Board of County Commissioners
Worksession Minutes
July 27, 2010

PRESENT: Commissioners Lockhart, Demmler, Mullin, Tome, and Hodge; County Administrator Al Wein, Public Works Director Scott Flanigan and staff; Eric Shertz from Planning and Zoning Department; Economic Development Director Vernon Thompson; Human Resources Director Donna Nichols; Emergency Services Director Richard Brooks and staff; Budget Manager Craig Whiteford; Council Norman Wilson; Executive Office Administrator Vicky Rinkerman; Sheriff Barry Janney; Charter Board members; members of the press, and members of the public.

OPEN SESSION

9:00 a.m.

Presentation of Charter – Joyce Bowlsbey, Chair of the Charter Board, presented copies of the proposed Charter of Cecil County to the Board with a recommendation for the ballot question for the November 2, 2010 election.  Charter Board members have conducted numerous meetings with various organizations throughout the County, responded to questions, and listened to comments from the public. 

Ms. Bowlsbey stated that a Friends for Charter political action group has formed to promote the Charter.  The Charter Board is not directly affiliated with the group; however, several members participate in the group.  The group is not in any way financed by County government.

Commissioner Hodge commented that the Commissioners cannot amend the Charter document.  He thanked the Charter Board for their dedication to this task. 

Stemmers Run Transfer Station – Director Flanigan stated that a determination has been made that site improvements need to done, or a decision made to relocate the facility.  He outlined the current services provided to residents at the transfer station. 

Solid Waste Chief Bieniek presented a proposal for revising the traffic pattern for the Stemmers Run Transfer Station.  The revisions are needed due to the new fee regulations, which change the interaction between citizens and staff.  The recommendation is to relocate several drop-off areas, and create one entrance and exit to the site.  Westbound traffic would not be permitted to turn left into the area.  Signs would be installed along the road informing the public of the change to the traffic pattern.  Approximately 1300 residents per month use the transfer station. 

Discussion ensued relative to the impact on residents with eliminating the left turn for westbound traffic.

Mr. Ken Cowley stated that he has used this facility for years and there are many safety concerns relative to the location of the facility and with the proposed changes.  Currently, the facility is open six days per week.  Reducing the number of days the facility is open would condense the traffic using the facility to fewer days and cause more traffic congestion.  He stated that citizens would not use the recommended detour in order to enter the facility from the eastbound lane.  Westbound traffic would go past the transfer station and turn around in the parking lot of an area business.  He feels that the problem is collecting the new fee from each person using the transfer station and not the current traffic pattern at the facility.  He suggested that the County consider examining ways to collect the fee that would not cause additional safety hazards for the public.   

Commissioner Hodge stated that he feels the citizens will reduce the number of trips to the transfer station because of the new fee.  He stated that he feels the speed limit needs to be enforced, and improvements made where possible along the roadway.   

Sheriff Janney stated that another consideration is weather conditions.  He recommended that the Board consider changing the traffic pattern at the facility after the tourism season.  If citizens get frustrated with the transfer station procedures, they will dump their trash along the road, or in other areas, which will cause enforcement issues.   

County Administrator Wein stated that the Board would discuss this issue in more detail before making a final decision on changing the traffic pattern at the transfer station. 

Chestnut Drive speed study – Director Flanigan stated that a study was conducted based on a citizen's complaint regarding speeding vehicles in the community, and request for the installation of speed bumps.  Mr. Muzik stated that Chestnut Drive is in the Winding Brook neighborhood, and he outlined the current traffic pattern in the community.  The traffic counter was located on Chestnut Drive for twelve days in April.  The speed limit is posted at 25 miles per hour.  The data indicates that eighty-five percent of the vehicles were traveling at 27.3 miles per hour or lower. 

Director Flanigan stated that the traffic counter data indicates that a large percentage of the vehicles travel within the posted speed limit. There is a need for traffic enforcement for the fifteen percent that travel above the posted speed limit.  The County does not have a traffic-calming program, which would provide alternatives to address speeding issues.

He continued outlining the ongoing CIP project that has repaved the majority of roads in the community.  There is one section of road remaining that will be repaved once the permit to replace the culvert has been secured.  Additionally, all of the parking areas in the community have been conveyed to the County and repaved also.

Ms. Sherman, resident on Chestnut Drive, stated that she is surprised by the results of the traffic study because she has witnessed speeding vehicles on Chestnut Drive.  Her concern is for the safety of the children in the neighborhood, but she agrees that the data indicates that the majority of vehicles travel within the range of the posted speed limit. 

Emergency Alert System MOU – Emergency Readiness Manager Amy LePore outlined the MOU relative to activating emergency broadcasts.  There is no cost to the County or resistance from the public stations to advertise the broadcasts.  The MOU formalizes the current procedures being used by DES, and acknowledges the changes in communication. 

The Board concurred to authorize County Administrator Wein execute the MOU for the Emergency Alert System.     

Director Brooks invited the Board to attend the announcement of Cecil County being designated as a "storm ready" County by the National Weather Service.

Request to introduce Appleton Road Bridge over CSX for bid award at the August 3, 2010 workession – Director Flanigan requested that the Board consider approving a bid award at the August 3, 2010 worksession due to project deadlines.  This would deviate from the current procedures with bid awards being approved at the Commissioners' formal monthly public meeting.

Counsel Wilson stated that the Board would be in compliance as long as the bid award would be advertised on the worksession agenda.

Draft Bids – Director Flanigan reviewed bid 11-15 for textile recycling and bid 11-16 for the painting of Bell Manor Road Bridge

Discussion ensued relative to the bid for the bridge project. 

The Board concurred to authorize Public Works to proceed with advertising the proposed bids as presented.

Town of Elkton response on reduction of major facilities fee – County Administrator Wein stated that Town officials responded to the County's request with a decision to defer fifty percent of the fee based on a period of evaluation from metered water usage over eight consecutive calendar quarters following completion of the project.   

Commissioner Hodge stated that he feels the terms of the agreement and evaluation needs to be clarified based on a pre-determined parameter.  There are no "ground rules" established to determine the conditions relative to water usage during the metered period.

Budget Manager Whiteford stated that the County has assumed that there will be no increase in water consumption. 

The Board concurred to authorize the construction management team for the Detention Center project to clarify the conditions of the agreement relative to the assessment and evaluation that will be used to determine if the County will pay additional major facility fees.  President Lockhart recognized the Town's willingness to negotiate and discuss the fee.

Girl Scouts Camp Conowingo proposed conservation easement purchase – County Administrator Wein stated that the Girl Scout Council of Central Maryland is interested in selling the development rights on their 582-acre (+/-) Camp Conowingo property.  The proposal requires a ten percent match from the County, and the property has been appraised for over 5 million. 

Eric Shertz from Planning and Zoning stated that there are two properties that have received approval under the County PDR program.  This proposal has not been ranked in the local PDR program.  The appraised value of the property is over 5 million, and the easement match would be ten percent of the appraised value. 

Commissioner Hodge stated that he does not agree with the appraised value of the property.  He feels the appraisal it too high based on current market conditions and property use. 

The Board directed County Administrator Wein to request a copy of the two property appraisals.  The Board deferred a decision on the proposed project at this time.   

Letter of support for Belle Hill Manor proposed affordable housing request for PILOT agreement – County Administrator Wein stated that the County has never approved a Payment in Lieu of taxes (PILOT) agreement for an affordable housing project.   

Counsel Wilson stated that the standard request approved is a letter of support and waiver of permit fees for this type of project. 

The Board concurred to authorize County Administrator Wein to send a letter of support for the local waiver of permit fees contribution for the project; however, the County will not provide a PILOT agreement.   

Commission on Aging Appointment – County Administrator Wein stated that a request has been made to add Susan Twigg to the Commission on Aging.  He confirmed that there is a vacancy on the Commission. 

The Board concurred to authorize County Administrator Wein to schedule the appointment for the Commission on Aging on the agenda for the August 17, 2010 public meeting.

Commissioners Comments

Worksession Minutes – Commissioner Hodge stated that he received a request from a resident to post the draft and approved worksession minutes on the County website.

Counsel Wilson advised the Board that for legal reasons, only approved worksession minutes should be posted to the website.  The Board concurred to authorize approved worksession minutes be posted to the County website. 

CLOSED SESSION 11:00  a.m. - On motion by Commissioner Demmler  second by Commissioner Mullin, 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.