MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

June 1, 2010

The Board of County Commissioners for Cecil County met in regular session at the Cecil County Administration Building, 200 Chesapeake Blvd., Elkton, MD. The following members of the Board were present:

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

Constituting a majority Board.

The Board adjourned into a Closed Session at its work session on June 1, 2010 at 10:15 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) (1) Personnel matters; (7) Consult with counsel to obtain legal advice. Present: Commissioners Lockhart, Tome, Hodge & Mullin; Administrator Wein; and Counsel Wilson. Topics of Discussion: Workers Compensation update, Personnel Matters (request to fill) and Electrical Board matters. Actions Taken: SISCO provided Workers Compensation review for FY 2010. Approved (3) requests to fill. Discussed various legal matters relating to Electrical inspections and proposed new ordinance. Meeting adjourned at 11:35 A.M.

The Board of County Commissioners for Cecil County met in regular session at the Cecil County Administration Building, 200 Chesapeake Blvd., Elkton, MD.

The meeting of the Board of County Commissioners for Cecil County, June 1, 2010 was called to order by Commissioner Lockhart 2:00 p.m. and opened with the Pledge of Allegiance.

The following minutes were approved by Commissioners Lockhart, Tome and Mullin. Commissioner Hodge abstained. Motion carried by majority of the Board.

o May 4, 2010 Worksession Minutes

o May 4, 2010 Closed Worksession Minutes

o May 4, 2010 Commissioner Meeting Minutes

o May 4, 2010 Board of Health Minutes

o May 11, 2010 Worksession Minutes

o May 11, 2010 Closed Worksession Minutes

o May 11, 2010 Commissioner Meeting Minutes

o May 25, 2010 FY 2011 Budget Adoption Minutes

- COMMISSIONERS COMMENTS –

Commissioner Hodge no comment

Commissioner Tome no comment

Commissioner Mullin commented summer was upon us.

- PUBLIC HEARINGS -

- Cecil County Personal Policies and Procedures Proposed Amendments –

Donna Nichols, Director of Human Resources presented for public hearing proposed modifications to the Cecil County Personnel Policies and Procedures Manual. The proposed changes have been recommended by the Policies and Procedures Committee. A copy of the proposed amendments are attached hereto and incorporated into these minutes.

These amendments will be placed on the Board's agenda for consideration at the June 15, 2010 meeting.

COMMISSIONERS COMMENTS:

Commissioner Hodge commented that proposed changes presented to the Commissioners are not the view of the Board but is rather the views of the committee. Commissioner Hodge also stated the Board would be open for ideas from the public and employees and that the Board would be looking into the recommendations very closely.

COMMENTS SUPPORT/OPPOSTION:

Robert Conway commented about the inclement weather policy regarding the public safety personnel in the County. He asked that the Commissioners take into consideration that public safety employees must report to work during these times and ask that the Commissioners treat public safety personnel as any other County employee.

Robin Coyle commented on the current sick leave policy and asked the Commissioners to consider that any approved leave for appointments not be counted as an occurrence. Ms. Coyle also asked that the Board take into consideration the amount of time given for family sick leave.

Sheriff Janney commented in opposition of the inclement weather policy and asked that public safely personnel be treated as all other County employees.

- Ordinance 2010-03; Amendment to Chapter 200 Building Construction -

Patrick Conway, Director of Permits & Inspections presented Ordinance 2010-03 Amendment to Chapter 200 Building Construction. Mr. Conway proposed to adopt 2009 International Building Code and 2009 International Residential Code as adopted by the International Code Council and the State of Maryland with amendments to the following sections 200-4, 200-6, and section 200-7. The most substantial change will be as of January 1, 2011 all single family structures will require automatic fire sprinkler systems. A copy of the Ordinance 2010-03; with proposed amendments to sections 200-4, 200-6 & 200-7 are attached hereto and incorporated into these minutes.

These amendments will be placed on the Board's agenda for consideration at the June 15, 2010 meeting.

COMMISSIONERS COMMENTS:

Commissioner Lockhart verified that existing structure would not be retrofitted to meet new codes.

Commissioner Hodge clarified that the County could not pick and choose these adoptions, but that they are required to be implemented by the State of Maryland.

COMMENTS SUPPORT/OPPOSTION:

None

- INTRODUCTORY ITEMS-

- RESOLUTION, CONDITIONAL LOAN COMMITMENT TO AQUAFIN, INC., FROM THE CECIL COUNTY REVOLING LOAN FUND-

Roy Clough of Economic Development presented a Resolution for a loan from the revolving loan fund from the County to Aquafin, Inc., in the amount of $20,238.00 at an interest rate of 1.625% fixed for a five year term. The loan would be used to purchase equipment. Aquafin, Inc., currently has a loan that is 50% repaid which also reflects a good payment history. Upon review of their financials and recommendations from BB&T it was recommended by the loan committee for the loan it proceed as stated.

COMMISSIONERS COMMENTS:

Commissioner Hodge requested a copy of the letter of approval from the loan committee.

This Resolution will be placed on the Boards agenda for consideration at the Commissioners meeting on June 15, 2010.

- PORT DEPOSIT WATER FRANCHISE AGREEMENT-

Alfred C. Wein, Jr., County Administrator introduced a Water Franchise Agreement between Artesian Water Maryland, Inc., and Cecil County to own and operate a water system in the town of Port Deposit.

This agreement will be placed on the Boards agenda for consideration at the Commissioners meeting on June 15, 2010.

- RESOLUTION, JUNK DEALER and/or SCRAP METAL PROCESSOR LICENSING-

Alfred C. Wein, Jr., County Administrator introduced a resolution to designate the Maryland State Police as the primary law enforcement unit for Cecil County in regards to the enforcement of regulations as set forth in the Annotated Code of Maryland, Business Regulations Article §17–1011(b).

This resolution will be placed on the Boards agenda for consideration at the Commissioners meeting on June 15, 2010.

- DEPARMTENT OF PUBLIC WORKS –

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

- DEED OF EASEMENT; LARRY RAWLINGS; CONSTRUCT, IMPROVE, & MAINTAIN TWO DRAINAGE STRUCTURES OVER A TRIBUTARY TO OCTORARO CREEK-

Upon the recommendation of Director Flanigan, motion to approve the deed of easement between the aforesaid parties was made by Commissioner Mullin, Seconded by Commissioner Tome and unanimously carried.

- OPTION CONTRACT AGREEMENT – PROPERTY OF MARGIT E. QUIST-REPLACEMENT OF NOTTINGHAM BRIDGE ROAD BRIDGE OVER CSX -

Upon the recommendation of Director Flanigan, motion to approve the option contract agreement for the replacement of Nottingham Bridge Road was made by Commissioner Mullin and seconded by Commissioners Tome and unanimously carried.

- RESOLUTION TO IMPLEMENT ATRUCK RESTRICTION ON RESERVOIR ROAD-

Upon recommendation of Director, Flanigan motion to approve the resolution to implement a truck restriction on Reservoir Road was made by Commissioner Hodge and seconded by Commissioner Tome and unanimously carried.

- INTRODUCTION - RESOLUTION TO CHANGE SPEED LIMIT ON PORTION OF RED TOAD ROAD FROM 35 MPH TO 45 MPH-

Director, Flanigan presented a resolution to the Board proposing to change the speed limit on a portion of Red Toad Rd, following the completion of a speed study that was performed.

This resolution will be placed on the Boards agenda for consideration at the Commissioners meeting on June 15, 2010.

- ORDINANCE NO. 2010-02; AMENDMENT TO THE CECIL COUNTY CODE OF PUBLIC LAWS CHAPTERS 134-COMMERCIAL REFUSE HAULERS; CHAPTER 228 SOLID WASTE DISPOSAL & CHAPTER A279 RECYCLING PLAN

Director Flanigan presented Ordinance No. 2010-02 to the Board and recommended the Commissioners act to approve ordinance 2010-02 as presented.

Commissioner Hodge made a motion that the Board post-pone the decision on Ordinance No. 2010-02, and to post-pone the Resolution for Solid Waste Fee Schedules, Commissioner Tome seconded, motion carried to postpone Ordinance 2010-02 and Resolution; Solid Waste Fee Schedules.

Ordinance 2010-2 and Resolution; Solid Waste Fee Schedules will be placed on the Boards agenda for consideration at the Commissioners meeting on June 15, 2010.

COMMISSIONER COMMENTS:

Commissioner Hodge commented this is a hot button issue with the public and the Commissioners want to get it right. The Commissioners want to spend sufficient time to cover all bases to make sure they have made no mistakes and to consider all the consequences of making these changes. It has been a long time coming and changes will be made.

Commissioner Mullin would like more time as well.

Commissioner Lockhart will abstain from the vote.

- BID AWARDED FOR RFP11-01; FOOD SERVICE PROGRAM-

Upon the recommendation of the Cecil County Detention Center Selection Committee the motion to approve RFP No. 11-01 to ABL Management Inc., in the amount of $351,595.00 as presented by County Administrator Wein, was made by Commissioner Hodge and seconded by Commissioner Tome and unanimously carried.

- BUDGET AMENDMENTS NOS. 136-137 –

Motion was made by Commissioner Tome, seconded by Commissioner Mullin and unanimously carried to approve Budget Amendment Nos. 136-137. 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 15, 2010 at 2:00 p.m. at the County Administration Building, 200 Chesapeake Blvd., Elkton, MD.

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

Approved:

_______________________________ ________________________________

Alfred C. Wein, Jr., County Administrator Brian L. Lockhart, President