MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

May 5, 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 May 5, 2009 at 10:22 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; (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 and Director Richard Brooks. Topics of Discussion: Swine Flu update; North East Public Service Commission application update; Artesian lawsuit decision, closing matters; Port Deposit Wastewater agreement; Sandy Cove counter proposal.

The meeting of the Board of County Commissioners for Cecil County, May 5, 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:

April 7, 2009 Closed Meeting Minutes

April 7, 2009 Worksession Minutes

April 14, 2009 Closed Session Minutes

April 14, 2009 Worksession Minutes

April 21, 2009 Meeting Minutes

-COMMISSIONERS' COMMENTS-

Commissioner Hodge - commented on the number of citizens at recent meetings and welcomed everyone. He further commented on the passing of Tom McWilliams and about the Cecil County Art's Council's current exhibit.

Commissioner Tome - encouraged all citizens to comment about the FY 2010 Budget.

Commissioner Demmler - reported on her attendance at the Upper Shore Regional Council meeting and the passing of Tom McWilliams.

- PROCLAMATIONS-

Commissioner Mullin, on behalf of the Board presented a proclamation to Joyce & Les Turner, U.S. Coast Guard Flotilla members, honoring National Safe Boating Week.

Commissioner Tome, on behalf of the Board presented a proclamation to staff members of the Cecil County Detention Center, honoring Correctional Officer's Week.

- PUBLIC HEARINGS -

- CECIL COUNTY ORDINANCE NO. 2009-03 HOLIDAY PAY -

Donna Nichols, Director of Human Resources, presented Ordinance 2009-03 Holiday Pay. The ordinance upon approval will amend the Cecil County Personnel & Policies Manual for 24-hour public safety employees and water and wastewater or solid waste division employees required to work on observed holidays.

The ordinance will be presented to the Board for consideration at the May 19, 2009 Board of County Commissioners meeting.

- PUBLIC COMMENT -

Dan Derr, 724 Conowingo Road, Elkton, MD - commented in support of the funding of the Purchase of Development Rights Program.

Coley Brown, 697 Knight Island Road, Earleville, MD - commented in support of enforcing the zoning regulations relating to permanent housing units located within Indian Acres. He requested that the Board meet with a group of citizens who oppose permanent residency.

Penny Orner, Earleville, MD - commented that she is opposed to permanent residency in Indian Acres.

Wayne Stafford, 2612 Blueball Road, Elkton - commented in support of the resolution changing the designation of the collector of the recordation tax to the County Treasurer; and suggested that the savings be allocated to agricultural preservation.

- INTRODUCTORY ITEMS -

- RESOLUTION TO CHANGE THE COUNTY'S WORKER'S COMPENSATION BENEFIT FROM A FULLY INSURED CARRIER TO A SELF-FUNDED PROGRAM -

Director Nichols introduced a resolution that upon adoption would change the County's

Worker's Compensation Benefit from a fully insured carrier to a self-funded program. The County has determined that the most cost effective and efficient way to provide Worker's Compensation Insurance at the lowest cost while maintaining quality service.

The resolution will be presented at the Board of County Commissioners' meeting on May 19, 2009 for consideration.

- APPOINTMENTS -

Motion to approve the following appointments was made by Commissioner Mullin, seconded by Commissioner Tome and unanimously carried:

Commission for Women - Deborah Towery, reappointment for a three-year term to expire 5/1/12.

Charter Board Committee - appointment of Ed Cole, replacing John Burkley

Board of License Commissioners - Bill Gerweck, reappointment for a three-year term to expire 6/30/12.

- 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 the resolution that was introduced at the Board of County Commissioners' meeting on April 21, 2009, 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.

Motion to approve the resolution was made by Commissioner Mullin, seconded by Commissioner Demmler and unanimously carried.

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

Administrator Wein presented an agreement, introduced at the April 21, 2009 Board of County Commissioners' meeting, 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 closing between Artesian and the County.

Motion to approve the agreement was made by Commissioner Tome, seconded by Commissioner Hodge and unanimously carried.

- TEXT AMENDMENT TO THE MASTER WATER & SEWER PLAN, ELKTON WEST AREA, ARTESIAN WATER MARYLAND, INC., & ARTESIAN WASTEWATER, MARYLAND, INC. -

Eric Sennstrom, Director of Planning & Zoning presented the proposed text amendment amending the language in the Master Water & Sewer Plan to reflect the granting of a water franchise and the transfer of certain 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., as presented during a public hearing on April 21, 2009.

Motion to approve the text amendment was made by Commissioner Demmler, seconded by Commissioner Tome, the motion carried to approve. Commissioner Lockhart abstained from the vote.

- PROGRAM OPEN SPACE ANNUAL PROGRAM FOR FY 2010 -

Clyde Van Dyke, Director of Parks & Recreation presented the annual Program Open Space for Cecil County's plan for park land acquisition and recreation facility development that was presented during a public hearing on April 21, 2009.

Motion to approve the FY 2010 Annual Program Open Space FY 2010 was made by Commissioner Mullin, seconded by Commissioner Demmler and unanimously carried to approve.

- DEPARTMENT OF PUBLIC WORKS -

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

- BID AWARD NO. 10-04 - ROADS DIVISION - BITUMINOUS MATERIAL FOR CHIP SEAL AND AMZ MACHINES -

Upon the recommendation of Director Flanigan, motion to award Bid No. 10-04 to E. Stewart Mitchell, Inc., in the amount of $198,200, was made by Commissioner Tome, seconded by Commissioner Lockhart and unanimously carried.

- BID AWARD NO. 10-05 ROADS DIVISION , ROADWAY PIPE FOR USE IN CULVERTS & DRIVEWAYS -

Upon the recommendation of Director Flanigan, motion to award Bid No. 10-05, Roadway Pipe, to Lane Enterprises, Inc., in the amount of $16, 096.25, was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried.

Director Flanigan announced that on May 17, 2009, the Cecil County Central Landfill will be conducting a Tire Drop off Day.

- BID NO. #10-10 - PROPANE GENERATOR -

Upon the recommendation of the Purchasing Agent, motion to award Bid No. 10-10, Propane Generator to Grainger Industrial Supply in the amount of $13,645.44 was made by Commissioner Lockhart, seconded by Commissioner Tome and unanimously carried to approve.

- BUDGET AMENDMENTS - NOS. 107- 116.

Motion was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried to approve Budget Amendment Nos. 107-116. 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 19, 2009 at 7:00 p.m. at the Charlestown Fire Co., 307 Market Street, Charlestown, 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.

MINUTES OF THE BOARD OF HEALTH

May 5, 2009

The Cecil County Board of Health met at the County Administrative Building, 200 Chesapeake Blvd., Elkton, Maryland on Tuesday, May 5, 2009. 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
• Stephanie Garrity, Health Officer

Constituting a full Board.

Health Officer Garrity advised the Board that water table is at the level to now allow the annual the annual wet season testing. All applicants have been scheduled for testing.

The Health Department will be conducting rabies clinics at the Cecil County Health Department and the Water Witch Fire Company. There was an increase from last year from $5 to $7 for the vaccination.

May is "Mental Health Awareness" month, the Cecil County Health Department and the Core Service Agency provides many programs for mental health awareness throughout the public school system.

The Cecil County Health Survey's were mailed out last week to 11,000 households throughout the county.

Health Officer Garrity updated the Board on the H1N1 (Swine) Flu within Cecil County. At this time, there are no confirmed cases in Cecil County. The Cecil County Health Department is providing a flyer with a checklist of some common sense precaution to avoid contracting and/or spreading this virus.