MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

June 17, 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

Constituting a majority Board.

The Board adjourned into a closed session at its work session on June 10, 2008 at 10:20 A.M., motion was made by Vice President Guns, seconded by Commissioner Lockhart and unanimously carried pursuant to State Government, Annotated Code of Maryland 10-508 (a) (7) & (14); legal advice and negotiations.

The Board adjourned into a closed session at its work session on June 17, 2008 at 10:25 A.M., motion was made by Vice President Guns, seconded by Commissioner Demmler, and unanimously carried pursuant to State Government, Annotated Code of Maryland 10-508 (a) (1), & (7) to discuss personnel matters and obtain legal advice.

The meeting of the Board of County Commissioners for Cecil County, June 17, 2008 was called to order by Commissioner Manlove at 2:00 p.m. and opened with the Pledge of Allegiance.

The minutes from the June 3, 2008 meeting and the June 3, 2008 Board of Health were unanimously approved.

-COMMISSIONERS' COMMENTS-

Vice President Guns - stated that Commissioner Tome was attending the annual Firemen's Convention in Ocean City and would not be in attendance.

• Commissioner Lockhart - welcomed Senator Jacobs.
• President Manlove - also welcomed Senator Jacobs.
• Commissioner Demmler - declined.

- PROCLAMATION - NATIONAL "DUMP THE PUMP" -

President Manlove presented a proclamation to representatives from the Department of Senior Services and Community Transit in honor of National "Dump the Pump Day". Leslie Gorak encouraged all Cecil County citizens to take advantage of free public transportation on Thursday, June 19, 2008 in honor of this event.

- PUBLIC HEARINGS -

- TEXT AMENDMENT - CECIL COUNTY ZONING ORDINANCE, ARTICLE V, PART XII, SECTION 153 - RUBBLE LANDFILL; TEXT AMENDMENT, CECIL COUNTY ZONING ORDINANCE, ARTICLE V, PART XII, SECTION 154 - SANITARY LANDFILL; TEXT AMENDMENT, CECIL COUNTY ZONING ORDINANCE, ARTICLE V, PART II, SECTION 67 - MINERAL EXTRACTION -

Eric Sennstrom, Director of Planning & Zoning presented three (3) Text Amendments to the Cecil County Zoning Ordinance proposing language that would prohibit the disposal of coal combustion byproducts in a rubble landfill, in a sanitary landfill or to be used as reclamation materials in non-coal surface mines.

The Planning Commission heard the text amendments at their meeting on June 17, 2008 and have recommended approval.

COMMENTS IN SUPPORT -

George Kaplan, Colora, MD - on behalf of the Cecil Land Use Alliance, commented in support of the proposed text amendments.

Sarah Colenda, Perryville, MD - commented in support of the proposed text amendments and voiced her concern of not only the disposal of the coal combustion byproducts, but also to the increased truck traffic in the area that the proposed Stancill project would create.

Jean Witsell, Port Deposit, MD - commented in support of the proposed text amendment.

Senator Nancy Jacobs - commented in support of the proposed text amendment and about legislation that was put through legislation last year concerning the use of coal combustion byproducts.

Nelson Campbell, Perryville, MD - commented in support of the proposed text amendment.

Denise Breder, Town of Perryville - on behalf of the Town of Perryville, commented in support of the text amendment.

COMMENTS IN OPPOSITION -

Clayton Mitchell, on behalf of BGE and Constellation Energy, Beth Pittaway, Constellation Energy and Charles Price, Charah, Inc. - made a presentation to the Board regarding the proposal of Constellation Energy and the Charah Group, Inc., to reclaim the mining operation located at Stancill's Sand and Gravel in the Perryville area. The group outlined the proposal, the safety elements of the proposal, and the benefits to the county in the form of a hosting fee and the donation of green space upon completion of the project.

Dwight Thomey - urged the Board to carefully consider the proposal by Constellation Energy and the Charah Group, and to consider the safety precautions and the long term benefits to the county as a result of the reclamation project.

Terry Stancill - commented support of the proposal, he stated that this proposal has been ongoing for approximately one year, and he urged the Board for it's consideration in this matter.

This matter will be placed as an action item on the July 8, 2008 Board of County Commissioner's meeting.

- NOMINATION FOR HISTORIC DESIGNATION - THOMAS SCOTT'S PLACE -

Director Sennstrom presented a Nomination for Historic Designation filed by William and Mary Rowe for a structure located at 516 Colora Road, Colora, MD. The structure pre-dates the Civil War Era and meets the criteria for a historical structure.

The nomination has been recommended by the Historical Designation Committee, as well as the Planning Commission at it June 16, 2008 meeting.

This matter will be placed as an action item at the Board of County Commissioner's meeting on July 22, 2008.

- TEXT AMENDMENTS, CHAPTER 245, SEPTAGE HAULING & DISHCHARGE-

Scott Flanigan, Director of Public Works, presented a Text Amendment to Chapter 245 of the Cecil County Code - Septage Hauling & Discharge. Upon the adoption of the proposed ordinance, effective August 1, 2008, all county septage must be discharged at the new septage receiving facility at the Cecil County Central Landfill. Additionally, the charge for treatment and disposal is proposed to change from $30 per 1,000 gallons to $10.00 per ton.

COMMENTS SUPPORT/OPPOSITION: None.

- PROPOSED CLOSURE OF A PORTION OF OLD CONOWINGO ROAD -

Dan Webber, Superintendent, Roads Division presented a proposal to close a portion of Old Conowingo Road between Conowingo Lake Road and Belle Manor Road. The road is in need of costly repairs. The west side of the road has a vertical drop of approximately 80 feet down to the Conowingo Creek, which is frequently used by people for dumping trash and debris. Estimated costs of repair and replacement of drainage structures and guide rails is estimated between $120 - 130,000. A traffic study conducted between the dates of April 2-11 recorded 63 trips on this portion of roadway.

COMMENTS SUPPORT/OPPOSIITON:

Todd Cutler, Exelon Corporation - stated that Exelon owns the property and supports this closure.

This proposed closure will be placed on the July 22, 2008 Board of County Commissioners agenda as an action item.

- ACTION ITEMS -

- APPOINTMENTS -

Motion was made by Vice President Guns, seconded by Commissioner Lockhart and unanimously carried to appoint the following members:

Department of Social Services

The following members are recommended for a three-year term to expire: June 30, 2011

• Deron Brown
• Randy Bailey
• Mary Jane Kamps
• Carol Pearson

Economic Development Commission

The following members are to be re-appointed for a three-year term to expire: June 30, 2011

• Joyce Bowlsbey
• Raymond Hamm
• Robert Hodge
• Norman Gaither
• Dr. Kenneth Lewis
• Dr. Stephen Pannill
• Dr. Carl Roberts
• Rupert Rossetti
• Timothy Smith

The following member is to be appointed to replace Michael Vaughan, for a three-year term to expire June 30, 2011:

Gary Stewart, Jr.

Commission on Aging

Lois Sutherland

Charity Bryant (Honorary Member)

Laura Lockard (Honorary Member)

CecilCountyPublic Safety Pension Board of Trustees

Kenneth E. Buchman for a three-year term to expire: June 30, 2011

- RESOLUTION, CECIL COUNTY PERSONNEL POLICY & PROCEDURES MANUAL -

Donna Nichols, Director, Human Resources presented the Board with a resolution defining the revisions to the Cecil County Policies & Procedures Manual as presented during a public hearing on June 3, 2008.

Motion to approve the resolution was made by Commissioner Demmler, seconded by Commissioner Lockhart and unanimously carried to approve. A copy of the resolution is attached hereto and incorporated into these minutes.

- FY 09 AMENDED CIP -

Craig Whiteford, Budget Manager presented the Board with the FY 09 Amended CIP as introduced at the Board's meeting of June 3, 2008.

Motion to approve the amended FY 09 CIP was made by Commissioner Lockhart, seconded by Vice President Guns and unanimously carried to approve. A copy of the amended CIP is attached hereto and incorporated into these minutes.

- FIRST VEHICLE SERVICES - FLEET MANAGEMENT CONTRACT -

Budget Manager Whiteford presented the Fleet Management Contract in the amount of $813,098 that upon approval will commence August 19, 2008 in accordance with said contract, as previously introduced at the Board's June 3, 2008 meeting.

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

- RESOLUTION - ESTABLISHMENT OF OPEB TRUST & RESOLUTION - PRE-FUNDING OF OPEB TRUST -

Budget Manager Whiteford presented two resolutions establishing a Postretirement Health Benefits fund as introduced at the Board's June 3, 2008 meeting.

Motion to approve the resolutions was made by Commissioner Lockhart, seconded by Commissioner Demmler and unanimously carried. A copy of the resolutions are attached hereto and incorporated into these minutes.

- DEPARTMENT OF PUBLIC WORKS -

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

- BID AWARD NO. 08-39 WATER & WASTEWATER CHEMICALS -

Upon the recommendation of Director Flanigan, motion to award Bid No. 08-39 was made by Commissioner Lockhart, seconded by Vice President Guns and unanimously carried to approve as follows:

Univar USA, Inc., - $50,973 Carmeuse - $21,510

Coyne Chemical - $11,381.37 Polydyne Chemical - $18,000

Basic Chemical Solution - $12,150 Delta Chemical - $80,878

Siemens Water Technologies $13,740

- BID AWARD NO. 08-50 MEADOWVIEW SEWER & WATER UPGRADES, PHASE 3 -

Upon the recommendation of Director Flanigan, motion was made by Vice President Guns, seconded by Commissioner Demmler and unanimously carried to withdraw Bid No. 08-050 for further evaluation.

- CANCELLATION OF BID NO. 08-11 - PRINCIPIO SANITARY SEWER SUB-DISTRICT SOUTH INTERCEPTOR -

Upon the recommendation of Director Flanigan, motion was made by Commissioner Demmler, seconded by Commissioner Lockhart, and unanimously carried to cancel Bid No. 08-11.

- BID AWARD NO. 08-48 - COURTHOUSE RENOVATION -

Upon the recommendation of the architectural firm of Francis Cauffman and county staff, motion was made by Commissioner Lockhart, seconded by Vice President Guns and unanimously carried to award Bid No. 08-48 for Courthouse Renovations to Commonwealth Construction Company in the amount of $2,617,000. Renovations consist of approximately 8500 square feet of the 1^st and 2^nd floors (4^th courtroom and master's hearing room); fire suppression system and exterior fire stair. The State Administrative Office of the Court's has committed $633,000 to the project.

- BUDGET AMENDMENT NOS. 112 - 124

Motion was made by Commissioner Demmler, seconded by Vice President Guns, and unanimously carried to approve Budget Amendment Nos. 112-124. A copy of these budget amendments are attached hereto and made part of these minutes.

The next meeting of the Board of County Commissioners will be held on July 8, 2008 at 1:00 p.m. at the County Administrative Building, Elkton, MD.

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