MINUTES OF THE BOARD OF COUNTY

COMMISSIONERS MEETING

 

September 21, 2004

 

            The Board of County Commissioners for Cecil County met in regular session at the Port Deposit Town Hall, Port Deposit, MD on Tuesday, September 21, 2004.  The following members of the Board were present:

 

            Nelson K. Bolender, President

            Phyllis Kilby, Vice President

            Harry A. Hepbron, Commissioner

            William C. Manlove, Commissioner

            Mark H. Guns, Commissioner

 

Constituting a full Board.

 

            The meeting was called to order by President Bolender at 7:00 p.m. and opened with the Pledge of Allegiance.

 

            The minutes from the August 24, 2004 Master Water & Sewer Plan meeting of the Board of County Commissioners were unanimously approved.

 

            The minutes from the September 7, 2004 meeting of the Board of County Commissioners were unanimously approved.

 

-          PUBLIC HEARING –  PROPOSED WATER/SEWER USER RATES AND CONNECTION FEES –

 

Administrator Wein introduced the Proposed Water/Sewer User Rate and Connection Fee Public Hearing and explained the purpose of the Public Hearing.  A required second Public Hearing will be held on November 16, 2004. At that time the Board will vote to adopt the revised rates and connection fees, based upon the recommendation of the Department of Public Works and the Treasurer of Cecil County.

 

 Mr. Wein advised that Public Comment will be heard orally at the public hearing or in written form.  All written comment should be directed to the attention of his office.

 

Matt Carter, Director, Department of Public Works presented the Board with the Proposals for a Revised Sanitary Sewer, Water User Rates and Connection Fees.  Mr. Carter explained that his department commissioned a Rate Study by an independent firm specializing in evaluating water and wastewater user rates.  Upon review of the study by the Department of Public Works and the Treasurer’s Office a projection of future connection and rate fees were established.  A variety of scenarios were explored before an equitable balance of revenue from user fees and connection fees was arrived at that would likely be fiscally responsible over at least the next five years.  These are reflected in the attached table, which reflect the Department’s proposed rate structure.  The proposed effective date of this fee structure is January 1, 2005.  A copy of this table is attached hereto and made part of these minutes.

 

COMMENTS:

 

Ronald Rae, commented relative to the user fees and flush tax and the importance of creating a balance.

 

Tom McWilliams, inquired as to the areas served by county water & sewer. 

 

Mr. Carter relayed the locations of the county’s five wastewater treatment plants.

 

-          COMMISSIONER’S COMMENTS –

 

President Bolender, thanked the Town of Port Deposit for hosting the Board Meeting.  He also spoke relative to his visit to the Town of Port Deposit yesterday to view the flood damage.  He complimented the Town, Emergency Services and the State for their efforts during the flooding.

 

Vice President Kilby – spoke about the shelter that was set up at Bainbridge Elementary School for flood victims.  She spoke highly of the work of the Boy Scouts and their efforts to make the victims comfortable.  In addition, she announced the Cecil’s Most Beautiful Event. Teresa Bittner of Port Deposit has been nominated as this year.  Vice President Kilby also commented regarding the Arts Council Awards she presented recently.

 

Commissioner Hepbron – commented about the flooding in the Town of Port Deposit.  He applauded the efforts of the SPCA who had a truck available for stranded animals during the flood. 

 

Commissioner Guns – commended the efforts of the volunteers assisting with the evacuation of flood victims at the Woodlawn Fire Company.

 

Commissioner Manlove – commented relating to the upcoming Diabetes Walk.

 

-          TREASURER’S REPORT –

 

Pam Howard, Treasurer for Cecil County presented the Board with the monthly Treasurer’s Report as of August 31, 2004.

 

-          PRESENTATION OF THE AGRICULTURAL PRESERVATION ADVISORY BOARD PURCHASE OF DEVELOPMENT RIGHTS PROGRAM REPORT –

 

David Black and Amber Rhoades, Office of Planning, Zoning, Parks & Recreation, and members of the Agricultural Preservation Advisory Board, Wayne Stafford, David Davis, Stephen Balderston, and Mary Halsey appeared and submitted for consideration, to the Board, their Purchase of Development Rights Program.

 

Mr. Black summarized the Proposed Purchase of Development Rights Program for the Board.  The Board charged the Advisory Board with the task of developing a funding mechanism to meet the county’s goal of 50,000 acres by the year 2025. The Advisory Board is proposing three funding mechanisms, a Bonus Density Fee, County Real Estate Transfer Tax, and Fee-in-Lieu of Common Open Space to fund the costs of implementing this program.

 

COMMENTS:

 

Mary Halsey, commented relating to the solution to the funding mechanism the Advisory Board is proposing.

 

Wayne Stafford, commented about the necessity of water & sewer in the growth areas, as recommended by the Advisory Board.

 

Steve Balderston, commented that it was a pleasure to serve on the Board.  He is hopeful that the State Delegation will cooperate with the Board and their recommendations.

 

Commissioner Guns inquired as to how the Advisory Board arrived at the bonus density figure. 

 

Mr. Black – advised the Commissioner that this figure was based upon what the Advisory Board felt a developer may pay for a lot, it was purely a “ball park figure”, it may very well be different at the time of implementation.

 

Vice President Kilby, praised the Advisory Board for a very well written report.

 

Commissioner Manlove, commended the Advisory Board for their efficiency in the preparation of their report.

 

            PUBLIC COMMENT –

 

Ronald Rae, 4 St. Pat’s Circle, Elkton – commented relating to Indian Acres Settlement Agreement.

 

Ken Jenkins, Colora – recommended the Board approve the Agricultural Advisory Board’s recommendations for the Cecil County Purchase of Development Rights Program.

 

Tom McWilliams – commented relative to the Board taking the necessary steps to implement the Purchase of Development Rights Program.

 

Mayor James Eberhardt of Perryville - updated the Board on the water situation in the Town of Perryville.

 

-          APPOINTMENTS –

 

Motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to appoint the following member to the Department of Social Services Board for a three-year term to expire on June 30, 2007:

 

Judy Cox P.O. Box 460, Rising Sun, MD 

 

Motion was made by Vice President Kilby, seconded by Commissioner Manlove and unanimously carried to appoint the following members to the Commission for Women for a three-year term to expire on September 8, 2007:

 

Dianna Detwiler, 205 Atlanta Court, Elkton, MD (Reappointment)

Kathleen Kunda, P.O. Box 2130, Elkton, MD (Reappointment)

Jane C. Murray, 212 East Main St.,Elkton, MD (Reappointment)

Sally Thompson, 6 Craig Ct., Conowingo, MD

Mary Maloney, 362 Frenchtown Road, Elkton, MD

 

-          RESOLUTION – HOTEL TAX RESOLUTION – TOWN OF PERRYVILLE –

 

Administrator Wein presented the Board with a Resolution first introduced at the September 7, 2004 Board Meeting, and pursuant to the request of the Mayor and Town Commissioners of the Town Of Perryville, to impose a three percent Hotel Tax to the three qualifying establishments within the Town of Perryville.  The establishments have been notified by mail of this pending action.  The Treasurer of Cecil County will collect the tax and withhold a five percent collection fee.

 

Motion was made by Vice President Kilby, seconded by Commissioner Hepbron and unanimously carried to approve the Hotel Tax Resolution for the Town of Perryville.

 

 

 

-          THIRTY-FOOT WIDE GRANT OF EASEMENT BETWEEN PATTON H. ROARK, SR. AND THE BOARD OF COUNTY COMMISSIONERS ALONG EXISITING GRAVEL LANE KNOWN AS BRIGHTNER LANE –

 

            Matt Carter, Director Public Works presented the Board for consideration an Easement Agreement for a 30 foot wide utility easement, along the existing gravel lane known as Brightner Lane. 

 

            Motion was made by Vice President Kilby, seconded by Commissioner Hepbron and unanimously carried to approve.

 

-          WAIVER OF FORMAL BIDDING PROCESS FOR PRINCIPIO HEIGHTS DRAINAGE PROJECT –

 

Director Carter presented the Board for consideration, with a waiver of the formal bidding process of the County’s purchasing code requirements relating to the Principio Heights Stormwater Conveyance Remediation.  Mr. Carter advised the Board, that recent solicitations produced only one submittal, the submittal was in excess of the allocated funds for the project.  He stressed the importance of completing this project prior to the end of the growing season.

 

Motion was made by Commissioner Guns, seconded by Vice President Kilby and unanimously carried to approve.

 

- BUDGET AMENDMENTS -

 

            Upon the recommendation of Administrator Wein, motion was made by Commissioner Hepbron, seconded by Commissioner Guns and unanimously carried to approve Budget Amendments 20 – 22 and one Board of Education Amendment No.

 

The next regular meeting of the Board of County Commissioners will be held on Tuesday, October 5, 2004 at County Administrative Building.

 

There being no further business of the County Commissioners, meeting adjourned.