Cecil County
Home MenuAugust 31, 2010
Board of County Commissioners
Worksession Minutes
August 31, 2010
PRESENT: Commissioners Lockhart, Demmler, Mullin, Tome, and Hodge; County Administrator Al Wein, Public Works Director Scott Flanigan and staff; Planning and Zoning Director Eric Sennstrom and staff; Economic Development Deputy Director Roy Clough; Human Resources Director Donna Nichols; Emergency Service Director Richard Brooks; Permits and Inspections Director Pat Conway; Facilities Manager Stafford Torgesen; Budget Manager Craig Whiteford; Treasurer Pamela Howard; Executive Office Administrator Vicky Rinkerman; Council Norman Wilson; Town of Chesapeake City Officials; members of the press, and members of the public.
OPEN SESSION
9:00 a.m.
Update on Hurricane Tract – Director Brooks briefed the Board on the morning report from the weather service on the hurricane. The agency is prepared to respond if there is an emergency.
North East Community Park Lease Agreement – County Administrator Wein introduced the lease agreement, which will be voted on at the September 7, 2010 Commissioners meeting.
Chesapeake City Recycling concerns of municipalities – Chesapeake City Town Commissioner Frank Vari stated that since the new fee schedule has gone into effect, there has been a fifteen percent increase in the cost for recycling. He requested that the Board consider reinstating the recycling credit and to reevaluate the fees for the landfill and recycling programs.
Director Flanigan stated that the fee charged for recycling is based on the projected cost incurred by the County to process and transport the recyclables to the facility, which is subtracted from the revenue generated from selling the recyclables. The intent is for the fee charged to the consumer to be "revenue neutral" for the County, meaning that the consumer is only paying the cost for processing and disposing of the recyclables. The Solid Waste Division is investigating other ways to make recycling economically feasible to both the County and the consumer.
Commissioner Hodge stated that the County should have raised tipping fees over the last five years to offset the cost of disposing of solid waste and recyclables. The County does not want to give the impression that recycling is not important; however, the County is not making money on the fees collected to dispose of solid waste and recyclables at the landfill.
Director Flanigan stated that the solid waste policy revisions states that commercial/private haulers will be required to offer single stream curbside recycling programs to their customers. He feels there is a misconception in the public that disposing of recyclables is free and that the County makes money on selling recyclables, which is false.
In response to a question from the public, the County will require commercial/private haulers to provide a single stream recycling service to obtain a solid waste haulers license in Cecil County. Discussion ensued relative to mandatory recycling programs.
No action was taken by the Board on the request to consider reinstating the recycling credit or reevaluating the revised landfill and recycling fees.
Request from Artesian Water Maryland, Inc – County Administrator Wein stated that the County received a petition from Artesian to provide water service in certain areas east of the Mountain Hill franchise area and west of the Elkton West franchise area. He referred to the areas on maps provided by Artesian. The petition is being introduced for discussion only, and no action is required at this time on the proposal.
Request to establish small work group/committee to work with DPW on proposal amendments to Chapter 251 – Stormwater Management – County Administrator Wein stated that the Board has received a request from citizens to establish a small committee to work with DPW staff on proposed revisions to the ordinance.
Commissioner Hodge stated that he would support establishing the committee; however, he would recommend that other stakeholders be included in the group, such as Rupert Rossetti from the Tributary Team.
Tim Whittie stated that he has no objections to working with a committee; however, he intends to keep the discussions relative to comments from the public hearing.
Director Flanigan stated that the revised regulations from MDE mandates stormwater management be included at the beginning of the development process, which changes the current permit process and way of doing business.
The Board concurred to authorize a committee and requested that Planning and Zoning Director Sennstrom be included in the work group.
Quarterly revenue report – Budget Manager Whiteford reviewed the unaudited revenue report as of June 30, 2010.
BDC Appointments – County Administrator Wein reviewed the list of BDC appointments.
The Board concurred to consider the reappointment of Mr. Jim Reynolds provided he would like to continue to serve on the Board. The reappointment of Dr. Gell would need to be approved by the Delegation.
Correspondence – County Administrator Wein referred to a letter submitted by a citizen relative to a landfill waiver of the tipping fees for a roadside clean-up project. The citizen was granted a landfill waiver; however, he was not satisfied with the time limit and the suggestion from staff that he consider using the County's Adopt a Road Program.
Director Flanigan stated that the citizen was granted a limited time period on the landfill waiver for the roadside clean up to deter the misuse of the waiver. Staff from the Roads Department monitors roadside cleanup projects. An option recommended as an alternative to the landfill waiver was the County's Adopt a Road Program.
Commissioner Hodge stated that he agrees with the recommendation for the Adopt a Road Program because it outlines the conditions and parameters for volunteer roadside cleanup projects.
Director Flanigan stated that several County officials discussed alternatives to deterring illegal dumping along roads. Staff in the Roads Department coordinates litter pick up projects and the Adopt a Road program.
The Board concurred to authorize Director Flanigan draft a response letter to the citizen for the County Administrator's signature.
North East State Police Barracks – North East Barrack Commander Lt. John Cook stated that the barracks are fully staffed and prepared to share primary law enforcement responsibilities in the County. Discussion ensued relative to levels of staffing and the County's 911 Dispatch Center.
Chapter 211 – Electrical Standards – Director Conway reviewed his responses submitted to the Board relative to questions raised from the public hearing.
Commissioner Hodge recommended moving forward with a decision on the ordinance at the September 21, 2010 meeting.
Discussion ensued relative to issues with insurance and inspections requirements, and qualifications for inspection agencies. The ordinance is intended to be a guideline, and the appointed Electrical Board of Examiners would make recommendations for revisions to the Commissioners.
RFP 11-03 – Design, Permit and Construct Bus Canopies and Fuel System Area – This item was deferred to the next worksession meeting.
Commissioner items
In response to a question, County Administrator Wein stated that staff is reviewing the proposed Animal Control Ordinance and draft RFP, and will forward recommendations to the Board.
In response to a question, Director Flanigan stated the Bridgestone/Firestone Company is responsible for the PVC sludge environmental cleanup project. The County has no responsibility or direct involvement in the effort.
Commissioner Tome stated that he received a request from residents in Pelham Manor to have two sign posts installed for neighborhood community watch signs. Director Flanigan will follow up with the Roads Division.
North Creek Run Project – Representatives from Conifer Realty reviewed an issue regarding the release of the building permit for the State funded apartment complex project. A problem has occurred relative to acquiring permission from an adjoining property owner to relocate the driveway as per the development plan submitted and approved by the County.
Counsel Wilson stated that the developer stated on the plans that the current driveway of the adjoining property owner would be relocated. However, the County is not obligated to secure permission from the property owner to relocate the driveway. The property owner has conveyed to the County that he is not in agreement with relocating the driveway, and the County is not going to release the permit until the developer has secured all the right of ways/easements required to comply with the approved development plans.
Development Services Chief Whittie stated that the Code states that the County has no obligation to secure permission from the property owner to move the driveway. The permit will not be released until the County receives verification that the adjoining property owner is in agreement with relocating the driveway as per the plans. The current location of the driveway would not meet the regulations, and the County is not going to give the developer permission to relocate the driveway without the approval of the property owner.
Commissioner Hodge stated that he feels that the developer needs to acquire permission from the pertinent parties in order to move forward with the development.
CLOSED SESSION
11:00 AM - On motion by Commissioner Demmler, second by Commissioner Tome , the Board convened to closed session pursuant to Maryland Annotated Code State Government 10-508(a) (7) Consult with counsel to obtain legal advice and (10) Discuss the development and implementation of emergency plans; 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.
The Board convened in closed session.
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Worksession Minutes
August 31, 2010
PRESENT: Commissioners Lockhart, Demmler, Mullin, Tome, and Hodge; County Administrator Al Wein, Public Works Director Scott Flanigan and staff; Planning and Zoning Director Eric Sennstrom and staff; Economic Development Deputy Director Roy Clough; Human Resources Director Donna Nichols; Emergency Service Director Richard Brooks; Permits and Inspections Director Pat Conway; Facilities Manager Stafford Torgesen; Budget Manager Craig Whiteford; Treasurer Pamela Howard; Executive Office Administrator Vicky Rinkerman; Council Norman Wilson; Town of Chesapeake City Officials; members of the press, and members of the public.
OPEN SESSION
9:00 a.m.
Update on Hurricane Tract – Director Brooks briefed the Board on the morning report from the weather service on the hurricane. The agency is prepared to respond if there is an emergency.
North East Community Park Lease Agreement – County Administrator Wein introduced the lease agreement, which will be voted on at the September 7, 2010 Commissioners meeting.
Chesapeake City Recycling concerns of municipalities – Chesapeake City Town Commissioner Frank Vari stated that since the new fee schedule has gone into effect, there has been a fifteen percent increase in the cost for recycling. He requested that the Board consider reinstating the recycling credit and to reevaluate the fees for the landfill and recycling programs.
Director Flanigan stated that the fee charged for recycling is based on the projected cost incurred by the County to process and transport the recyclables to the facility, which is subtracted from the revenue generated from selling the recyclables. The intent is for the fee charged to the consumer to be "revenue neutral" for the County, meaning that the consumer is only paying the cost for processing and disposing of the recyclables. The Solid Waste Division is investigating other ways to make recycling economically feasible to both the County and the consumer.
Commissioner Hodge stated that the County should have raised tipping fees over the last five years to offset the cost of disposing of solid waste and recyclables. The County does not want to give the impression that recycling is not important; however, the County is not making money on the fees collected to dispose of solid waste and recyclables at the landfill.
Director Flanigan stated that the solid waste policy revisions states that commercial/private haulers will be required to offer single stream curbside recycling programs to their customers. He feels there is a misconception in the public that disposing of recyclables is free and that the County makes money on selling recyclables, which is false.
In response to a question from the public, the County will require commercial/private haulers to provide a single stream recycling service to obtain a solid waste haulers license in Cecil County. Discussion ensued relative to mandatory recycling programs.
No action was taken by the Board on the request to consider reinstating the recycling credit or reevaluating the revised landfill and recycling fees.
Request from Artesian Water Maryland, Inc – County Administrator Wein stated that the County received a petition from Artesian to provide water service in certain areas east of the Mountain Hill franchise area and west of the Elkton West franchise area. He referred to the areas on maps provided by Artesian. The petition is being introduced for discussion only, and no action is required at this time on the proposal.
Request to establish small work group/committee to work with DPW on proposal amendments to Chapter 251 – Stormwater Management – County Administrator Wein stated that the Board has received a request from citizens to establish a small committee to work with DPW staff on proposed revisions to the ordinance.
Commissioner Hodge stated that he would support establishing the committee; however, he would recommend that other stakeholders be included in the group, such as Rupert Rossetti from the Tributary Team.
Tim Whittie stated that he has no objections to working with a committee; however, he intends to keep the discussions relative to comments from the public hearing.
Director Flanigan stated that the revised regulations from MDE mandates stormwater management be included at the beginning of the development process, which changes the current permit process and way of doing business.
The Board concurred to authorize a committee and requested that Planning and Zoning Director Sennstrom be included in the work group.
Quarterly revenue report – Budget Manager Whiteford reviewed the unaudited revenue report as of June 30, 2010.
BDC Appointments – County Administrator Wein reviewed the list of BDC appointments.
The Board concurred to consider the reappointment of Mr. Jim Reynolds provided he would like to continue to serve on the Board. The reappointment of Dr. Gell would need to be approved by the Delegation.
Correspondence – County Administrator Wein referred to a letter submitted by a citizen relative to a landfill waiver of the tipping fees for a roadside clean-up project. The citizen was granted a landfill waiver; however, he was not satisfied with the time limit and the suggestion from staff that he consider using the County's Adopt a Road Program.
Director Flanigan stated that the citizen was granted a limited time period on the landfill waiver for the roadside clean up to deter the misuse of the waiver. Staff from the Roads Department monitors roadside cleanup projects. An option recommended as an alternative to the landfill waiver was the County's Adopt a Road Program.
Commissioner Hodge stated that he agrees with the recommendation for the Adopt a Road Program because it outlines the conditions and parameters for volunteer roadside cleanup projects.
Director Flanigan stated that several County officials discussed alternatives to deterring illegal dumping along roads. Staff in the Roads Department coordinates litter pick up projects and the Adopt a Road program.
The Board concurred to authorize Director Flanigan draft a response letter to the citizen for the County Administrator's signature.
North East State Police Barracks – North East Barrack Commander Lt. John Cook stated that the barracks are fully staffed and prepared to share primary law enforcement responsibilities in the County. Discussion ensued relative to levels of staffing and the County's 911 Dispatch Center.
Chapter 211 – Electrical Standards – Director Conway reviewed his responses submitted to the Board relative to questions raised from the public hearing.
Commissioner Hodge recommended moving forward with a decision on the ordinance at the September 21, 2010 meeting.
Discussion ensued relative to issues with insurance and inspections requirements, and qualifications for inspection agencies. The ordinance is intended to be a guideline, and the appointed Electrical Board of Examiners would make recommendations for revisions to the Commissioners.
RFP 11-03 – Design, Permit and Construct Bus Canopies and Fuel System Area – This item was deferred to the next worksession meeting.
Commissioner items
In response to a question, County Administrator Wein stated that staff is reviewing the proposed Animal Control Ordinance and draft RFP, and will forward recommendations to the Board.
In response to a question, Director Flanigan stated the Bridgestone/Firestone Company is responsible for the PVC sludge environmental cleanup project. The County has no responsibility or direct involvement in the effort.
Commissioner Tome stated that he received a request from residents in Pelham Manor to have two sign posts installed for neighborhood community watch signs. Director Flanigan will follow up with the Roads Division.
North Creek Run Project – Representatives from Conifer Realty reviewed an issue regarding the release of the building permit for the State funded apartment complex project. A problem has occurred relative to acquiring permission from an adjoining property owner to relocate the driveway as per the development plan submitted and approved by the County.
Counsel Wilson stated that the developer stated on the plans that the current driveway of the adjoining property owner would be relocated. However, the County is not obligated to secure permission from the property owner to relocate the driveway. The property owner has conveyed to the County that he is not in agreement with relocating the driveway, and the County is not going to release the permit until the developer has secured all the right of ways/easements required to comply with the approved development plans.
Development Services Chief Whittie stated that the Code states that the County has no obligation to secure permission from the property owner to move the driveway. The permit will not be released until the County receives verification that the adjoining property owner is in agreement with relocating the driveway as per the plans. The current location of the driveway would not meet the regulations, and the County is not going to give the developer permission to relocate the driveway without the approval of the property owner.
Commissioner Hodge stated that he feels that the developer needs to acquire permission from the pertinent parties in order to move forward with the development.
CLOSED SESSION
11:00 AM - On motion by Commissioner Demmler, second by Commissioner Tome , the Board convened to closed session pursuant to Maryland Annotated Code State Government 10-508(a) (7) Consult with counsel to obtain legal advice and (10) Discuss the development and implementation of emergency plans; 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.
The Board convened in closed session.
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