MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

June 2, 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
• Robert J. Hodge, Commissioner
• James T. Mullin, Commissioner

Constituting a majority Board.

The Board adjourned into a Closed Session at its work session on May 26, 2009 at 9:55 A.M., motion was made by Commissioner Mullin, seconded by Commissioner Demmler and unanimously carried pursuant to MD Annotated Code - State Government 10-508 (a) (1) personnel matters; (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 Alfred Wein; Director Eric Sennstrom; Director Scott Flanigan. Topics of Discussion: Video Lottery Terminal status discussion; Port Deposit Wastewater contract; personnel matter.

The Board adjourned into a Closed Session at its work session on June 2, 2009 at 10:10 A.M., motion was made by Commissioner Mullin, seconded by Commissioner Demmler and unanimously carried pursuant to MD Annotated Code - State Government 10-508 (a) (1) personnel matters; (7) consult with counsel to obtain legal advice; and (14) before a contract is awarded or bids are opened, discuss matters 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; Director Eric Sennstrom; Director Scott Flanigan; Larry Haislip, Counsel. Topics of Discussion: Artesian legal matters; Port Deposit Wastewater contract; personnel matters - Economic Development; Animal Control Contract negotiation discussion.

The meeting of the Board of County Commissioners for Cecil County, June 2, 2009 was called to order by Commissioner Lockhart at 2:00 p.m. and opened with the Pledge of Allegiance.

The following minutes were unanimously approved by the Board:

• April 28, 2009 Worksession Minutes
• May 5, 2009 Closed Worksession Minutes
• May 5, 2009 Worksession Minutes
• May 12, 2009 Worksession Minutes
• May 12, 2009 Constant Yield & Tax Rate Hearing - Afternoon Session
• May 12, 2009 Constant Yield & Tax Rate Hearing - Evening Session
• May 19, 2009 Board Meeting
• May 19, 2009 Worksession Minutes
• May 19, 2009 Closed Worksession Minutes

-COMMISSIONERS' COMMENTS-

Commissioner Mullin - commented about the Cecil College Scholarship that he presented at Bohemia Manor High School.

Commissioner Hodge - commented about the Eagle Scout Award that he presented. He further commented about citizens attending the Board meetings and welcomed everyone.

No further comment.

- PUBLIC HEARINGS -

- PROGRAM OPEN SPACE, CECIL COUNTY CONOWINGO PARK DEVELOPMENT II - AMENDMENT II,

Clyde Van Dyke, Director of Parks & Recreation presented the Development and Capital Renewal Application and Project Agreement for the Conowingo Park Development II, Amendment II in the amount of $57,076.80. This project consists of continued work on the northern section of the 32 acre park, including relocation of utility poles, SHA requirements, park entrance, parking lot, stormwater management, athletic fields and tennis courts.

This request will be presented to the Board for consideration at the June 16, 2009 meeting.

- PUBLIC COMMENT -

Don Schubert, 73 Park Lane, Earleville, MD - commented about the County's obligation to enforce the regulations with regard to the zoning violations of that community.

- INTRODUCTORY ITEMS -

- AMENDMENT #1 - OPERATIONS AGREEMENT BETWEEN ARTESIAN UTILITY DEVELOPMENT, INC., AND THE CECIL COUNTY DEPARTMENT OF PUBLIC WORKS & AMENDMENT #1 - AGREEMENT FOR CONDITIONAL WAIVER OF SEWER HOOKUP FEES - MOLITOR JOINT VENTURES, INC., AND THE BOARD OF COUNTY COMMISSIONERS -

Alfred C. Wein, County Administrator Wein presented two introductory items, both relating to the extension of the closing date for the transfer of assets to Artesian Utility Development, Inc., and Artesian Wastewater, Maryland, Inc., and the associated fees with each of the those agreements.

Both agreements will be presented to the Board for consideration at the June 16, 2009 meeting.

- ACTION ITEMS -

- RESOLUTION - WINDING BROOK SPECIAL TAXING DISTRICT -

County Administrator Wein presented the Winding Brook Special Taxing District Resolution that was presented at the Board's May 19, 2008 meeting for mowing of the common areas and trash collection in the amount of $204.50 per lot per year. A copy of this resolution is attached hereto and incorporated into these minutes.

- DEPARTMENT OF PUBLIC WORKS -

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

- BID AWARD NO. 10-02- WATER & WASTEWATER TREATMENT CHEMICALS -

Upon the recommendation of Director Flanigan, motion to award Bid No. 10-02 as recommended in the bid package, was made by Commissioner Hodge, seconded by Commissioner Demmler and unanimously carried.

- BID AWARD NO. 10-06 ROADWAY TREE TRIMMING -

Upon the recommendation of Director Flanigan, motion to award Bid No. 10-06, to Asplundh Tree Experts, in the amount of $121,908, was made by Commissioner Demmler, seconded by Commissioner Mullin and unanimously carried.

- BID AWARD NO. 10-08 ROADWAY CULVERT INSTALLATION -

Upon the recommendation of Director Flanigan, motion to award Bid No. 10-08, to Dix Hollow Contracting, Inc., in the amount of $93,960.00, was made by Commissioner Hodge, seconded by Commissioner Lockhart and unanimously carried.

- BID AWARD NO. 10-12 - 20 TON TRAILER -

Upon the recommendation of Director Flanigan, motion to award Bid No. 10-12, to Folcomer Equipment Corporation in the amount of $15,250.00 was made by Commissioner Mullin, seconded by Commissioner Demmler and carried to approval. Commissioner Hodge recused himself from this matter.

- RFP - 10-01 HEALTH CARE SERVICES -

Administrator Wein recommended that RFP 10-01 be continued to the next Board of County Commissioners meeting.

- RFP 09-06 - FLEET MANAGEMENT AND EQUIPMENT MAINTENANCE -

Craig Whiteford, Budget Manager, presented the Board with the recommendation of the Contract Evaluation Committee, assigned to the task of evaluating the contracts for the County's fleet management and equipment maintenance. Upon the recommendation of the evaluation team, motion to award RFP 09-06 to First Vehicle Services in the amount of $808,989.21 for a three-year term with two -two- year renewal options to First Vehicle Services.

- BID NO. 09-36 CONOWINGO PARK DEVELOPMENT - NORTHERN SECTION IMPROVEMENTS -

Clyde Van Dyke, Director of Parks & Recreation presented the Board with the recommendation of the Parks & Recreation Board to award bid No. 09-36 to Dixie Construction, Inc., in the amount of $221,000. Motion to award Bid No. 09-36 as recommended was made by Commissioner Lockhart, seconded by Commissioner Mullin and unanimously carried.

- BUDGET AMENDMENTS - NOS. 124 - 131 - .

Motion was made by Commissioner Demmler, seconded by Commissioner Hodge and unanimously carried to approve Budget Amendment Nos. 124-131. 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 June 16, 2009 at 2:00 p.m. at the County Administrative Building, 200 Chesapeake Blvd., Elkton, MD

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