Board of County Commissioners
Worksession Minutes
July 20, 2010

PRESENT: Commissioners Lockhart, Demmler, Mullin, Tome, and Hodge; County Administrator Al Wein, Public Works Director Scott Flanigan and staff; Planning and Zoning Director Eric Sennstrom and staff; Budget Manager Craig Whiteford; Executive Office Administrator Vicky Rinkerman; Council Norman Wilson; Sheriff Barry Janney and staff; Gary Bannon from EI Associates; Scott Pickford from Turner Construction; members of the press; and members of the public.

OPEN SESSION9:00 a.m.

Detention Center bid award recommendations – Budget Manager Whiteford reviewed the bid award process and the recommendations as stated on the Commissioners meeting agenda for July 20, 2010.

  • Bid No. 10-49; Cecil County Detention Center 
  • Bid 10-49A; General Trades
  • Bid 10-49B; Roofing
  • Bid 10-49C; Detention Equipment
  • Bid 10-49D; Mechanical
  • Bid 10-49E; Electrical
  • Bid 10-49F; Low Voltage
  • Bid 10-49G1; Reciprocating/Scroll Water Chillers
  • Bid 10-49G2; Modular Indoor Air Handling Units
  • Bid 10-49G3; Water Tube Boilers
  • Bid 10-49G4; Primary & Distribution Electrical Equipment
  • Bid 10-49G5; Emergency Generator and ATS Package
  • RFP 10-49H; Testing and Inspection

The bid awards total: $27,507,210, which is $777,790 less than the proposed project budget.  No local companies bid on the project; however, it is likely that local companies would be chosen as sub-contractors.   

Mr. Bannon stated that they met with Town of Elkton officials; however, they did not reach an agreement on the major facilities fee.  A representative from the company would be available for the afternoon meeting between Elkton officials and the Board.

Commissioner Hodge stated that the County offered to work in partnership with the Town of Elkton on the upgrades to their infrastructure.  He feels the Detention Center project is unique in scope, which should be taken under consideration by the Town when calculating the major facilities fee. 

Afternoon Meeting Agenda Review – Director Flanigan stated that Solid Waste Division staff would attend the afternoon meeting to assist with presenting the annual recycling awards.  

USDA Grant Fund Package – Director Flanigan stated that the grant requires a notice be published in the newspaper and the public given an opportunity to comment on the grant application.  The legal notice identified public comment would be heard at today's meeting relative to the grant. 

Director Sennstrom reviewed the following public hearings:

  • Master Water & Sewer Plan Text Amendment 3.2.11 Artesian Water Maryland, Inc.,-Summary: Amend text regarding changes to reflect water sources and means of conveyance from said sources to the County.  Amendment is relative to meet MDE requirements for Artesian Water, MD.  Planning Commission recommended approval.
  • Master Water & Sewer Plan Section 3.2.9 Port Deposit- Summary: Amend text to reflect the sale of the Town's water system to Artesian Water Maryland, Inc.  Planning Commission recommended approval.
  • Master Water & Sewer Plan Map Amendment- Summary: Amend the Master Sewer Service Area Map to reflect the changes resulting from the Carpenters Point Sanitary Sewer Project.  Planning Commission recommended approval.
  • Text Amendment of the Town of Rising Sun Master Sewer & Water Plan - Summary: Amend text to reflect requested changes to section 3.2.10 and  4.7.8.  The amendment would permit the Town of Rising Sun to move forward with an agreement to purchase water from the Chester Water Authority.  Planning Commission recommended approval.

Introduction Items:

Resolution – Budget Manager Whiteford reviewed the "housekeeping" changes to the Debt Policy and CIP Procedural Manual.

Commissioner Hodge stated that fees and charges collected by the County should be designated in the budget.  He feels this revenue should not be used for operating capital. 

Director Flanigan stated that there is an Attorney General opinion that states County user fees and benefit assessment fees are not permitted to be used for general operating expenses.  However, County operating funds have been used to support the capital expenditures for the enterprise funds.  He reported that he meets quarterly with his staff to review the enterprise funds financial reports and the revenue information is available in the report.

Action Items

Appointments – County Administrator Wein reviewed the appointments scheduled to be considered by the Board.

Rezoning Decisions – Director Sennstrom reviewed the rezoning applications scheduled to be considered by the Board.

Resolution River Bend Parkway – Director Flanigan stated that the resolution would officially set the speed limit within the County park, but would not change the speed limit on the portion of the County road prior to the Park entrance.     

Public Works Items

Director Flanigan stated that the State requires that the County adopt the Recycling Plan. 

Resolution for condemnation proceedings for Nottingham Road Bridge project – Director Flanigan stated that Counsel Wilson has advised that the Board needs to adopt a Resolution to initiate condemnation proceedings; however, staff intends to continue negotiations with the property owners to reach an agreement.  Counsel Wilson stated that the Resolution would be amended to include a detailed legal description of the property, as per Commissioner Hodge's request.

Bid awards – Director Flanigan reviewed the bid awards to be considered by the Board.

Budget amendments – Budget Manager Whiteford reviewed the budget amendments.  Director Flanigan stated that the bids for four culvert projects were more than the County's estimated cost.  Projects were prioritized and the culvert project on Jackson Station Road was earmarked for delay; however, there is bond funding available to replace the culverts in the FY 2011 budget. 

Discussion ensued regarding the budget amendment for the culvert project.                                                                                                                                                                                                                                                                                                                                          

The Board concurred to approve bond funds for the Jackson Station Road culvert project provided the project is vetted through the bid process again.

Commissioner Hodge stated that he would support the Rowland Bridge project with conditions. 

Commissioners Comments

Colora DES Project – Discussion ensued regarding the progress of the project.  County Administrator Wein stated that he would contact DES for an update.

Wastewater Rate Study - Commissioner Hodge stated that he would like the scope of the study to reflect the potential sale of assets to Artesian.  Director Flanigan stated that the consultants are going to provide other rate alternatives based on information provided by the County.  The additional information will be forwarded to assist the Board with policy revisions. 

WILMAPCO Meeting - Commissioner Mullin stated that he attended a WILMAPCO meeting and the Town of Elkton will be moving forward with plans to develop and install a bicycle route.

Meeting with Delaware Governor – Commissioner Hodge stated that the Board discussed mutual topics of interest with Delaware Governor Markell.  Commissioner Lockhart suggested that the Board schedule a meeting with the Governor of Pennsylvania.   

CLOSED SESSION 10:25 a.m. - On motion by Commissioner Tome, second by Commissioner Demmler, the Board convened to closed session pursuant to Maryland Annotated Code State Government 10-508(A) (1) Personnel; (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.   

The Board convened in closed session. 

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