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COMMISSIONERS MEETING
December 15, 2009
The Board of County Commissioners for Cecil County met in regular session at the County Administrative 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 December 8, 2009 at 10:00 A.M., motion was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried pursuant to MD Annotated Code – State Government 10-508 (a) (1) personnel matters (3) consider the acquisition of real property for a public purpose and matters directly related thereto; (7) consult with counsel to obtain legal advice. Present: Commissioners Lockhart, Demmler, Tome, Hodge and Mullin; H. Norman Wilson, Counsel; Administrator Wein; Director Flanigan, Department of Public Works; Director Thompson; Director Eric Sennstrom, Budget Manager Craig Whiteford and Director Nichols. Topics of Discussion: Request to fills; Indian Acres update; Franchise for Artesian Water, within Port Deposit. Actions Taken: Post Letter of Intent for 12/15/09 agenda regarding Indian Acres; proceed with franchise agreement for Artesian water service within the Town of Port Deposit, approved three request to fills. Meeting adjourned at 11:00 P.M.
The Board adjourned into a Closed Session at its work session on December 15, 2009 at 11:00 P.M., motion was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried pursuant to MD Annotated Code – State Government 10-508 (a) (3) consider the acquisition of real property for a public purpose and matters directly related thereto; (7) consult with counsel to obtain legal advice; Present: Commissioners Lockhart, Demmler, Tome, Hodge and Mullin; County Administrator Alfred Wein; H. Norman Wilson, Counsel; Director Flanigan; Budge Manager Whiteford; and Director Sennstrom, Topics of Discussion: Indian Acres; Port Deposit water & sewer matters; Local Development Council; North East PSC matter. Meeting adjourned at 11:35 P.M.
The meeting of the Board of County Commissioners for Cecil County, December 15, 2009 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:
December 1, 2009 Worksession Minutes December 1, 2009 Closed Worksession Minutes December 1, 2009 Rezoning Hearing Minutes December 1, 2010 Regular Board Meeting Minutes December 8, 2010 Worksession Minutes December 8, 2009 Worksession Minutes
-COMMISSIONERS' COMMENTS-
Commissioner Demmler – commented about the meeting with the Cecil County Delegation relating to the 2010 Legislative requests.
Commissioner Mullin – wished everyone a Merry Christmas.
Commissioner Tome – also offered best wishes for the holiday season and commented that he is looking forward to working with the delegation with the legislative requests. He commented favorably relative to the Port Deposit Water wastewater system acquisitions and said that this endeavor would improve the quality of life for the citizens in the western portion of the county.
Commissioner Hodge - wished everyone Happy Holidays and spoke of the accomplishments of this Board in their first year.
Commissioner Lockhart – wished everyone Happy Holidays.
- TREASURER'S REPORT –
Pamela Howard, County Treasurer presented the monthly cash report for the month ending November 30, 2009.
- PUBLIC HEARINGS –
- WASTEWATER SYSTEM ACQUISITION OPTION AND AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF PORT DEPOSIT –
Scott Flanigan, Director of Public Works presented for public hearing a Option and Agreement dated December 1, 2009 wherein the County is proposing to obtain the right and option from the Town of Port Deposit to acquire specified transferred assets, consisting of the Town's wastewater treatment facility, including plant, equipment and related real property, easements and permits.
The Port Deposit Wastewater Treatment Plant is a 30+ year old facility that needs to be replaced. The County is proposing to redirect the current flow from its present discharge into the Susquehanna River to the North East Wastewater Treatment Plant at Seneca Point through a series of pipe and several pumping stations. This will allow for the extension of public sewer service to areas throughout the Port Deposit area and throughout the growth corridor in the western portion of the county. The current estimated cost is approximately 13.1 Million Dollars and has an estimated time span of approximately 24 months. Funding sources for the project are currently being sought by through MDE SRF and USDA Loans.
The retirement of the Port Deposit Wastewater Treatment Plant and subsequent re-direction of the flow to the North East Wastewater Treatment Plant at Seneca Point will not only provide benefits to the Town of Port Deposit and surrounding areas with regard to water quality, support economic development efforts throughout the area and provide valuable nutrient credits to the county.
This matter will be voted on at the Board of County Commissioner's meeting on January 5, 2009.
COMMISSIONER COMMENTS –
Commissioner Hodge commented in support of the proposal and stated that the acquisition and agreement would be a significant benefit to all.
COMMENTS SUPPORT/OPPOSITION –
Kerry Anne Abrams, Mayor of Port Deposit – spoke in support of the proposal and commented of the many benefits to the citizens and Town of Port Deposit as well as the County.
Bill Harrington, Town Commissioner of Port Deposit – commented in support of the proposal.
Cathy Morton, Town Commissioner of Port Deposit – thanked the Board for their consideration of the proposal and commented favorably.
John Leeds, Town Commissioner of Port Deposit – commented in favor of the proposal and stated that the project is critical for the environment and may result in lower operating costs for everyone involved.
Dr. Carl Roberts, 1641 Ingleside Ave., Perryville, MD, Chairman, Bainbridge Development Corporation – commented in full support of the assistance to the Town of Port Deposit and the development of infrastructure to support future development within the Port Deposit area.
Russell Holland, Elkton, MD – commented about the position the County is taking in this matter and stated that in his opinion this is an irrational decision and the County is acting for the benefit of Artesian, Cecil Bank and the Aston Pointe Development.
Rupert Rossetti, Port Deposit – commented favorably and proposed the possibility of extensions of the line to tie in to area trailer parks.
Ronald Rae, 4 St. Pat's Circle – commented in reference to enterprise funds for this project.
Ron Hartman, 164 Little Egypt Road, Elkton commented on behalf of Owen Thorne who was unable to attend. He commented about inconsistencies relating to the Elkton West project and the County's desire to sell their rights to Artesian, however, stated that he supported the proposal of providing the infrastructure to the Port Deposit area.
- ORDINANCE NO. 2009-06 - AMENDMENT TO CECIL COUNTY STORMWATER MANAGEMENT ORDINANCE -
Scott Flanigan, Director of Public Works and Tim Whittie, Chief, Development Services Division, presented a public hearing relating to proposed amendments to Chapter 251 of the Code of Cecil County Stormwater Management Ordinance as mandated by the Maryland Department of the Environment and the Stormwater Management Act of 2007.
The public hearing was advertised and the proposed amendments were published on the Cecil County Government website. The purpose of the public hearing is to accept any comments from the public for further revision. Upon final revision, the draft will be forwarded to the Maryland Department of the Environment for final approval.
COMMENTS SUPPORT/OPPOSITION –
Rupert Rossetti – commented favorably to the revisions by the Department of Public Works and offered several further revisions concerning easement requirements and the assessment of the quality of the stormwater management system related to ESD treatment practice efficient and the control of runoff to the MEP. He offered his assistance to the Department relating to these matters.
Cassie Herron, Sassafras River Keeper – commented that there are several areas of the ordinance that could be stronger and recommended further collaboration between the Department of Public Works and Rupert Rossetti and herself to further improve the ordinance. She commented that she has concerns relating to the omission of several areas concerning the Health Department and septic systems and State Highway Administration components.
Bill Stritzinger, Newark, DE – commented in opposition to Section 251-30 relating to the expiration of stormwater management plan approval granted prior to the effective date of this ordinance and the effect that will have on projects that are multi-phased plans and the costs involved to have the plan re-engineered.
Fred Scheckles, Clark Turner - also commented in reference to Section 251-30 that will directly impact the Charlestown Crossing project and other projects in similar situations.
- PUBLIC COMMENT –
Cassie Herron, commented in reference to the Letter of Intent concerning Indian Acres and her concerns regarding any on-site sewage holding tanks; the ability of the Health Department to monitor the septic facilities at Indian Acres; and the effect of any full-time residency at the campground will have on the environment.
Rupert Rossetti – suggested to the Board that road striping be placed on Chesapeake Blvd.
- ACTION ITEMS –
- APPOINTMENTS -
Motion was made by Commissioner Mullin, seconded by Commissioner Demmler and unanimously carried to appoint Reverend Samuel Hartman to the Board of Library Trustees for a five-year term to expire on December 31, 2014.
- LETTER OF INTENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF CECIL COUNTY, PROPERTY RIGHTS UNITED, INC., AND WSC CORPORATION –
County Administrator Alfred C. Wein, Jr., presented the Board with the final negotiated Letter of Intent between the Board of County Commissioners of Cecil County, Property Rights United, Inc., and WSC Corporation. This agreement will allow a maximum five year time limit for funstead owners of Indian Acres to bring their respective properties into compliance according to the terms and conditions of the said Letter of Intent.
Motion to approve the Letter of Intent between the Board of County Commissioners of Cecil County, Property Rights United, Inc., and WSC, Inc. was made by Commissioner Demmler, seconded by Commissioner Lockhart.
Comments: Commissioner Hodge stated that although this agreement is not his preferred solution he would like to commend the Board and staff in making this transition.
The motion carried by a majority vote: Lockhart – Y; Demmler – Y; Tome – Y; Hodge – N; Mullin – Y.
- FIRST AMENDMENT OF ASSET PURCHASE AGREEMENTS BETWEEN ARTESIAN WATER MARYLAND AND ARTESIAN WASTEWATER MARYLAND, INC., AND THE BOARD OF COUNTY COMMISSIONERS -
County Administrator Wein presented the First Amendment of the Asset Purchase Agreements between Artesian Water Maryland, Inc., and the Board of County Commissioners amending Section 11.1 (e) of the Agreement by deleting reference to "December 31, 2009" and by substituting "December 31, 2010" in lieu thereof, as introduced at the Board's meeting on December 1, 2009.
Motion to approve the amendments was made by Commissioner Hodge, seconded by Commissioner Demmler. Commissioner Lockhart abstained from the vote. The motion carried by a 4-0 vote. A copy of these amendments are attached hereto and incorporated into these minutes.
- REZONING DECISION, FILE NO. 2009-08 – H. BARRY MONTGOMERY, REQUEST TO REZONE 7 ACRES FROM BUSINESS LOCAL (BL) & SUBURBAN RESIDENTIAL (SR) TO MULTI-FAMILY RESIDENTIAL (RM), LOCATED AT BIGGS HWY., ROUTE 274 & THEODORE ROAD, NORTH EAST, MD –
Director Sennstrom presented the rezoning request 2009-08 from H. Barry Montgomery heard by the Board at their meeting on December 1, 2009 for the Board's consideration.
Motion to disapprove the rezoning request was made by Commissioner Demmler, seconded by Commissioner Mullin.
Commissioner Demmler stated that this zoning request is not consistent with the existing area.
Commissioner Lockhart abstained from the vote: The motion carried by a 4-0 vote.
- DEPARTMENT OF PUBLIC WORKS –
Scott Flanigan, Director of Public Works presented the following items:
-OPTION CONTRACT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND FRANK DVORAK JR., AND BARBARA ANN DVORAK –
Upon the recommendation Director Flanigan, motion to approve the Option Contract between the Board of County Commissioners and Frank & Barbara Dvorak for the acquisition of a right of way agreement for the replacement of the Nottingham Road Bridge in the amount of $17,035.00 was made by Commissioner Tome, seconded by Commissioner Mullin and unanimously carried to approve.
- BUDGET AMENDMENTS NOS. 59 – 64 & BOARD OF EDUCATION AMENDMENT-
Motion was made by Commissioner Mullin, seconded by Commissioner Tome and unanimously carried to approve Budget Amendment Nos. 59-64. 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 on January 5, 2009 at 7:00 p.m. at the County Administrative Building, 200 Chesapeake Blvd., Elkton, MD.
There being no further business of the County Commissioners, the meeting was adjourned. > |