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MINUTES OF THE BOARD OF COUNTY COMMISSIONERS MEETING
May 4, 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 an Administrative Function meeting on April 21, 2010 at 10:00 A.M., in the Elkton Room, Suite 2100, 200 Chesapeake Blvd., Elkton, MD. Present: Commissioners Demmler, Hodge, Mullin, Tome; Craig Whiteford, Budget Manager; Alfred C. Wein, Jr., County Administrator. Subject Matter: FY 2011 budget development.
The Board adjourned into an Administrative Function meeting on April 23, 2010 at 8:30 A.M., in the Elkton Room, Suite 2100, 200 Chesapeake Blvd., Elkton, MD. Present: Commissioners Demmler, Hodge, Mullin, Tome; Craig Whiteford, Budget Manager; Alfred C. Wein, Jr., County Administrator. Subject Matter: FY 2011 budget development.
The Board adjourned into a Closed Session on April 26, 2010 at 2:00 P.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) Personnel matters. Present: Commissioners Lockhart, Demmler, Tome, and Hodge; H. Norman Wilson, Counsel; Administrator Wein; Director Nichols. Topics of Discussion: Legal Advice pertaining to SB 731 and SB 726. Action Taken: Board directed counsel to provide cost estimates for the development of ordinance & other collective bargaining matters relating to SB 726 & 731. Meeting adjourned at 3:25 P.M.
The Board adjourned into a Closed Session at its work session on May 4, 2010 at 10:19 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; and (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 & Mullin; Administrator Wein; Budget Manager Whiteford; Director Thompson; Director Flanigan; Director Conway; Director Sennstrom; and Counsel Wilson; Larry Haislip Counsel. Topics of Discussion: Bainbridge Development Corporation (BDC) matters associated with county's proposed acquisition of Port Deposit wastewater system and proposal to abandon system and convey sewer to North East River Advanced Wastewater Treatment Plan. Action Taken: Board directed Director Thompson and Commissioner Tome to meet with BDC representatives relating to the Port Deposit sewer interceptor project. Meeting adjourned at 11:00 Noon. The Board reconvened at 11:45 A.M. Topics of Discussion: COPS Grant opportunity; Holloway Beach feasibility study proposal from Town of Charlestown. Action Taken: The Board directed Mr. Wein to draft a letter to Charlestown which reflects what the County can do to assist with this effort; Board approved of Sheriff making application for COPS grant – 2 positions.
The meeting of the Board of County Commissioners for Cecil County, May 4, 2010 was called to order by Commissioner Lockhart 7:00 p.m. and opened with the Pledge of Allegiance.
The following minutes were approved by the Board.
April 13, 2010 Worksession Minutes April 13, 2010 Closed Session Minutes April 13, 2010 Adoption of 2010 Comprehensive Plan April 20, 2010 Regular Board Meeting April 26, 2010 Closed Worksession Minutes April 27, 2010 Worksession Minutes
- COMMISSIONERS COMMENTS –
Commissioner Hodge – welcomed everyone in attendance.
Commissioner Tome – offered no comment.
Commissioner Demmler commented on the recent Delegation Breakfast she attended.
- CERTIFICATE OF RECOGNITION –
Commissioner Demmler on behalf of the Board of County Commissioners presented Rupert Rosetti of Port Deposit was presented a certificate of recognition for the "Bernie Fowler Award" he received.
- PROCLAMATION - NATIONAL SAFE BOATING MONTH –
Commissioner Mullin on behalf of the Board of County Commissioners presented members of the Coast Guard Auxiliary with a proclamation in honor of Safe Boating Month.
- PROCLAMATION – CORRECTIONAL OFFICER'S WEEK –
Commissioner Tome on behalf of the Board of County Commissioners presented Sheriff Janney and members of the Cecil County Detention Center in honor of Correctional Officer's week.
- PUBLIC HEARINGS -
- ANNUAL PROGRAM FOR FY 2011 CECIL COUNTY PARK LAND ACQUISITION & RECREATION FACILITY DEVELOPMENT –
Clyde Van Dyke, Director of Parks & Recreation presented the Annual Program for FY 2011 Cecil County's Plan for Park Land Acquisition and Recreation Facility. This plan outlines projects for park land acquisition and recreation facility development for Cecil County. Projects for FY 2011 consist of completion of Conowingo Park, Phase I, athletic field and parking area; and Cecil Sports Complex, Phase II Development baseball field and multi-purpose field at the Bard Cameron Complex.
COMMENTS SUPPORT/OPPOSITION:
None.
The Annual Program for FY 2011 Cecil County Park Land Acquisition & Recreation Facility Development will be placed on the Board of County Commissioners agenda at the May 18, 2010 meeting.
- ORDINANCE NO. 2010-02 AMENDMENTS TO CECIL COUNTY CODE, CHAPTER 134, COMMERCIAL REFUSE HAULERS; CHAPTER 228, SOLID WASTE DISPOSAL & CHAPTER A279 RECYCLING PLAN –
Scott Flanigan, Director of Public Works presented Ordinance No. 2010-02 which upon adoption by the Board of County Commissioners will amend Chapters 134; 228 and A279 of the Cecil County Code and the Solid Waste Disposal fee schedule. This ordinance is being proposed by the Department of Public Works in order to accomplish three objectives: Bring the county code up-to-date; provide more equitable means of funding solid waste disposal; and ensure that the landfill enterprise fund remains secure. The landfill tipping fee has not been increased since 2002 and the Cecil County Landfill is operating at a deficit. It is the recommendation of the Department of Public Works to continue an aggressive program to control costs to the maximum extent possible; increase the tipping fee schedule; defer non-essential capital projects; and consider changes to various policies that impact the landfill enterprise revenues.
Proposed amendments to Chapter 134 of the Cecil County Code entitled Refuse Haulers – adopted in 1970, makes the Cecil County Health Department responsible for the licensing of commercial refuse haulers, these regulations are currently not being enforced; proposed changes shifts the responsibility of licensing of refuse haulers to the Department of Public Works, and the enforcement of curbside recycling to Cecil County residents by commercial refuse haulers.
Chapter A279 would be repealed and the contents incorporated into Chapter 228
Chapter 228 Solid Waste Disposal offers significant changes to the operating policy of the Cecil County Solid Waste Division, including limiting the hours of operation at the Cecil County Transfer Stations; creation of a separate fee schedule for tipping fee waivers, proposing a ten percent increase in the tipping fee per ton $57.20 per ton; a separate increased fee for construction and demolition construction of $67.20 per ton; the elimination of the $15 per ton credit for green waste for licensed haulers and municipalities; implementation of tipping fee for commercial quantities green waste of $25 per ton; implementation of a fee for single stream recyclables at a market price; implementation of a fee for self-haulers of $5 per vehicle flat fee for homeowners who separate recyclables or $10 for homeowners who choose to not separate recyclables.
Commissioner Hodge commented that Section 134-3 source separate materials - licensing needs further clarification relating to scrap metal haulers.
Director Flanigan advised the Board of what the recyclable market is at today's market rate and the county's cost and of how the costs would be calculated if imposed.
Commissioner Hodge asked for clarification of section 134-3(g).
Director Flanigan stated that this section is intended to state that any existing contract between a municipality and hauler would supersede this proposed ordinance.
- PUBLIC COMMENT –
The following citizens appeared and voiced their concerns and opinions with the increase in the fee schedule and with proposed changes to the hours of operation Woodlawn and Stemmer's Run Transfer Stations. Additionally, many of the citizens who spoke were generally concerned that disposal of trash will begin to appear on county roadways if the proposed fee of $5 for recyclers or $10 for non-recyclers is imposed on Cecil County homeowners who self-haul.
Jay Rahn, Earleville, MD, presented a petition signed by residents opposing changes to the operation hours and recycling fees at the Stemmer's Run Transfer Station. Taylor Keen, Earleville, MD Gene Lloyd, Earleville, MD Walt Simonson, Elkton, MD Ron Francis, Town of Chesapeake City Robert Gell, President, Charlestown Frank Hill, Mayor of Chesapeake City Harry Hepbron, Rising Sun Ronald Rae, Elkton Cynthia Rosetti, Port Deposit, MD Ken Mossberg George Kaplan, Colora, MD Russ Prueitt Layton Swears, Earleville, MD Carolyn Jagers, Earleville, MD Robert Mayer
This matter will be placed on a future agenda of the Board of County Commissioners for consideration, date to be determined.
- PUBLIC COMMENT –
There was no public comment offered.
- INTRODUCTORY ITEMS –
- RESOLUTION – WINDING BROOK SPECIAL TAXING DISTRICT –
Administrator Wein introduced a resolution for the continuation of the Winding Brook Special taxing District, adopted by the Board in 2001; that upon approval, levies a fee of $205 per lot to pay for the cost of trash collection and mowing of common areas within the community of Winding Brook.
This resolution will be presented for the Board's consideration at the May 18, 2010 meeting.
- RESOLUTION - SOLID WASTE MANAGEMENT DIVISION FEE SCHEDULE –
Director Flanigan introduced the accompanying resolution to Chapter 228, Solid Waste Management Division Fee Schedule in accordance with the public hearing presented during this meeting for the operation, maintenance and repairs of solid waste disposal facilities, payment of principal and interest on bonds or loans, accumulation of funds for capital improvements, and the purchase of appropriate equipment necessary to the operation of the solid waste disposal facility.
This resolution will be presented at a future meeting of the Board of County Commissioners for consideration, date to be determined.
- ACTION ITEMS –
- RESOLUTION – MOSQUITO SPRAYING FEE SCHEDULE –
Administrator Wein presented the resolution introduced at the Board of County Commissioners' meeting on May 4, 2010 proposing an increase to the fee schedule for the mosquito spraying service that the county provides on a cost-share basis with the State of Maryland. Motion to approve the resolution as presented was made by Commissioner Mullin, seconded by Commissioner Hodge and unanimously carried to approval. A copy of the resolution is attached hereto and incorporated into these minutes.
- DEPARTMENT OF PUBLIC WORKS –
- ORDINANCE NO. 2010-01 – AMENDMENT TO THE CECIL COUNTY STORMWATER MANAGEMENT ORDINANCE, CHAPTER 251 –
Director Flanigan presented Ordinance No. 2010-01 Amendment to the Cecil County Stormwater Management Ordinance as presented during public hearing on December 15, 2009 and amended on April 20, 2010. The ordinance as presented will require further revisions as mandated by the Maryland General Assembly, but is recommended by the Department of Public Works to adopt the ordinance as mandated by Maryland Department of the Environment, with future minor revisions to follow.
Motion to approve the ordinance 2010-01 as recommended was made by Commissioner Demmler, seconded by Commissioner Mullin.
Commissioner Hodge moved to amend the motion to eliminate the provision to strike the 45 day requirement to re-submit the plan if it requires further amendment.
Commissioner Demmler amended the motion to strike the 45 day to resubmit the plan requirement. Commissioner Mullin seconded the motion.
Commissioner Hodge & Commissioner Demmler expressed concern about that requirement date of May 4, 2010 set forth by the Maryland Department of Environment and their failure to lengthen the time for revisions as a result of the emergency legislation that was passed relating to these regulations.
The motion carried unanimously.
A copy of this ordinance is attached hereto and incorporated into these minutes.
- DEED OF EASEMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND TOUCHSTONE PERRYVILLE, LLC –
Upon the recommendation of Director Flanigan, motion to approve a deed of easement between the Board of County Commissioners and Touchstone Perryville, LLC for construction and utility easements relating to the Carpenters Point Phase III project was made by Commissioner Hodge, seconded by Commissioner Tome and unanimously carried.
- INTRODUCTION OF A RESOLUTION TO DESIGNATE RESERVIOR ROAD TO "NO TRUCKS OVER ONE-TON EXCET LOCAL DELIVERIES –
This item was withdrawn by Director Flanigan and will be brought forward at a later date.
- OPTION CONTRACT – PROPERTY OF RICHARD D. MACKIE FOR REPLACEMENT OF BLAKE ROAD BRIDGE OVER LITTLE ELK CREEK –
Upon the recommendation of Director Flanigan, motion to approve the option contract for the property of Richard D. Mackie was made by Commissioner Hodge, seconded by Commissioner Tome and unanimously carried to approval.
- OPTION CONTRACT – PROPERTY OF MICHAEL L. DEAN FOR REPLACEMENT OF NOTTINGHAM ROAD BRIDGE OVER CSX RAILROAD–
Upon the recommendation of Director Flanigan, motion to approve the option contract for the property of Michael L. Dean for the replacement of Nottingham Road Bridge over CSX Railroad was made by Commissioner Hodge, seconded by Commissioner Demmler and unanimously carried to approval.
- CONTRACT AWARD – REPLACEMENT OF BRIDGE NO. XCE – 2009 LOMBARD ROAD OVER LITTLE NORTH EAST CREEK –
Upon the recommendation of Director Flanigan, motion to award a contract for the replacement of Bridge XCE– 2009 Lombard Road Bridge to Eastern State Highway Specialist in the amount of $349.596.60 was made by Commissioner Hodge, seconded by Commissioner Tome and unanimously carried to approval.
- RECOMMENDATION FOR AWARD, RFP 10-10 – BANKING SERVICES –
Administrator Wein presented the recommendation of Treasurer Howard and staff for banking services for the following components: Lockbox Services & General Operating Account Bank Services to Columbia Bank for Lockbox Services & PNC Bank for General Operating Account Bank services. The third component, Credit Card/Accounts Payable is under review and will be submitted at a later time.
Motion to approve the recommendation for RPF 10-10 Banking Services as outlined in the recommendation was made by Commissioner Hodge, seconded by Commissioner Demmler and unanimously carried.
- BUDGET AMENDMENT NOS. – 119 - 124 -
Motion to approve Budget Amendment Nos. 119 - 124 was made by Commissioner Tome, seconded by Commissioner Mullin and unanimously carried. 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 May 18, 2010 at 7:00 p.m. at the Charlestown Fire Co., 307 Market Street, Charlestown, MD.
There being no further business of the County Commissioners, the meeting was adjourned
MINUTES OF THE BOARD OF HEALTH May 4, 2010
The Cecil County Board of Health met at the County Administrative Building, 200 Chesapeake Blvd., Elkton, Maryland on Tuesday, May 4, 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 full Board.
Health Officer Garrity announced that the month of May is Mental Health Awareness Month and advised all citizens of the PAC Program at the Cecil County Health Department. This program provides assistance to adults with limited, qualifying income access to Health Care. The Cecil County Health Department's wet season soil testing, through the Department of Environmental Health will continue through the next several weeks weather permitting and applications are currently being accepted. The Cecil County Health Department will be hosting a Rabies Clinic on Saturday, May 8 at the Water Witch Fire Company in Port Deposit. Dogs, cats and ferrets will be provided with vaccine for a nominal fee of $7.
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