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COMMISSIONERS MEETING
April 7, 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, Sr., 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 March 31, 2009 at 10:40 A.M., motion was made by Commissioner Mullin, seconded by Commissioner Tome and unanimously carried pursuant to MD Annotated Code - State Government 10-508 (a) (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. Present: Commissioners Demmler, Tome, and Mullin; County Administrator Alfred Wein; Director Eric Sennstrom; Director Scott Flanigan, Vernon Thompson. Topics of Discussion: Molitor/BOCC Agreements; Port Deposit Wastewater Contract, Town of North East Water Service Agreement. Actions taken: Directed Mr. Wein to send Molitor Joint Venture, LLC and BOCC Agreement to Artesian for their review and comments; directed Mr. Wein to notify Mayor McKnight that Board has decided to ask Public Service Commission to initiate review of rate application; directed Economic Development Director Thompson and DPW Director Flanigan to initiate development of agreement with Port Deposit relating to conveyance of wastewater to Seneca Point. Closed session adjourned at 11:35 P.M.
The Board adjourned into a Closed Session at its work session on April 7, 2009 at 10:40 A.M., motion was made by Commissioner Mullin, seconded by Commissioner Tome, and unanimously carried pursuant to State Government, Annotated Code of Maryland 10-508 (a) (1) personnel matters; (4) consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the state; (7) consult with counsel to obtain legal advice; (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, of public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process. Present: Commissioners Lockhart, Demmler, Tome, Mullin & Hodge; Administrator Wein; H. Norman Wilson; County Attorney; Larry Haislip, Counsel. Topics of Discussion: Legal matters pertaining to the transfer of assets to Artesian Water/Wastewater, Maryland, Inc.; discussion of prequalification criteria, cell 4 re-development re-bid, Cecil County Landfill. Meeting adjourned at 12:52 P.M.
The meeting of the Board of County Commissioners for Cecil County, April 7, 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:
March 3, 2009 Meeting Minutes March 10, 2009 Closed Session Minutes March 10, 2009 Worksession Minutes March 17, 2009 Worksession Minutes March 17, 2009 Closed Session Minutes March 17, 2009 Meeting Minutes March 24, 2009 CIP Public Hearing Minutes March 31, 2009 CIP Meeting Minutes as amended
-COMMISSIONERS' COMMENTS-
Commissioner Mullin - commented about the recent certificate he presented to the Bohemia Manor Key Club.
Commissioner Demmler - commented about the Farm Banquet she recently attended and congratulated the Derr's for their accomplishment.
Commissioner Tome -commented about the Eagle Scout presentations he made at Perryville and Rising Sun High Schools.
Commissioner Hodge - encouraged the public to attend and participate in the budget process and thanked all of those who have thus far participated.
- PROCLAMATION - PUBLIC HEALTH WEEK -
Commissioner Demmler on behalf of the Board of County Commissioners presented a proclamation to Health Officer Stephanie Garrity in recognition of "Public Health Week".
- PROCLAMATION - FAIR HOUSING MONTH -
Commissioner Mullin on behalf of the Board of County Commissioners presented a proclamation to Dave Mahaney, Director, Housing & Community Development in honor of "Fair Housing Month".
- CERTIFICATES OF ACHIEVEMENT -
President Lockhart and Pat Conway, on behalf of the Board of County Commissioners presented Certificates of Achievement to the Cecil County Special Olympics Basketball Team for their recent championship win.
- PROCLAMATION - NATIONAL TELECOMMUNICATOR WEEK -
Commissioner Tome on behalf of the Board of County Commissioners presented members of the Cecil County Department of Emergency Services Dispatch staff and Director Brooks, with a proclamation in honor of "National Telecommunicator Week.
- ACTION ITEMS-
- ADOPTION OF PROPOSED 2010-2014 CAPITAL IMPROVEMENTS PROGRAM-
Administrator Wein presented the proposed 2010-2014 Capital Improvement Program for their consideration by the Board, following the public hearing on March 24, 2009 and subsequent hearing on March 31, 2009.
Commissioner Hodge recommended the following amendments to the proposed 2010-2014 Capital Improvement Program and he requested that each amendment voted on separately:
Commissioner Hodge made a motion to defer the Razor Strap Road improvement project for a period of one year. The motion was seconded by Commissioner Mullin and unanimously carried.
Commissioner Hodge made a motion to defer the development of the Susquehanna water source and all other water source projects for at least one year. The motion was seconded by Commissioner Tome and unanimously carried.
Commissioner Hodge made a motion to defer the back-up generation project at the Septage Acceptance Center for a period of at least one year. The motion was seconded by Commissioner Mullin and unanimously carried.
Commissioner Hodge made a motion to place a restriction on the Central Landfill gas to energy facility requiring that the project be financed by a minimum of 50% grant money. Commissioner Demmler seconded the motion and it unanimously carried.
Commissioner Hodge made a motion for the addition of design/engineering for the Cecil College Engineering and Math Building in the amount of $640,000. The motion was seconded by Commissioner Lockhart.
Discussion: Commissioner Demmler commented that she is unable to support this amendment as it was only presented this afternoon to the Board as a new budgetary item.
The motion carried by a majority vote: Lockhart - Y; Demmler - N; Tome - Y; Hodge - Y; Mullin - Y.
Motion to adopt the 2010-2014 Capital Improvement Program was made by Commissioner Tome, seconded by Commissioner Mullin and unanimously carried. A copy of the CIP is attached hereto and incorporated into these minutes.
PROPOSED DRAFT SUBDIVISION REGULATIONS TEXT AMENDMENT ยง4.0.8; 4.0.12; 4.1.17; & 4.1.18 -
Eric Sennstrom, Director of Planning & Zoning presented for consideration the proposed draft subdivision regulations relating to approvals of concept and preliminary plans that was introduced during a public hearing on March 17, 2009.
Motion to approve the text amendment to the subdivision regulations was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried to approve. A copy of this text amendment is attached hereto and incorporated into these minutes.
- MASTER WATER & SEWER PLAN TEXT AMENDMENT - SECTION 4.1.9.B - NORTH EAST ADVANCED WASTEWATER TREATEMENT PLANT -
Director Sennstrom presented for consideration the proposed text amendment to the Master Water & Sewer Plan to include upgrades to the North East Advanced Wastewater Treatment Plant as presented during a public hearing on March 17, 2009.
Motion to approve the Master Water & Sewer Plan Text Amendment was made by Commissioner Mullin, seconded by Commissioner Tome and unanimously carried. A copy of this text amendment is attached hereto and incorporated into these minutes.
- BASSMASTERS FISHING TOURNAMENT OVERFLOW PARKING LEASE AGREEMENT WITH THE TOWN OF NORTH EAST -
Administrator Wein presented the parking lease agreement for the Bassmasters Fishing Tournament between the Town of North East and the Board of County Commissioners as introduced at the Board's March 17, 2009 meeting.
Motion to approve the parking lease agreement was made by Commissioner Hodge, seconded by Commissioner Tome and unanimously carried to approve.
- DEPARTMENT OF PUBLIC WORKS -
Scott Flanigan, Director of Public Works presented the following items:
- BID AWARD NO. 09-35-52019 - CENTRAL LANDFILL SOIL AMENDMENT, SEEDING & STABILIZATION -
Upon the recommendation of Director Flanigan, motion to award Bid No. 09-35-52019 for the emergency procurement for the seeding and stabilization at the Central Landfill to Erosion Control and Landscape Services, Inc., in the amount of $128,108.87 was made by Commissioner Tome and seconded by Commissioner Mullin.
Commissioner Hodge commented that there was only one responsive bidder being considered for this project, he attributes this to the scope of work not being clear or the failure to attract competitive bidders, therefore will not vote to approve this project.
The vote carried by a majority vote: Lockhart - Y; Demmler - Y; Tome - Y; Hodge - N; Mullin - Y.
- BID NO. 09-26 - SEWER CCTV TRUCK FOR WATER/WASTEWATER -
Upon the recommendation of Director Flanigan, motion to award Bid No. 09-26 to Atlantic Machinery, Inc., in the amount of $154,750.00 for the purchase of a sewer CCTV truck for the Water & Wastewater Division, was made by Commissioner Demmler, seconded by Commissioner Tome and unanimously carried to approve.
- RIGHT OF WAY DEDICATION DEED - RHAWN, INC.
Director Flanigan withdrew the above item and will present it at a later meeting.
- APPROVAL OF AGREEMENT WITH ARTESIAN UTILITY DEVELOPMENT, INC., FOR THE REPLACEMENT OF THE HARBORVIEW WATER TANK -
Upon the recommendation of Director Flanigan, motion to approve the agreement between the Board of County Commissioners and Artesian Utility Development, Inc., for the replacement of the Harborview Water Tank as outlined in the "Scope of Work" of this agreement was made by Commissioner Hodge, seconded by Commissioner Tome and unanimously carried.
- RATIFICATION OF THE EXECUTION OF THE WASTEWATER OPERATIONS AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF PORT DEPOSIT -
The Board of County Commissioners voted at the meeting on March 31, 2009 to approve the execution of the Wastewater Operations Agreement between the Board of County Commissioners and the Town of Port Deposit.
Motion to ratify this agreement was made by Commissioner Tome, seconded by Commissioner Demmler.
The agreement was ratified by a majority vote. Lockhart - Y; Demmler - Y; Tome - Y; Hodge - N; Mullin - Y.
- RATIFICATION OF THE EXECUTION OF THE ARTESIAN OPERATIONS AGREEMENT FOR MEADOWVIEW, HIGHLANDS WASTEWATER TREATMENT PLANT -
The Board voted at their meeting on March 17, 2009 to execute an operational agreement for the Meadowview, Highlands Wastewater Treatment Plant with Artesian Wastewater Maryland, Inc.
Motion to ratify the agreement was made by Commissioner Tome, seconded by Commissioner Mullin.
Commissioner Hodge commented that he is unable to support this agreement because he believes the rates are excessive.
- INTRODUCTION OF PROPOSED REVISION TO DEMOLITION PERMITTING PROCESS -
Director Flanigan introduced a proposed revision to the Demolition Permitting Process. In order for Cecil County to be in compliance with the asbestos environmental remediation standards, under the Maryland Department of the Environmental Standards set forth in Comar; revisions to this process are required.
The revisions will be presented to the Board for consideration at the April 21, 2009 meeting.
Director Flanigan announced that the Department of Public Works, Solid Waste Division, will be sponsoring "Household Hazardous Waste Disposal Day" will be conducted on Sunday, April 17, 2009.
- BUDGET AMENDMENTS - NOS. 93 - 101 and Board of Education Amendment.
Motion was made by Commissioner Tome, seconded by Commissioner Demmler and unanimously carried to approve Budget Amendment Nos. 93-101 and a Board of Education Amendment. 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 April 21, 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, motion to adjourn was made by Commissioner Mullin, seconded by Commissioner Tome and unanimously carried. > |