systems associated with this letter of intent and proposed transfers are Meadowview, Pine Hill, Harbour View and Route 7. The details of the transfer are to be outlined in the definitive agreement.

In the Wastewater Services Agreement, the following exhibits outline the proposed Wastewater Facility transfers: Exhibit A & B (description of service area and maps), Exhibit C (Letter of intent between the Board of County Commissioners and Artesian Wastewater MD, Inc., Cherry Hill Wastewater Facility purchase and potential CECO transfer to franchisee, Exhibit D (Letter of Intent between the Board of County Commissioners and Artesian Wastewater Maryland, Inc., Meadowview Wastewater Facility Lease/Purchase), and Exhibit E (Letter of Intent between the Board of County Commissioners and Artesian Wastewater Maryland, Inc., for the Harbour View Wastewater Facility Transfer). Details relating to the transfer of these facilities will be outlined in a subsequent definitive agreement.

Upon approval of the definitive agreements, current County Employees working at the transferred facilities shall be offered the following:

1. Employees will be given the opportunity to stay within County Government, at the same salary.

2. Employees will be given the opportunity to transfer to Artesian, while receiving comparable benefits.

3. Those employees affected by the proposed transfers having 25 or more years of County service will be able to move to Artesian contractual employ while retaining County pension benefits.

These agreements will be placed on the August 19, 2008, Board of County Commissioners agenda as action items. If approved, work toward the approval of the definitive agreements will commence in order to detail the terms of the transfer of facilities and other matters relating to the transfer of facilities.

- ACTION ITEMS -

- APPOINTMENTS -

Motion to appoint Mike Kline to the Board of Appeals, for a three-year term to expire on August 30, 2011 was made by Commissioner Guns, seconded by Vice President Guns and unanimously carried to approve.

- RESOLUTION - DOG LICENSE FEES -

County Administrator Wein presented a resolution establishing an increase to the Dog License Fees as presented at the Board of County Commissioners meeting on July 22, 2008.

Commissioner Lockhart made a motion to table the vote and to include in the resolution a provision for a senior citizen discount. The motion was seconded by Commissioner Demmler and unanimously carried. This matter will be placed on the Board's agenda at the August 19, 2008 meeting.

- APPLICATION TO SELL EASEMENT, CECIL COUNTY PURCHASE OF DEVELOPMENT RIGHTS PROGRAM -

Eric Shertz, Office of Planning and Zoning presented the application for the Purchase of Development Rights Program filed by Harvey McNatt, Linda and Water Long, as presented to the Board at their July 22, 2008 meeting.

Motion to approve the application was made by Commissioner Demmler, seconded by Commissioner Lockhart and unanimously carried to approve.

- TEXT AMENDMENT, ZONING ORDINANCE, AMEND ARTICLE XV, SECTION 291.0a - MAJOR SITE PLANS -

Eric Sennstrom, Director of Planning & Zoning presented the text amendment to the Cecil County Zoning Ordinance that would add new language to require the preparer of a major site plan to notify adjoining property owners by certified mail and presenting documentation of notification to the County with the submittal of the major site plan. The proposed amendment was presented during a public hearing on July 22, 2008.

Motion to approve the text amendment was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried.

- TEXT AMENDMENT, ZONING ORDINANCE, ARTICLE V, PART 1, SECTION 65. GREENHOUSES WITH ON-PREMISES SALES PERMITTED-

Director Sennstrom presented the proposed text amendment that if approved will add new language that topsoil, mulch and gardening/landscaping aggregates sales shall be permitted provided that they are accessory to the Greenhouse and that no more than 100 yards of each product are stockpiled at any time.

Motion to approve the text amendment was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried to approve.

- TEXT AMENDMENT, ZONING ORDINANCE, ARTICLE XI, SECTIONS 191, 195, 196, 197 & 200, CHESAPEAKE BAY CRITICAL AREA -

Director Sennstrom presented the proposed text amendment that upon approval will end critical area moratorium on subdivisions, as presented during a public hearing at the Board of County Commissioners meeting on July 22, 2008.

Motion to approve the text amendment was made by Commissioner Lockhart, seconded by Commissioner Demmler and unanimously carried to approve.

- PROGRAM OPEN SPACE - ANNUAL PROGRAM FOR FISCAL YEAR 2009, PRELIMINARY DRAFT, CECIL COUNTY'S PLAN FOR PARK LAND ACQUISITION AND RECREATION FACILITY DEVELOPMENT -

Ed Slicer, Parks & Recreation presented the FY 09 Annual Program Preliminary Draft for Park Land Acquisition and Recreation Facility Development as presented during a public hearing on July 22, 2008 for consideration.

Motion to approve the FY 09 Preliminary Draft was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried to approve.

- PROGRAM OPEN SPACE - MCMILLAN FARM SECURITY FENCE -

Mr. Slicer presented the funding reimbursement request for the Board of County Commissioners from Program Open Space in the amount of $6,510.00 for the fencing project at the McMillan Farm.

Motion to approve the reimbursement was made by Vice President Guns, seconded by Commissioner Tome and unanimously carried to approve.

- BUDGET AMENDMENT NOS. 5 - 12

Motion was made by Commissioner Lockhart, seconded by Commissioner Tome, and unanimously carried to approve Budget Amendment Nos. 5-12. 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 August 19, 2008 at 2:00 p.m. at the County Administrative Building, Elkton, MD.

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