MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

December 2, 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 L. Lockhart, Commissioner
• Wayne L. Tome, Sr., Commissioner

Constituting a majority Board.

The Board adjourned into a closed session at its work session on October 28, 2008 at 10:00 A.M., motion was made by Commissioner Guns, seconded by Commissioner Lockhart, and unanimously carried pursuant to State Government, Annotated Code of Maryland 10-508 (7) consult with counsel to obtain legal advice. Present: Commissioners Manlove, Guns, Demmler, Lockhart and Tome; Administrator Wein, H. Norman Wilson, County Attorney, Judge Richard Jackson and Angela Kuhn, Circuit Court Administrator. Topics of discussion: Funding for Public Defenders.

The Board adjourned into a closed session at its work session on November 18, 2008 at 9:00 A.M., motion was made by Commissioner Lockhart, seconded by Commissioner Tome and unanimously carried pursuant to State Government, Annotated Code of Maryland 10-505 (a) (7) Consult with counsel to obtain legal advice with Steve Silvestri, Miles & Stockbridge. Present: Commissioners Manlove, Guns, Demmler, Lockhart and Tome; County Administrator Wein, County Attorney Wilson and staff necessary for discussion. Topics of Discussion: Collective bargaining proposed legislation; guidance relating to next steps. Session adjourned at 9:35 A.M. The Board reconvened into a closed session at 11:30 A.M., motion was made by Commissioner Guns, seconded by Commissioner Demmler and unanimously carried pursuant to State Government, Annotated Code of Maryland 10-508 (a) (1) personnel matters; (4) consider a matter that concerns the proposal for a business or individual organization to locate within the county; (7) consult with counsel to obtain legal advice; (8) consult with staff or others relating to pending litigation. Present: Commissioners Manlove, Guns, Demmler, Lockhart and Tome. County Administrator Wein, H. Norman Wilson, County Attorney, and staff necessary for discussion Topics of discussion: Elimination of funded vacant positions; Request to Fill Positions; Slots proposed location/update; Artesian serving in North East service area (legal position); discussion of Dorman case.

The Board adjourned into a closed session at its work session on November 25, 2008 at 11:00 A.M., motion was made by Commissioner Guns, seconded by Commissioner Lockhart and unanimously carried pursuant to State Government, Annotated Code of Maryland 10-508 (a) (1) personnel matters; (8) consult with staff, consultants or other individuals about pending or potential litigation. Present: Commissioners Manlove, Guns, Demmler, Lockhart and Tome; County Administrator Wein, County Attorney Wilson and staff necessary for discussion. Topic of discussion: North East water service agreement/PSC application - Artesian water service in North East service area; Collective bargaining update; Constellation, fly ash sludge land application; Request to fill positions; Bainbridge Development Corporation update. The Board reconvened at 12:25, motion to adjourn into closed session was made by Commissioner Lockhart, seconded by Commissioner Guns and unanimously carried pursuant to State Government, Annotated Code of Maryland 10-503 (c) Administrative functions. Present: Commissioners Manlove, Guns, Demmler, Lockhart, Tome; County Administrator Wein, County Attorney Wilson and staff necessary for discussion. Topics of Discussion: Delegate Rudolph meeting update; Delegate Smigiel's suggestion for legislative briefing; Video gaming (slots) update.

The Board adjourned into a closed session at its worksession on December 2, 2008 at 9:55 A.M., motion was made by Commissioner Tome, seconded by Commissioner Lockhart and unanimously carried pursuant to State Government, Annotated Code of Maryland 10-508 (a) (1) personnel matters; (4) consider a matter that concerns the proposal for a business to locate in the county; (7) consult with counsel to obtain legal advice. Present: Commissioners Manlove, Guns, Demmler, Lockhart and Tome; County Administrator Wein; Mayor Jim Eberhardt, County Attorney Wilson and staff necessary for discussion. Topics of Discussion: CARC C.O. Position; video lottery terminals in Perryville; Calvary Lane road name change petition.

The meeting of the Board of County Commissioners for Cecil County, December 2, 2008 was called to order by Commissioner Manlove at 7:00 p.m. and opened with the Pledge of Allegiance.

The minutes of the November 5, 2008 meeting were unanimously carried to approve.

-COMMISSIONERS' COMMENTS-

Commissioner Manlove - thanked his fellow Commissioners and staff for their service.

Commissioner Guns - commented on some of the accomplishments and highlights that he and the previous two Boards worked on during the past two terms. He also thanked his fellow Commissioners and staff for their service.

Commissioner Demmler - wished the outgoing Commissioners well.

Commissioner Lockhart - thanked the outgoing Commissioners for their service and wished them well.

Commissioner Tome - also thanked the outgoing members and welcomed the new members.

- PUBLIC HEARINGS -

- PROGRAM OPEN SPACE FUNDING REIMBURSEMENT REQUEST FROM THE DEPARTMENT OF NATURAL RESOURCES FY 2008-09 - JOHNNIES FIELD PARK SIGN; CECIL ARENA SIGNS; CONOWINGO PARK DEVELOPMENT II, AMENDMENT -

Edward Slicer, Parks & Recreation presented three Program Open Space Funding Reimbursements Requests from the Department of Natural Resources FY 2008-09 Program as recommend by the Cecil County Parks & Recreation Board and the Cecil County Planning Commission.

1). Applicant: Cecil County Government; Project title: Johnnies Field Park Sign; Total development cost: $655.00; local funding $163.75; requested reimbursement amount: $491.25.

2). Applicant: Cecil County Government; Project title: Cecil Arena Signs; Total development cost: $5,005.00; local funding $1,251.25; requested reimbursement amount: $3,753.75.

3). Applicant: Cecil County Government; Project title: Conowingo Park Development, Amendment II which includes a stone parking lot; stormwater management; the entrance off of Route 222; and the possibility of one playing field; Total development cost: $35,673.00; requested reimbursement amount: $107,020.00.

COMMENTS IN OPPOSITION/SUPPORT:

Representative from the Conowingo Lion's Club - asked for the Board for a favorable ruling for the Conowingo Park project on behalf of the Lion's Club.

These items will be placed on the Board's agenda for the December 16, 2008 meeting.

- CECIL COUNTY SOLID WASTE MANAGEMENT PLAN 2008-2017 -

Scott Flanigan, Director of Public Works, and staff presented the Board with the Cecil County Solid Waste Management Plan 2008-2017 for public review and comment.

Veronica Foster from the consulting firm of Golder & Associates presented a brief summary of the plan, which is mandated by state regulation, part of the regulation requires that Cecil County define the solid waste management goals and objectives, access the adequacy of existing facilities and the present plans to address long term needs. The plan is required to be reviewed and updated every three years. Ms Foster presented the Cecil County Solid Waste's "Goals & Objectives, County Structure, Laws, and Regulations"; "Population, Zoning & Land Use"; "Solid Waste Generation Projections, Management, and Facilities"; "Assessment of Waste Disposal Systems 2008 through 2017"; and a "Plan of Action," as required by state code.

COMMENTS IN OPPOSITION/SUPPORT: No Comments.

- PUBLIC COMMENT -

Christine Reeves, 432 Goosemar Road, Rising Sun, MD - commented in support of her application to rename a private lane.

- ACTION ITEMS -

- APPOINTMENTS -

Motion to approve the appointment of Jonathan Quinn and John Lee, Jr., to the Agricultural Reconciliation Committee was made by Commissioner Tome, seconded by Commissioner Guns and unanimously carried.

- POLICE MUTUAL AID AGREEMENTS BETWEEN THE CECIL COUNTY SHERIFF'S OFFICE AND THE TOWN OF RISING SUN-

County Administrator Wein presented the Mutual Aid Agreements for emergency services and the enforcement of motor vehicle laws as presented at the Board's meeting of November 18, 2008, between the Cecil County Sheriff's Office and the Town of Rising Sun.

Motion to approve the mutual aid agreements was made by Commissioner Lockhart, seconded by Commissioner Tome.

- CECIL COUNTY ROADWAY CLASSIFICATION MAP - REQUEST TO CHANGE CLASSIFICATION FOR BELLE HILL ROAD -

Eric Sennstrom, Director of Planning & Zoning presented the Board with the request to re-classify Belle Hill Road from a "local" to a "collector" road, as introduced at the Board's November 18, 2008 meeting.

Motion to approve the request for road classification was made by Commissioner Lockhart, seconded by Commissioner Demmler and unanimously carried to approve.

- REQUEST FOR GROWTH ALLOCATION - BRACEBRIDGE HALL- TO CHANGE 40 ACRES FROM RESOURCE CONSERVATION AREA (RCA) TO LIMITED DEVELOPMENT AREA (LDA) -

Director Sennstrom presented the request for growth allocation of 40 acres of property located on Grove Neck Road, Earleville, MD from Resource Conservation Area (RCA) to Limited Development Area (LDA) pursuant to request of applicant "Bracebridge Hall", as presented during a public hearing at the Board's November 18, 2008 meeting.

The Cecil County Planning Office as well as the Planning Commission has forwarded a recommendation of approval for this request.

Motion to approve the request for growth allocation was made by Commissioner Guns, seconded by Commissioner Lockhart and unanimously carried to approve.

- REQUEST FOR AMENDMENT TO THE MASTER WATER AND SEWER PLAN TO INCLUDE PARCELS OF LAND LOCATED ALONG ELK MILLS ROAD IN THE W-2 AND S-2 CATEGORIES - PARCELS: 90 & 102 EASTERN STATES DEVELOPMENT CORPORATION AND PARCEL 244, TRUSTEES OF BALDWIN UNITED METHODIST CHURCH -

Director Sennstrom presented the request for amendment to the 2004 Master Water & Sewer Plan by Eastern States Development Corporation and the Trustees of Baldwin United Methodist Church as heard during a public hearing at the Board of County Commissioners meeting on November 18, 2008.

The Cecil County Planning Commission forwarded a recommendation of disapproval of this request and the Cecil County Planning Staff forwarded a recommendation of approval.

Motion to approve the amendment to the 2004 Master Water & Sewer Plan was made by Commissioner Guns, seconded by Commissioner Tome.

Discussion: Commissioner Demmler stated that she believes that this request is premature and will not support the request at this time.

The motion carried by a vote of 4-1. Manlove, Y; Guns, Y; Demmler N; Lockhart, Y; Tome, Y

- APPLICATION TO NAME A PRIVATE ROAD, GRAVEL LANE OFF OF GOOSEMAR ROAD - PROPOSED NAME "REEVES RANCH LANE" -

Director Sennstrom presented the application to name a private gravel lane off of Goosemar Road filed by David T. Reeves to "Reeves Ranch Lane" as presented at the Board's November 18, 2008 meeting.

Motion to approve was made by Commissioner Guns to approve the request. The motion died for lack of a second.

Commissioner Demmler made a motion to disapprove the motion and was seconded by Commissioner Tome.

Discussion: Commissioners Guns stated that the applicants fulfilled all of the obligations of the application and he sees no reason why it should not be granted.

The motion carried by a majority vote. Manlove, Y; Guns, N; Demmler, Y; Lockhart, Y, Tome, Y.

- DEPARTMENT OF PUBLIC WORKS -

Scott Flanigan, Director of Public Works presented the following items:

- ROAD DEED, ROAD WIDENING & UTILITY DEED OF EASEMENT - REPRESENTATIVES OF THE ESTATE OF ISSAC R. BOYD -

Upon the recommendation of Director Flanigan, motion to approve a deed for road widening and utility easement was made by Commissioner Lockhart, seconded by Commissioner Demmler and unanimously carried to approve.

- RESOLUTION - REMOVAL OF A STOP SIGN BETWEEN CONOWINGO LAKE ROAD AND OLD CONOWINGO ROAD -

Upon the recommendation of Director Flanigan, motion to remove the stop sign between Conowingo Lake Road and Old Conowingo Road, was made by Commissioner Guns, seconded by Commissioner Tome, and unanimously carried to approve. A copy of the resolution is attached hereto and unanimously carried to approve.

- BID AWARD - 09-18 SHERIFF'S OFFICE TAILORED UNIFORMS -

Upon the recommendation of Purchasing Agent and the Sheriff's Office, motion was made by Commissioner Tome, seconded by Commissioner Guns and unanimously carried to award Bid No. 09-18 to Red the Uniform Tailor as specified within their proposal package.

- BUDGET AMENDMENTS - NOS. 38-40 -

Motion was made by Commissioner Demmler, seconded by Commissioner Lockhart and unanimously carried to approve Budget Amendment Nos. 38-40. 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 December 16, at 7:00 p.m. County Administration Building, 200 Chesapeake Blvd., Elkton, MD.

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