December 21, 2010

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Board of County Commissioners
Worksession Minutes
December 21, 2010

PRESENT: Commissioners Mullin, Moore, Dunn, Broomell and Hodge; County Administrator Al Wein, Public Works Director Scott Flanigan and staff; Planning and Zoning Director Eric Sennstrom; Emergency Services Director Richard Brooks; Budget Manager Craig Whiteford; Facilities Manager Stafford Torgesen; County Counsel Norman Wilson; Executive Office Administrator Vicky Rinkerman; members of the press, and members of the public.

OPEN SESSION 9:00 a.m.

2040 Wilmapco Regional Transportation Plan - Tigist Zegeye, Executive Director of Wilmapco, stated that the organization is a federally funded metropolitan planning agency. She reviewed the 2040 Regional Transportation Plan.

In response to a question from Commissioner Moore, Director Zegeye responded that planning is based on population and Cecil County would continue to participate in the Wilmapco regional organization.

Evening meeting agenda review

County Administrator Wein reviewed the public hearing on the agenda and the Quitclaim Deed that will be considered by the Board.

County Administrator Wein reviewed the proposed 2010 Commissioner Board and Committee appointments that will be considered by the Board at the meeting.

Director Flanigan reviewed the Resolution regarding changing truck weight limitations on certain Cecil County roadways that will be considered by the Board. He stated that the department has not received any public comment on this matter and that this is an administrative action relative to being able to enforce weight restrictions.

Director Flanigan reviewed the Option and Entry agreement regarding the replacement of the Nottingham Road Bridge that will be considered by the Board.

Commissioner Hodge stated that he feels this agreement needs to be executed so this project may be started without further delays.

In response to a question from Commissioner Moore, Director Flanigan stated that the agreement was negotiated between the parties for the right-of-way easement for the project.

Budget Manager Whiteford reviewed the budget amendments that will be considered by the Board. He presented a news release from Office Max regarding an alliance between county agencies for the purchase of office supplies.

Comprehensive rezoning schedule and related information - Planning and Zoning Director Eric Sennstrom provided the Board with a disk and meeting schedule regarding the Comprehensive Rezoning process and hearings. The plan was adopted in April 2010 and the documents on the disk will be released to the public through the public library sites and the County website. Copies will be available in the Department of Planning and Zoning and mailed directly to the municipalities. The Planning Commission has recommended that a public notice be published in the newspaper to inform the public of the available sites to view the documents, as opposed to publishing the documents, which comprises over one hundred pages of text and maps.

Commissioner Hodge requested that the timeline for the process be posted on the County website.

Aramark facilities Management renewal agreement – Budget Manager Whiteford reviewed the renewal agreement regarding the proposed fee for project management services through Aramark. Facilities Manager Torgesen reviewed the current services provided by Aramark.

Motion made by Commissioner Hodge, seconded by Commissioner Dunn, the Board unanimously agreed to authorize the execution of the renewal agreement with Aramark as presented.

Conowingo Health Center follow-up – County Administrator Wein reviewed the request from the Conowingo Health Center that was discussed at the last worksession. Economic Development Marketing Specialist Ericka Quesenberry stated that the officials have been informed of loan opportunities through local banks. She stated that Deputy Director Clough is working on the fast track designation for the project.

Local Development Council (LDC) process approval – County Administrator Wein reviewed the Local Development Council process that was discussed at the last worksession. A conference call was placed to Economic Development Director Vernon Thompson.

Director Thompson via phone stated that the LDC process coincides with the County's budget process. After review of the legislation, the County is the fiduciary of the revenue funding from the gaming facility, and a multi-year plan must be approved before funding may be released to the Town of Perryville.

Commissioner Hodge stated that he feels there needs to be one plan submitted to the LDC, as opposed to individual plans being submitted from the town and the county.

Mayor Eberhardt stated that the town has their own objectives and goals for the revenue that addresses their needs relative to the impact of the gaming facility.

Director Thompson stated that the role of the LDC should be to examine the impact of the gaming facility on the entire western region of the County, and not just the "Perryville" incorporated area. He recommended that the County hire a consultant to conduct a study that would establish "benchmarks" relative to determining the impact of the gaming facility on the western region of the County.

Mayor Eberhardt stated that there is no need for another study to determine the impact the town is experiencing from the gaming facility.

Director Thompson stated that the study would establish benchmark data relative to any future funding requests from other agencies that may be impacted by the gaming operation. The LDC needs the data from a study to help them make funding recommendations to the Board. He recommended that the county discuss options for this a proposed study with officials from the University of Maryland or the University of Baltimore.

Commissioner Hodge stated that he feels that county and town officials need to collaborate and establish one coordinated multi-year plan to forward to the LDC. A decision regarding conducting a study can be made at a later time.

Director Thompson stated that there is a public hearing process outlined in the proposed review process.

Commissioner Hodge stated that the legislation states that the county develops the multi-year plan in collaboration and agreement with the town.

Mayor Eberhardt disagreed and stated that the town needs to submit their own multi-year plan to the LDC. He referred to a letter from the State Lottery Commission regarding forwarding revenue to the town.

Counsel Wilson stated that the legislation states that a multi-year plan must be approved prior to any disbursements or distribution of revenue.

Motion made by Commissioner Hodge, seconded by Commissioner Broomell, the Board voted unanimously to deny the request from the Town of Perryville for revenue disbursements pending the adoption of a formal multi-year plan.

The Board concurred to appoint Commissioner Moore as the designee to develop the County's multi-year plan in cooperation with the Town of Perryville and the LDC.

Mayor Eberhardt reiterated that the town is incurring expenses now relative to the impact of the gaming facility. He requested a written response from the county regarding the decision made by the Board.

Discussion ensued regarding scheduling the next meeting of the LDC in cooperation with Delegate Rudolph.

"Elkton West" Artesian franchise informational briefing – Director Sennstrom reviewed the request for proposal and evaluation process that established the Artesian franchise area for Elkton West. He reviewed the timeline that has transpired regarding court appeals and decisions made by the Maryland Department of the Environment regarding text amendments relative to the franchise and sale of assets agreements. He reviewed the process used for determining the value of the county facilities that are being transferred to Artesian. He reviewed the process for Artesian to establish new water and sewer agreements in the franchise service area. If the sale of the county facilities were finalized, the county would not be responsible for financing upgrades or maintenance of the facilities.

Director Flanigan stated that the current facilities maintenance agreement between Artesian and the County is not a flat fee rate schedule.

Mr. DiNunzio from Artesian stated that the County is being charged a discount rate for operation and maintenance of the facilities.

Director Flanigan stated that the county does not have enough staff to perform the operating and maintenance work being conducted by Artesian. The operations and maintenance (O & M) contract was intended to be a "short term" agreement pending the finalization of the sale of the assets. If the O & M contract were declined, staff would need to be increased in the department to carry out the facility operations. He continued stating that the user rates charged to current customers is insufficient to sustain the operation of the facility.

Commissioner Hodge stated that county residents have been subsidizing the wastewater operations due to user rates not being increased routinely to offset the cost of operating the facility.

Discussion ensued regarding the language in the contract relative to nutrient credits. Mr. DiNunzio stated that Artesian is aware of the County's need for nutrient credits for Seneca Point.

Director Flanigan stated that he feels that Artesian will not have any excess nutrient credits to forward to the county.

Discussion ensued regarding the methodology used to determine the value of the county assets. Mr. DiNunzio stated that Artesian arrived at the net asset value of the county facilities based on the type, investment required, and anticipated profit from the asset.

Discussion ensued regarding the O & M agreement with Artesian being approved by the previous Board.

Counsel Wilson stated that the previous Board made the decision to extend the O & M contract with Artesian. The current Board may have an opportunity to renew the contract if necessary. The county is waiting for a decision from the Court of Appeals on the Artesian case.

Commissioner Hodge stated that he feels the county has a valid O & M contract with Artesian; however, he would like to have the services provided by Artesian reevaluated since the contract was extended due to the legal case.

Director Flanigan stated that the O & M contract has a 120-day provision to notify Artesian of a termination of the contract. He feels that due to the circumstances relative to the pending court decision, the county would fail to find another company willing to establish a new O&M contract for the facility.

The Board concurred to direct Director Flanigan to provide the Board with alternatives to the O & M contract with Artesian.

Mr. Ed Cairns was recognized to comment and he read the section of the agreement with Artesian relative to nutrient credits.

Approval of operating budget/ capital budget schedules and budget instruction memo – Budget Manager Whiteford reviewed the information provided to the Board.

Discussion ensued regarding the CIP meeting scheduled with the Board of Education on January 6, 2011. Commissioner Hodge stated that Commissioners have not routinely attended CIP committee meetings in the past.

County Administrator Wein stated that officials from the Board of Education intend to discuss proposed CIP projects during an agency briefing meeting scheduled for January 4, 2011 with the Board.

The Board concurred to authorize Budget Manager Whiteford proceed with scheduling the operating and CIP budget meetings.

Approval of 2011 Board of County Commissioner Meeting schedule – County Administrator Wein reviewed the meeting schedule. If a change in the location of second monthly meeting were being considered, it would require a public hearing to revise Chapter 160 of the County Code.

Commissioner Broomell stated that she would prefer to hold all monthly Commissioners meetings in the County Administration Building.

The Board concurred to authorize County Administrator Wein to schedule and advertise a public hearing to revise Chapter 160 to reflect a change in the second monthly meeting location, and mail a letter to the towns advising them of the public hearing.

Requests to fill vacant positions – Human Resources Director Nichols reviewed the budgeted requests to fill positions.

The Board concurred to authorize Human Resources to proceed with advertising and filling the positions as presented.

Draft RFP 11-14; Miscellaneous Structural repairs to various county bridges – Director Flanigan reviewed the process relative to requests for proposals and bids. The bid would establish an "on-call" process for a contractor to perform needed repairs to County bridges that cannot be completed by staff. The contract would be enacted from the time of approval through June 30, 2012, and includes a two-year extension provision. The work under this contract would be funded through the Road Division operating budget.

Discussion ensued regarding minimum and maximum labor rates and clarification on equipment and operator rates in the RFP.

The Board concurred to authorize Public Works staff to proceed with advertising RFP 11-14.

Draft Bid 11-22-One (1) each Hydraulic Excavator or approved equivalent / Draft Bid 11-23; One (1) each 670 Motor Grader or approved equivalent – Director Flanigan stated that a decision on draft Bid 11-22 and Bid 11-23 was deferred to the new Board. He stated that he is seeking approval to proceed with advertising the bid to purchase a new or used hydraulic excavator, as opposed to purchasing new equipment only, and to use any realized savings to purchase a 670 motor grader (new or used) and possibly a new or used dump truck.

Budget Manager Whiteford stated that the County has considered purchasing used equipment in the past, and it will be up to officials to evaluate and determine the value of purchasing used equipment vs. purchasing new equipment. The Board will be provided another opportunity during this process to approve the purchase.

The Board concurred to authorize Public Works staff to proceed with advertising Bid 11-22 and Bid 11-23 as presented.

Commercial hauler single stream recycling requirements discussion - Director Flanigan provided the Board a handout of the commercial hauler requirements relative to the provisions for single stream recycling. Effective January 1, 2011, Section 4 of Chapter 239 requires commercial haulers provide their Cecil County customers curbside single stream recycling in order for them to receive a commercial hauler license. The haulers must provide the service; however, their customers may choose not to participate in the recycling program. The objective of the requirement is to maximize recycling in order to minimize the amount of refuse collected in the landfill to help preserve our resources and landfill space. Commercial haulers who collect curbside recyclables would be eligible to pay a reduced market rate tipping fee, as opposed to the normal tipping fee. Solid Waste Division staff is charged with enforcing the recycling policy. He continued stating that local haulers were informed of the curbside recycling provision and staff is working to educate the public through ads in the newspaper and flyers at the landfill.

Commissioner Items

Commissioner Moore thanked Vicky Rinkerman for the employee holiday luncheon and the Public Works department for the bridge opening.

CLOSED SESSION

12:05 PM - Motion made by Commissioner Moore, seconded by Commissioner Dunn, the Board voted unanimously to convene in closed session pursuant to the Maryland 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 (landfill gas beneficial use proposals).

The Board convened in closed session.

CLOSED SESSION

4:00 PM - Motion made by Commissioner Dunn, seconded by Commissioner Moore, the Board voted unanimously to convene in closed session pursuant to Maryland Annotated Code-State Government 10-508(a) (9) To conduct collective bargaining negotiations or consider matters that relate to the negotiations.

The Board convened in closed session.

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