MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

April 21, 2009

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:

• Brian L. Lockhart, President
• Rebecca J. Demmler, Vice President
• Wayne L. Tome, Sr., Commissioner
• Robert J. Hodge, Commissioner
• James T. Mullin, Commissioner

Constituting a full Board.

The Board adjourned into a Closed Session at its work session on April 14, 2009 at 10:49 A.M., motion was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried pursuant to MD Annotated Code - State Government 10-508 (a) (4) consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; (7) consult with counsel to obtain legal advice; (14) before a contract is awarded or bids are opened, discuss a matter directly related to a negotiating strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process. Present: Commissioners Lockhart, Demmler, Tome, Hodge and Mullin; County Administrator Wein, and H. Norman Wilson, Counsel. Topics of Discussion: Ethics Committee, legal fees' Penn National Video Lottery Terminal progress - legal services for STD/TIF; Indian Acres proposed agreement discussion. Actions taken: Directed counsel to contact ethics attorney regarding bill; suggested that a letter be submitted by Penn-National reflecting request for STD/TIF. Closed session adjourned at 12:10 P.M.

The Board adjourned into a Closed Session at its work session on April 21, 2009 at 11:30 A.M., motion was made by Commissioner Tome, seconded by Commissioner Mullin, and unanimously carried pursuant to MD Annotated Code - State Government 10-508 (a) (4) consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; (7) consult with counsel to obtain legal advice; (8) consult with staff, consultants, or other individuals about pending or potential litigation; (14) before a contract is awarded or bids are opened , discuss a matter directly related to a negotiating strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process. Present: Commissioners Lockhart, Demmler, Tome, Hodge and Mullin; County Administrator Alfred Wein; Larry Haislip, Counsel; Director Eric Sennstrom; Director Scott Flanigan. Topics of Discussion: Special Taxing Districts (TIF'S) with respect to Video Lottery Terminals development in Perryville. Actions taken: Directed Vernon Thompson to schedule a meeting with the Town of Perryville. Meeting adjourned at 12:35 P.M.

The meeting of the Board of County Commissioners for Cecil County, April 21, 2009 was called to order by Commissioner Lockhart at 7:00 p.m. and opened with the Pledge of Allegiance.

The following minutes were unanimously approved by the Board:

• March 31, 2009 Closed Meeting Minutes
• March 31, 2009 Worksession Minutes
• April 7, 2009 Meeting Minutes
• April 7, 2009 Rezoning Minutes

-COMMISSIONERS' COMMENTS-

Commissioner Mullin - commented that he attended the Water Witch Volunteer Fire Co., awards banquet and the Department of Emergency Services Paramedic Graduation ceremony.

Commissioner Demmler - offered no comment.

Commissioner Tome - offered no comment.

Commissioner Hodge - stated that the Board has been working hard on the budget and encouraged all citizens to offer their input.

- TREASURER'S REPORT -

Pamela Howard, Cecil County Treasurer presented the cash report for the period ending March 31, 2009. A copy of this report is attached hereto and incorporated into these minutes.

PUBLIC HEARINGS -

- TEXT AMENDMENT TO THE MASTER WATER & SEWER PLAN - WATER & WASTEWATER FRANCHISE - ELKTON WEST -

Eric Sennstom, Director of Planning & Zoning conducted a public hearing for an amendment to the Master Water & Sewer Plan to reflect the granting of a water and wastewater franchise and the transfer of certain other county assets for the Elkton West area by the Board of County Commissioners of Cecil County to Artesian Water Maryland, Inc., and Artesian Wastewater, Maryland., Inc., on or before June 30, 2009.

Recommendation of approval has been recommended by the planning staff of the Office of Planning & Zoning and the Planning Commission.

The text amendment will be presented to the Board for consideration at the May 5, 2009 meeting.

COMMENTS SUPPORT/OPPOSITION:

Ron Hartman, 164 Little Egypt Road, Elkton, MD - commented in opposition to the sale and transfer of county owned facilities to Artesian, Maryland, Inc.

Carol Wohner, Elkton - commented in opposition to the transfer and sale; exuberant legal fees'; the lack of an impact study; and conflicts of interest associated with this matter.

Steve Wohner, Elkton - commented that this sale & transfer is contrary to the Comprehensive Plan and about the increase in rates the county will see upon completion of this sale.

Ed Cairns, 104 Jackson Hall School Road - commented in opposition of the sale & transfer of the county owned facilities, and stated that it will increase the county's reliance on out of state water sources.

Ronald Rae, 4 St. Pat's Circle, Elkton - commented in opposition to the sale & transfer of the county owned facilities to Artesian.

- PROGRAM OPEN SPACE ANNUAL PROGRAM FOR FY 2010-

Clyde VanDyke, Director of Parks & Recreation presented a draft outlining Cecil County's annual plan for park land acquisition and recreation facility development to the Board for approval.

The plan has been recommended by the Board of Parks & Recreation and the Planning Commission. The Annual Open Space Program for FY 2010 will be placed on the Board's agenda for consideration at the May 5, 2009 meeting.

- PUBLIC COMMENT -

Tom McWilliams, 245 Plum Point Rd., Elkton, MD - commented the proposal to change the designation of the collector of recordation tax from the Clerk of the Circuit Court to the Cecil County Treasurer and recommended that an independent economic analysis be conducted prior.

- INTRODUCTORY ITEMS -

- RESOLUTION TO CHANGE THE DESIGNATION OF THE COLLECTOR OF RECORDATION TAX FROM THE CLERK OF THE CIRCUIT COURT FOR CECIL COUNTY TO THE TREASURER OF CECIL COUNTY -

Alfred C. Wein, Jr., County Administrator, presented a resolution for introduction changing the designation of the Collector of Recordation Tax from the Clerk of the Circuit Court for Cecil County to the Cecil County Treasurer, pursuant to Title Twelve, Section 12-109 (b)(1) of the Tax Property Article. The resolution, if approved, will take effect on July 1, 2009.

The resolution will be placed on the Board's agenda for consideration at the May 5, 2009 meeting.

- AGREEMENT FOR CONDITIONAL WAIVER OF SEWER HOOKUP FEES BETWEEN MOLITOR JOINT VENTURE, LLC AND THE BOARD OF COUNTY COMMISSIONERS -

Administrator Wein presented an agreement for the conditional waiver of sewer hookup fees between Molitor Joint Venture and the Board of County Commissioners for the subdivision known at The Pines of Cherry Hill for a conditional waiver of hookup fees for any building permits, not to exceed twelve (12) pending the agreement between Artesian and the County.

The agreement will be placed on the Board's agenda for consideration at the May 5, 2009 meeting.

- REZONING DECISION - FILE NO. 2009-02 - GOSS MONTGOMERY PARTNERSHIP -

Director Sennstrom presented to the Board Rezoning File No. 2009-02 - Goss Montgomery Partnership. Property Location: Telegraph Road - North Side of Route 273, Rising Sun, MD. Election District 6; Tax Map: 10; Parcels 81 & 479. Presently Zoned: Town Residential, (TR). Request: To rezone 1.173 & 2.89 acres from Town Residential (TR) to Business General (BG). Property Owner: H. Barry Montgomery. The request was presented during a public hearing on April 7, 2009 and is before the Board for consideration.

Motion to approve the rezoning was made by Commissioner Hodge, seconded by Commissioner Mullin.

Discussion: Commissioner Demmler stated that this property is located within the incorporated town limits and is residential; therefore, she will not support the request for rezoning.

Vote: Lockhart - Abstain; Demmler - N; Tome - Y; Hodge - Y; Mullin - Y.

The motion carried by a 3-1 vote, with one abstention.

- DEPARTMENT OF PUBLIC WORKS -

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

- RIGHT OF WAY DEDICATION DEED BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND RHAWN, LLC -

Upon the recommendation of Director Flanigan, motion to approve the right of way dedication deed between the Board of County Commissioners and Rhawn, LLC was made by Commissioner Demmler, seconded by Commissioner Mullin and unanimously carried.

- PROPOSED REVISION TO DEMOLITION PERMITTING PROCESS -

Upon the recommendation of Director Flanigan, motion to approve the revision to the demolition permitting process to allow for inspection for asbestos materials by the Cecil County Health Department, as presented as an introductory item at the Board's April 7, 2009 meeting was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried.

- EASEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF CHARLESTOWN TO REPLACE, RELOCATE & MAINTAIN PUMPING STATION -

Upon the recommendation of Director Flanigan, motion to approve the easement agreement between the Board and the Town of Charlestown for the installation, maintenance and electrical service to serve Cecil County's new sewer pump station, pursuant to the terms of the agreement, was made by Commissioner Hodge, seconded by Commissioner Mullin and unanimously carried to approve.

- EASEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND CALICORT PELHAM MANOR, LC FOR THE SUBDIVISION KNOWN AS PELHAM MANOR -

Upon the recommendation of Director Flanigan, motion to approve the easement agreement was made by Commissioner Demmler, seconded by Commissioner Hodge and unanimously carried.

- BID AWARD NO. 33 - ROADS DIVISION - ASPHALT OVERLAY, II -

Director Flanigan presented a recommendation for award for Bid No. 33, Asphalt overlay II for roads located within the Pine Hills Subdivision in the amount of $382,925.40 to Independence Construction Materials, Inc.

Motion to disapprove the bid award was made by Commissioner Hodge, seconded by Commissioner Lockhart.

Discussion: Commissioner Demmler stated that a portion of the funding for this project is coming from state grants and if the project is not completed the funding will be lost.

Commissioner Hodge stated that as a result of the level of reduction of state level reduction of highway revenues, he does not feel that this is a wise choice at this time.

The motion to disapprove the award was carried by a majority vote.

Lockhart - Y; Demmler - N; Tome - Y; Hodge - Y; Mullin - Y

Director Flanigan advised the Board that the Household Hazardous Waste Day held on April 19^th at the Central Landfill was a success and the next event will be Tire Collection Day held on May 17, 2009.

- BID #10-01 - FOOD & BEVERAGE VENDING SERVICE -

Administrator Wein presented a recommendation for Bid Award No. 10-01 Food and Beverage Vending Service. Motion to award bid to Canteen Vending as specified in the bid recommendation was made by Commissioner Mullin, seconded by Commissioner Tome and unanimously carried.

- BID 10-09 - DETENTION CENTER COMMISSARY SERVICE PRODUCTS -

Motion to award Bid 10-09 as recommended by the Purchasing Agent to Simply Good, LLC & Keefe Commissary Network, LLC as specified in the bid package, was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried.

- BUDGET AMENDMENTS - NOS. 102 - 106.

Motion was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried to approve Budget Amendment Nos. 102-106. 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 on May 5, 2009 at 7:00 p.m. at the County Administrative Building, 200 Chesapeake Blvd., Elkton, MD.

There being no further business of the County Commissioners, motion to adjourn was made by Commissioner Mullin, seconded by Commissioner Tome and unanimously carried.