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COMMISSIONERS MEETING September 16, 2008
The Board of County Commissioners for Cecil County met in regular session at VFW, 520 Susquehanna River Road, Port Deposit, MD. The following members of the Board were present: William C. Manlove, President Mark H. Guns, Vice President Rebecca J. Demmler, Commissioner Brian Lockhart, Commissioner Wayne L. Tome, Sr., Commissioner Constituting a full Board. The Board adjourned into a closed session at its work session on September 9, 2008 at 10:00 A.M., motion was made by Commissioner Tome, seconded by Commissioner Lockhart and unanimously carried pursuant to the State Government, Annotated Code of Maryland 10-508 (a) (1) personnel matters; (7) legal advice and (14) negotiations.
The Board adjourned into a closed session at its work session on September 16, 2008 at 10:00 A.M., motion was made by Commissioner Tome, seconded by Commissioner Lockhart and unanimously carried pursuant to the State Government, Annotated Code of Maryland 10-508 (a) (1) personnel matters; (7) legal advice and (14) negotiations.
The meeting of the Board of County Commissioners for Cecil County, September 16, 2008 was called to order by Commissioner Manlove at 7:00 p.m. and opened with the Pledge of Allegiance.
The minutes from the September 2, 2008, meeting; were unanimously approved.
The minutes from the September 2, 2008 meeting of the Board of Health meeting were unanimously approved.
-COMMISSIONERS' COMMENTS-
The Board welcomed the audience to Port Deposit.
- TREASURER'S REPORT -
Pamela Howard, Treasurer for Cecil County, presented the cash report for the period ending August 31, 2008. A copy of this report is attached hereto and incorporated into these minutes.
- PROCLAMATION - CONSTITUTION WEEK -
The Board presented a proclamation to Carolyn Mathias in honor of "National Constitution Week", the week of September 17 - 23, 2008.
- PUBLIC HEARINGS -
- PROPOSED REVISIONS TO CHAPTER 228 SOLID WASTE DISPOSAL, SECTION 228-25.F (4) OF THE CECIL COUNTY CODE - HANDLING OF TIRES -
Scott Flanigan, Director, Department of Public Works, presented proposed revisions to Chapter 228 of the Cecil County Code, specifically Section 228-25.F.(4) amending language relative to the handling/disposal of tires in the Cecil County Landfill as follows:
[Commercial refuse haulers and other landfill customers delivering waste to the working face for disposal are responsible for ensuring that their loads do not contain tires or other prohibited items. In the event a commercial refuse hauler or other landfill customer's load contains tires, the tires will be removed from the area of the working face by landfill personnel and set off to the side. The operator will be notified by the spotter or at the landfill scale house that they had tire(s) in their load and will be given the option of immediately returning to the landfill working face to retrieve and properly dispose of the tires. If the operator retrieves the tire(s) for proper disposal, they will be charged a tire recovery fee of $25.00 per tire, in addition to being billed at the rate of $52.00 per ton for the entire load. If the operator refuses or fails to retrieve the tire(s), then they will be charged at the tire-mixed-with-refuse rate ($200/ton) for the entire load.]
The proposed ordinance will placed on the Board's agenda at their October 7, 2008 meeting for consideration.
COMMENTS SUPPORT/OPPOSITION - None.
- PROPOSED REVISIONS TO CHAPTER 209 OF THE CECIL COUNTY CODE -
Alfred C. Wein, Jr., County Administrator, presented the Board with the proposed revisions to Chapter 209 of the Cecil County Code. These revisions in cooperation with the Cecil County SPCA, the Treasurer and staff include new definitions for Exotic Animals; Animal Rescue Shelters and revised definitions for Kennel and Public Nuisance Animal.
The revisions also include an increase for redemption fees as reflected in 209-8 and 209-9; for unvaccinated animal biting a human or domestic animals; failure to license; tags & collars; restraint and shelter; room and board for animals and unattended females in heat.
Included in the Ordinance is a new definition for "Kennel," which is defined as: Any person, group of persons, association or corporation engaged in the business of breeding, buying, selling, boarding, grooming or training of customary household pets for compensation. All equipment on the premises used in the operation of such activities shall be deemed as part of the kennel. Private individuals not engaged in the business of breeding, buying, selling, boarding, grooming or training of customary household pets for compensation may not obtain a kennel license.
Nancy Schwerzler, representing the SPCA addressed the Board and recommended additional revisions.
The proposed ordinance will be placed on the Board's agenda at October 7, 2008 meeting for consideration.
COMMENTS SUPPORT/OPPOSITION:
Mindy Carolotti, Perryville, MD - commented relating the definition of "kennel" and "backyard breeders".
Christy Lowe - commented about classified advertising "animals for sale" and whether or not these ads would be monitored and enforced.
Ronald and Clara Love, Port Deposit, MD - commented about animal nuisance within their neighborhood.
Sharon Weygand - commented about the definition of "kennel".
Cailey Locklair, Delegate Smigiel's Office - commented about the proposed legislation and letters forwarded to the Board by Delegate Smigiel on 9/11/08 and 9/16/08 offering recommendations to enhance the proposed legislation.
Jerry Hawkins, SPCA - commented about state laws relating to animal cruelty and the limitations of the SPCA to enforce them.
Arthur Fischer - commented about the animal nuisance laws and the inability of citizens to enforce them without going to court.
Jeannette Hillyard - commented in support of protecting animals in Cecil County.
Dottie Mazzone, Earleville - commented in support of animal nuisance enforcement in Cecil County.
- PUBLIC COMMENT -
Nancy Schwerzler, SPCA commented about the proposed ordinance and revisions to Chapter 209.
George Kaplan, 35 Oak Street, Elkton, MD - thanked the Commissioners for proposed amendment to the franchise agreements for water and wastewater services that will be presented this evening.
- INTRODUCTORY ITEMS -
- AMENDMENT TO FRANCHISE FOR WATER AND WASTEWATER SERVICES -
Larry Haislip, special counsel to the Board, presented the proposed Amendments to Franchise Agreements for Water and Wastewater Services with Artesian Wastewater Maryland, Inc., and Artesian Water Maryland, Inc., for the purpose of amending Section 6.2 of each agreement to provide that conforming amendments to the County Master Water and Sewer agreement plan shall not be made automatically by the County and relevant Franchisee at the time of expansion of the Franchise Area to include the expansion area described in Exhibit A, Part II of each Franchise Agreement; but that instead any amendments to the County Master Water and Sewer Plan, in the area described in Exhibit A, Part II of each Franchise of each Franchise Agreement, shall be made only upon application, and otherwise in accordance with the procedures for amendment as set forth in the Master Water and Sewer Plan and other applicable County law.
- PROPOSED SALE AND TRANSFER OF MEADOWVIEW, PINE HILLS, HARBOURVIEW AND ROUTE 7 WATER SYSTEMS & PROPOSED SALE AND TRANSFER OF CHERRY HILL, MEADOWVIEW, HIGHLANDS AND HARBOURVIEW WASTEWATER SYSTEMS - DEFINITIVE AGREEMENTS - ASSET PURCHASE AGREEMENTS -
Mr. Haislip, presented the Asset Purchase Agreements for the proposed sale and transfer of the Meadowview, Pine Hills, Harbourview and Route 7 Water Systems and the proposed sale and transfer of the Cherry Hill, Meadowview, Highlands and Harbourview Wastewater systems definitive agreement with Artesian Water Maryland, Inc., and Artesian Wastewater Maryland, Inc.
The asset purchase agreements contemplate the sale and conveyance of the defined Purchase of Assets to the relevant Buyer, for a value equal to the County's Net Asset Value with respect to those assets, calculated as of the Closing Date. The purchase agreements contemplate that closing for the sale and conveyance of the Purchased Assets will occur on or before June 30, 2009.
The Purchased Assets with respect to the Meadowview Wastewater Treatment Plant are presently subject to agreements restricting transferability, pursuant to the tax-exempt Cecil County Sanitary District Bond, Series 2004B (the "Meadowview Bond"), as payable under the loan Agreement dated October 12, 2004B by and between the Maryland Water Qualify Financing Administration and the County and the related not. The Meadowview - Highlands Asset Purchase Agreement contemplates several alternative solutions to this issue, and ultimately provides that, if necessary, the Meadowview Bond will be defeased and refinanced in order to eliminate the restriction upon transferability. The County's costs and expenses in connection with such defeasance and refinance are to be borne by the Buyer as provided in detail in the asset Purchase Agreement. The Purchased Assets with respect to the Cherry Hill Wastewater Treatment Plant are also presently subject to agreements restricting transferability, pursuant to the tax-exempt Cecil County Sanitary District Bond, Series 2003A (collectively, the "Cherry Hill Bonds"), and the related loan agreements. The Cherry Hill - Harbourview Asset Purchase Agreement contemplates that the Net Asset Value for the Purchased Assets under this agreement will exceed the balance due with respect to these financings as of the Closing Date, so that, accordingly, the proceeds of sale shall be used to repay and discharge in full the indebtedness due with respect to the Cherry Hill Bonds.
The Purchased Assets referenced in the Asset Purchase Agreement with Artesian Water Maryland, Inc., are presently unencumbered and not subject to restriction respecting transferability.
In compliance with Maryland Law, the Board will conduct two separate public informational meetings on Tuesday, September 23, 2008, beginning at 7:00 p.m. and on Tuesday, September 30, 2008 beginning at 7:00 p.m. in the County Administrative Building and the Board will consider action for the sale and transfers at their regularly scheduled meeting on October 7, 2008.
- APPOINTMENTS -
Motion to appointment Jennifer Smith to the Board of Parks & Recreation to fulfill the term of Darwin Struble; term expiration date 1/1/10, was made by Commissioner Lockhart, seconded by Commissioner Tome and unanimously carried to approve.
- BUDGET AMENDMENT NOS. 20 - 26 & Board of Education Amendment
Motion was made by Commissioner Demmler, seconded by Vice President Guns, and unanimously carried to approve Budget Amendment Nos. 20-26, and Board of Education Amendment for the period June 1 - June 30, 2008. A copy of these budget amendments are attached hereto and made part of these minutes.
The next regular meeting of the Board of County Commissioners will be held on October 7, 2008 at 7:00 p.m. at the County Administration Building, Elkton, MD.
There being no further business of the County Commissioners, the meeting concluded. > |