MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

September 21, 2010

The Board of County Commissioners for Cecil County met in regular session at the Town of Port Deposit Town Hall, 64 South Main Street, Port Deposit, MD. The following members of the Board were present:

• Brian L. Lockhart, President
• Rebecca J. Demmler, Vice President
• Wayne L. Tome, 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 September14, 2010 at 10:25 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 legal counsel to obtain legal advice; (9) Conduct collective bargaining negotiations or consider matters that relate to the negotiations; (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, Hodge, Tome, and Mullin; Administrator Wein; Budget Manager Whiteford; Sheriff Janney; Major George Tarr; Chief Deputy Larry Meusel; Office Executive Administrator Vicky Rinkernman and Counsel Wilson. Topics of Discussion: Personnel Matters-requests to fill, Bainbridge Developer matters, Detention Center legal matters, Draft collective bargaining ordinances. Actions Taken: The Board approved four requests to fill positions; Discussed Bainbridge developer matters, Detention Center legal matters and draft collective bargaining ordinances.

The Board adjourned into a closed session at its work session on September 21, 2010 at 11:15 a.m. Motion was made by Commissioner Mullin, seconded by Commissioner Tome, and unanimously carried pursuant to MD Annotated Code – State Government 10-508 (a) (1) Personnel Matters; (7) Consult with Counsel to obtain legal advice; (9) Conduct collective bargaining negotiations or consider matters that relate to the negotiations. Present: Commissioners Lockhart, Demmler, Hodge, Tome, and Mullin; Administrator Wein; Office Executive Administrator Rinkerman and Counsel Wilson. Topics of Discussion: Contract matters relating to Elk River Park improvements and Collective Bargaining draft ordinance discussion. Actions Taken: The Board authorized Mr. Wilson to present the proposed settlement agreement to Baltimore Pile Driving and Marine Construction, Inc.; Authorized release of draft collective bargaining ordinances to Fraternal Order of Police and Department of Emergency Services for their review.

The Board of County Commissioners for Cecil County met in regular session at the Port Deposit Town Hall, 64 South Main Street, Port Deposit, MD.

The meeting of the Board of County Commissioners for Cecil County, September 21, 2010 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.

September 7, 2010 closed worksession minutes were approved as amended by Commissioner Hodge.

• o August 17, 2010 Board of Health Meeting Minutes
• o August 17, 2010 Worksession Minutes
• o August 17, 2010 Closed Worksession Minutes
• o August 31, 2010 Worksession Minutes
• o August 31, 2010 Closed Worksession Minutes
• o September 7, 2010 Worksession Minutes
• o September 7, 2010 Closed Worksession Minutes
• o September 7, 2010 Board of Health Minutes
• o September 7, Commissioner Meeting Minutes

Motion to approve the minutes was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried to approve.

- COMMISSIONERS COMMENTS –

Commissioner Mullin thanked the Town of Port Deposit for the use of their facilities.

Commissioner Demmler thanked the Town of Port Deposit for the use of their facilities.

Commissioner Tome thanked the Town of Port Deposit for the use of their facilities and welcomed the Commissioners to Port Deposit.

Commissioner Lockhart thanked the Town of Port Deposit.

- TREASURER's REPORT-

Pamela Howard, Cecil County Treasurer, presented the monthly cash report as of August 31, 2010. A copy of this report is attached hereto and incorporated into these minutes.

- PUBLIC HEARINGS –

- AMENDMENT TO MASTER WATER & SEWER PLAN; CESCO UTILITIES –

Eric Sennstrom, Director of Planning and Zoning presented proposed water and sewer plan text amendment in section 3.2.2 and 4.1.2 regarding the extension of water and sewer lines to the W.L. Gore plant, Kenmore Elementary School, Cherry Hill Middle School, Cecil Manor Elementary School, the Village of Cherry Hill, and parcels 90, 102, 244, and 559 on tax map 21. The proposed amendments also revise the Water Service Area Map and Sewer service area map to show parcels 90, 102, 244 and 559 as W-2 and S-2 service areas.

COMMENTS SUPPORT/OPPOSTION:

Bob Coleman, representing W.L. Gore spoke in favor of the proposed text amendment.

Eric Sennstrom, Director of Planning and Zoning presented a letter of support from Mike Pugh who represents Corridor Land Service in Elkton, MD.

The decision in this matter will be placed on the Board's agenda for consideration at the October 5, 2010 meeting.

- AMENDMENT TO MASTER WATER & SEWER PLAN; TOWN OF CHESAPEAKE CITY –

Eric Sennstrom, Director of Planning and Zoning presented a request from the Town of Chesapeake City to revise the text in Section 3.2.4 and Section 4.1.4 regarding the extension of water and sewer lines from the Town to the Bohemia Manor School complex.

COMMENTS SUPPORT/OPPOSTION:

Frank Hill, Mayor of Chesapeake City spoke in support of the revised text amendment and thanked the Commissioners for considering the request.

The decision in this matter will be placed on the Board's agenda for consideration at the October 5, 2010 meeting.

- PUBLIC COMMENT-

Robert Powell, thanked the Commissioners and Patrick Conway for their work on Chapter 211 Electrical Standards. Mr. Powell commented he supported the much needed changes and he looked forward to working with the County as this continues to grow to protect the citizens of Cecil County.

- ACTION ITEMS-

- DECISION; SENIOR SERVICES & COMMUNITY TRANSIT FARES -

Alfred C. Wein, Jr., County Administrator presented to the Board the following recommended fare changes to the Department Senior Services of Community and Transit. Glasgow Bus, Senior/Disabled increase from .75 to $1.00, Glasgow Bus, General Public, increase from $1.50 to $2.00. Perryville Bus, Senior/Disabled decrease from $1.50 to $1.00, Perryville Bus, General Public, decrease from $3.00 to $2.00. C.T. Cruiser to the Senior Center increase from .75 to $1.00. Paratransit Deviated Fixed Route increase from $3.00 to $4.00. New fare structure would take affect October 1, 2010.

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

- LEASE AGREEMENT; BETWEEN THE HISTORIC ELK-LANDING FOUNDATION INC., AND THE BOARD OF COUNTY COMMISSIONERS-

Alfred C. Wein, Jr., County Administrator introduced a lease agreement between the Historic Elk-Landing Foundation Inc., and the Board of County Commissioners. The request for the lease is due to the public improvement project at the Cecil County Detention Center. The portion of land requested would be for the purpose of temporarily storing equipment and materials for the project.

- COMMISSIONER COMMENTS –

Commissioner Mullin thanked the Historic Elk Landing Foundation, Inc., for working with the County.

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

- RESOLUTION; LANDFILL REFUNDING BOND – SERIES 2010-

County Administrator Alfred C. Wein, Jr., presented a resolution relating to Landfill Refunding Bond, Series 2010. The resolution will authorize the County Commissioners of Cecil County to refund this previous landfill project financing that was transacted between the Board and the Maryland Environmental Services.

Sam Ketterman of Davenport & Company LLC. presented to the Commissioners his recommendation of Sun Trust for the Landfill Refunding Bond Series 2010, at a 1.90% interest rate saving the County $283,000.00.

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

- ORDINANCE 2010-08; AMENDMENT TO THE CECIL COUNTY CODE –CHAPTER 240-RENTAL HOUSING MAINTENANCE & OCCUPANCY-

Patrick Conway, Director of Permits and Inspections presented Ordinance's 2010-08 to the Board. The proposed ordinance in conjunction with and in adherence to Public Safety Article 12-203, Annotated Code of Maryland, Title 5 Department of Housing and Community Development, Subtitle 02 Building and Materials Code, Chapter 03 Minimum Livability Code as adopted by the State of Maryland.

- COMMISSIONERS COMMENT –

Commissioner Hodge commented that thankfully Cecil County does not have a big problem with noncompliant landlords, but that he could see the only way to get a bad landlord to follow the rules would be to face the consequences of jail time if the violation is not corrected.

Motion to approve the ordinance 2010-08 was made by Commissioner Tome, seconded by Commissioner Mullin and unanimously carried to approve. A copy of this Resolution is attached hereto and incorporated into these minutes.

- ORDINANCE 2010-06; AMENDMENT TO THE CECIL COUNTY CODE CHAPTER 211- ELECTRICAL STANDARDS, ADMINISTRATION AND INSPECTIONS-

Patrick Conway, Director of Permits and Inspections presented Ordinance 2010-06 to the Board for their consideration. The proposed ordinance would put in place a Board of Electrical Examiners that would then implement rules, regulations and fees as to electrical standards and inspections in the County.

- COMMISSIONERS COMMENT –

Commissioner Mullin thanked Director Conway for his hard work.

Commissioner Hodge commented they will work on this as it comes and he will look to the Electrical Board to fill in the blanks. Commissioner Hodge feels this is to protect the citizens of Cecil County.

Motion to approve the ordinance 2010-06 was made by Commissioner Tome, seconded by Commissioner Hodge and unanimously carried to approve. A copy of this Resolution is attached hereto and incorporated into these minutes.

- RESOLUTION; DESIGNATION OF ELECTRICAL INSPECTION AGENCY –

Patrick Conway, Director of Permit and Inspection presented a resolution as outlined in Chapter 211-25 of the County Code to designate an inspection agency within the County to perform electrical inspection. Director Conway recommended designating Bay Area Inspection Agency as the approved electrical inspection agency for Cecil County.

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

- RESOLUTION; ESTABLISHMENT OF ELECTRICAL PERMIT FEES –

Patrick Conway, Director of Permits and Inspections presented a resolution as outlined in Chapter 211-26, Cecil County Code the Board of County Commissioners are authorized to levy various fees, licenses and taxes within Cecil County.

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

- APPOINTMENTS –

Patrick Conway, Director of Permits and Inspections recommended the following appointments to the Electrical Board. Terms are effective October 1, 2010.

• · Joe Johnson, Owner of Current Electric, term of one year
• · Steve Moon, Owner of Moon Services, term of one year
• · Richard M. Lebrun, Jr., President of Quantum Controls, term of two years
• · Randy Spencer, Owner RGS Electric, term of two years
• · Donald Hicks, Fireman's Association, term of two years
• · Edward J. Harrison, Project Manager at M. Davis & Sons, term of three years
• · Charles McCoy, McCoy Builders, term of three years

Motion to approve the appointments was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried to approve.

- DEPARTMENT OF PUBLIC WORKS-

- PERMANENT UTILITY EASEMENT; CALVIN & SANDRA ARFLIN, CONESTOGA STREET AND CECIL STREET, CHARLESTOWN, MD –

Director Flanigan made a recommendation to approve the Permanent Utility Easement to obtain a permanent utility easement over, across and under Grantors property for purposes of operating, using inspecting, replacing, removing and repairing of sewer lines and pipes, manholes and appurtenances located on the Grantors property.

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

- OPTION AGREEMENT; WILLIAM B. STREET & MARY ANN STREET- 530 RAGAN ROAD CONOWINGO, MD., FOR REPALCEMENT OF CALVERT ROAD BRIDGE-

Director Flanigan made recommendation to approve the Option Agreements to obtain fee simple right way for the replacement of Calvert Road Bridge.

- PUBLIC SERVICE ANNOUCEMENT-

Director Flanigan announced the Department of Public Works; Solid Waste Division will host the Fall House Hold Hazardous Waste Day at the Cecil County Central Landfill on October 17, 2010. The Cecil County Sheriff's Office will also be there to accept any unwanted, unneeded or expired medications.

Motion to approve the Option Contract was made by Commissioner Demmler and, seconded by Commissioner Tome and unanimously carried to approve.

- BUDGET AMENDMENTS NOS. 21 – 23

Motion to approve Budget Amendments No's 21-23 was made by Commissioner Tome and, seconded by Commissioner Hodge and unanimously carried to approve. A copy of the Budget Amendments are attached hereto and incorporated into these minutes.

The next regular meeting of the Board of County Commissioners will be on October 5, 2010 at 7:00 p.m. at the County Administration Bldg., 200 Chesapeake Blvd., Elkton, MD.

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