MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

September 7, 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
• 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 August 31, 2010 at 11:00 a.m. Motion was made by Commissioner Demmler, seconded by Commissioner Mullin, and unanimously carried pursuant to MD Annotated Code – State Government 10-508 (a) (7) Consult with legal counsel; (10) Discuss public security, if the public body determines that public discussion would constitute a risk to the public or to public security, including: (i) the deployment of fire & police services and staff; and (ii) the development & implementation of emergency plans; (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; Director Sennstrom; Director Brooks; Office Executive Administrator Vicky Rinkernman and Counsel Wilson. Topics of Discussion: Proposed Meeting with Mayor and Commissioners of the Town of North East, Emergency Plans, Indian Acres deed regarding fulltime occupancy regarding Mr. and Mrs. Thompson; Request to fills. Actions Taken: Directed Administrator Wein to advise North East regarding timing of next meeting, Board approved addition of Mr. and Mrs. Thompson's to Indian Acres current list. Board approved three requests to fill positions.

The Board adjourned into a closed session at its work session on August 17, 2010 at 10:35 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) (3) Consider the acquisition of real property for public purpose and matters directly thereto; (7) Consult with Counsel to obtain legal advice. Present: Commissioners Lockhart, Demmler, Hodge, Tome, and Mullin; Administrator Wein; Director Sennstrom; Director Thompson; Director Nichols; Director Flanigan; Office Executive Administrator Rinkerman and Counsel Wilson. Topics of Discussion: Nottingham Bridge Road acquisition update; Misc legal matters; Possible Southern Transfer station locations. Actions Taken: Director Flanigan briefed the Board on Nottingham Road Bridge easement acquisition progress; Staff will investigate possible transfer station sites.

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, September 7, 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.

• August 17, 2010 Commissioner Meeting Minutes

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

- COMMISSIONERS COMMENTS –

Commissioner Hodge commented that he attended a bus tour for Aberdeen Proving Ground and was impressed with the development and stated it will have an impact in our Region. The Commissioners attended a tour of the Court House and were pleased with the project. Cecil College had a ribbon cutting at the Physical Education Complex, and the Commissioners attending a ground breaking for the Detention Center renovations.

Commissioner Tome commented the Commissioners attended a ribbon cutting for Winch Road Bridge. He also stated the County has replaced ten major bridges in four years which greatly improves public safety.

Commissioner Mullin commented that while on the tour at the detention center he was shocked to see so many young people incarcerated.

Commissioner Lockhart reminded everyone to take advantage of the early voting that was occurring at the County Administration Building.

- PROCLAMATION –

Commissioner Tome presented a proclamation to Health Officer Stephanie Garrrity, John Bennett, Chair of Cecil County Alcohol & Drug Council and Kenneth Collins, Director of Cecil County Health Department Alcohol & Drug Recovery Program to recognize National Alcohol and Drug Addiction Recovery Month.

- PUBLIC HEARINGS –

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

Patrick Conway, Director of Permits and Inspections presented Ordinance 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.

COMMENTS SUPPORT/OPPOSTION:

Norman Wehner, North East, MD commented while he supports the updates he feels the need to ask for more time to meet with Director Conway to work on areas of concern before the ordinance goes before the Board for final vote.

Commissioner Demmler asked Director Conway if he would be willing to delay the vote on the ordinance.

Director Conway commented the ordinance has been in the works for nine months, and the last he heard anything from Mr. Wehner was June 1^st.

Norman Wehner commented he spoke with Dave Mahaney of the Housing Department who stated he worked on the first ordinance that was passed and it had many mistakes.

Commissioner Demmler asked how much more time Mr. Wehner was looking for.

Mr. Wehner stated he would like a month.

The decision in this matter will be placed on the Board's agenda for consideration at the September 21, 2010 meeting.

- PUBLIC COMMENT-

June S. Reasin, 630 Conowingo Rd, MD, commented against the resolution to amend the Post Retirement Plan Document for Eligible Retirees of Cecil County Government, Cecil College, and Cecil County Public Library.

Mike Travers, 25 Flint Dr, North East, asked that the Commissioners consider changing the benefit assessment for the Route 40 Pumping Station.

- INTRODUCTORY ITEMS-

- 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.

The decision in this matter will be placed on the Board's agenda for consideration at the September 21, 2010 meeting.

- 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 issue and sell its general obligation bond.

The decision in this matter will be placed on the Board's agenda for consideration at the September 21, 2010 meeting.

- ACTION ITEMS-

- LEASE AGREEMENT; NORTH EAST COMMUNITY PARK-

County Administrator Alfred C. Wein, Jr., presented a lease agreement between the Town of North East and the Board of County Commissioners. The Lease is for the excess parking for the BASS Master Open Series Tournament for a term of three days beginning the 16^th day of September, 2010, and ending on the 18th day of September, 2010, for the rental of $1.00 per day.

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

- RESOLUTION; CECIL COUNTY FIRE COMPANIES-REPLACEMENT VEHICLES & EQUIPMENT-

Alfred C. Wein, Jr., presented the resolution establishing the Replacement Vehicles and Equipment program for FY 2011 for the volunteer fire companies. The Board appropriated $750,000.00 in FY 2011 for this program.

Motion to approve the resolution 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.

- RESOLUTION; TO AMEND THE POST RETIREMENT PLAN DOCUMENT-FOR ELIGIBLE RETIREES OF CECIL COUNTY GOVERNMENT, CECIL COLLEGE & CECIL COUNTY PUBLIC

LIBRARY-

Alfred C. Wein, Jr., County Administrator presented a resolution to amend the current plan document for eligible retirees of the Cecil County Government, Cecil College, and Cecil County Public Library. The requirement that is being proposed to be removed is that employees must be in the plan the immediate five years prior to retiring. The Health Advisory Committee recommends approval of the change.

COMMISSIONER COMMENTS-

Commissioner Hodge commented that he listened to the professionals and was assured this would not cost the County any additional money. He stated if he found out that it will cost the County additional money he would be the first in line to change it back.

Commissioner Demmler Commented that she agreed with Commissioner Hodge.

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

- FRANCHISE AGREEMENT; CHESAPEAKE UTILITIES CORPORATION-NAUTRAL GAS & PROPANE DISTRIBUTION SERVICES-

Alfred C. Wein, Jr., County Administrator, presented a Franchise Agreement between the Board of County Commissioners and Chesapeake Utilities Corporation. The Commissioners are empowered to grant such franchise agreement per Maryland Annotated Code 3.D, Article, 25. This would be a non-exclusive franchise for a term of fifty years.

COMMISSIONER COMMENTS-

Mr. Wilson of Chesapeake Utilities Corporation thanked the Commissioners and the offices of Economic Development and Planning and Zoning and stated he looked forward to have the opportunity to work with Cecil County.

Commissioner Hodge asked if they had a time line on when the pipe will go in the ground.

Mr. Wilson stated they were still working on a time line.

Commissioner Hodge stated he looks forward to working with them.

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

- APPLICATION TO RE-NAME A PRIVATE ROAD –

Eric Sennstrom, Director of Planning and Zoning presented an application filed by Paul and Laurie Heller to re-name Williams Lane and a portion of Academy Lane to Farm Hill Lane, Chesapeake City, MD. A Public Hearing regarding the request was held on August 17, 2010.

Motion to approve the application was made by Commissioner Tome, seconded by Commissioner Mullin and unanimously carried to approve.

- DEPARTMENT OF PUBLIC WORKS-

- OPTION AGREEMENTS; FOR REPALCEMENT OF CALVERT ROAD BRIDGE-

a) Michael C. Smiley, 497 Ragan Road, Conowingo, MD

b) Amy P. Overly & Larry Cole, Life Estate, 630 Ragan Road, Conowingo, MD

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

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

- BID AWARD NO. 11-16-52635-PAINTING OF BRIDGE CE 0002; BELL MANOR ROAD OVER CONOWINGO CREEK-

Director Flanigan made a recommendation to approve Bid Award No. 11-16-52635 painting of Bridge CE 0002 which carries Bell Manor Road over Conowingo Creek.

Motion to approve Bid Award No. 11-16-52635 to Marinis Brothers, Inc., in the amount of $160, 926.75 was made by Commissioner Tome, and seconded by Commissioner Mullin and unanimously carried to approve.

- BID AWARD NO. 11-15; TEXTILE TRANSPORTATION & RECYCLING-

Director Flanigan made a recommendation to approve Bid Award No. 11-15 to Dumont Export Corporation contingent upon final execution of all required documents.

Motion to approve Bid Award No. 11-15 to Dumont Export Corporation was made by Commissioner Hodge, and seconded Demmler and carried unanimously carried to approve.

- PUBLIC SERVICE ANNOUCEMENT-

Director Flanigan announced the Department of Public Works; Solid Waste Division will host 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.

- BID AWARDS-

- RFP #11-03; DESIGN, PERMIT & CONSTRUCT BUS CANAPIES & FUEL SYSTEM AREA-

Alfred C. Wein, Jr., County Administrator presented to the Board for their consideration RFP #11-03.

Motion to approve RFP #11-03 to Decker Contracting in the amount of $409,086.00 was made by Commissioner Mullin, and seconded by Commissioner Demmler and unanimously carried to approve.

- BUDGET AMENDMENTS NOS. 17 – 20 -

Motion to approve Budget Amendments No's 17-20 was made by Commissioner Demmler and, seconded by Commissioner Tome 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 September 21, 2010 at 7:00 p.m. at the Port Deposit, Town Hall 1 East Main Street, Port Deposit, and MD.

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

MINUTES OF THE BOARD OF HEALTH

September 7, 2010

The Cecil County Board of Health met at the County Administrative Building, 200 Chesapeake Blvd., Elkton, Maryland on Tuesday, September 7, 2010. 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 majority Board.

Ms. Garrity advised the Board September is National Preparedness Moth. She expressed the importance for citizens to take steps to prepare for unexpected emergencies in their home, businesses, and communities. Information on the steps you can take to prepare available in a brochure as well as on the Cecil County Health Department website.

Ms. Garrity updated the Board on the 2010-2011 Seasonal Flu. The Health Department expects delivery of the vaccine in September or October. When the vaccine is delivered, Health Department clinics will be scheduled. The information will be posted to the website and announced through other local media. She encourages citizens to check with primary care doctor or pharmacists for availability.

The Health Department will hold a Rabies Vaccination Clinic on Saturday, October 2, 2010 for dogs, cats, and ferrets. The fee if $7.00 per animal.

Ms. Garrity along with John Bennett, Chair of Cecil County Alcohol & Drug Council and Kenneth Collins, Director of Cecil County Health Department Alcohol & Drug Recovery Program accepted a proclamation on behalf of the National Alcohol and Drug Addiction Recovery Month.