December 28, 2010

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Board of County Commissioners
Worksession Minutes
December 28, 2010

PRESENT: Commissioners Mullin, 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; County Counsel Norman Wilson; Executive Office Administrator Vicky Rinkerman; members of the press, and members of the public.

ABSENT: Commissioner Moore

OPEN SESSION

9:00 a.m. - President Mullin called the meeting to order.

Proposed changes to Chapter 160 County Commissioners policies and procedures – County Administrator Wein reviewed the proposed changes to Chapter 160 County Commissioners Policies and Procedures. The public hearing is scheduled for the February 1, 2010 Commissioners meeting in conjunction with a public hearing for proposed changes to animal care and control.

Discussion ensued relative to designating a specific location for the public meetings. Commissioner Hodge recommended that the revision not restrict the Board to a specific location for the meetings.

Counsel Wilson stated that the language may be revised to reflect that the Board intends to meet; however, it does not need to specify a location.

The Board concurred and directed County Administrator Wein to revise the language to refer to "a location as determined by the Board".

Watershed Implementation Plan Advisory Committee – County Administrator Wein stated that there are several agencies that submitted two names from their organization to serve on the committee. The recommendation from staff is to permit one person to serve on the committee and the other to serve as an alternate member.

Mr. Jim Buckland from Artesian stated that they submitted two names with the intent to have one person serve as an alternate member.

Commissioner Hodge stated that he would like to add David Strouss from the engineering community as an alternate member to the committee.

The Board concurred to designate Scott Flanigan, Director of Public Works, as the chairperson of the committee.

Discussion ensued regarding staff participation in the planning process. Director Flanigan advised the Board that he intends to encompass all the county departments as needed.

The Board concurred to add David Strouss, Scott Flanigan, and Tim Whittie to the list of appointments.

Director Flanigan stated that this group is an advisory committee. He advised the Board that other stakeholders may need to be added to the committee and an initial meeting would be scheduled in January.

Property transfer BOCC to Richard and Karen Brooks – County Administrator Wein stated that there is an update on the property transfer negotiations. Director Flanigan stated that the Brooks have made a counter offer.

Counsel Wilson advised the Board that this item should be discussed in closed session since it is relative to a proposal for negotiation.

Discussion guide regarding proposed wastewater rates/fees policy changes – Director Flanigan stated that the county hired a consultant to analyze the wastewater rates/fees. The intent of the discussion is to provide a guide for the Board to discuss the findings from the report as it relates to policy decisions. Any policy revisions would require a public hearing.

Discussion ensued regarding the various water and wastewater rates currently charged to customers. Since there are various providers, the recommendation is to adopt a flat usage rate.

Discussion ensued regarding the County rates relative to capital improvement projects, which reflects the scenario that all of the County's water systems would be transferred to Artesian in the proposed Elkton West Franchise agreement.

Commissioner Hodge stated that he feels the county should not keep rates artificially low since it means that other county residents are subsidizing the public systems.

Director Flanigan stated that user rates and fees need to be increased to ensure there are sufficient funds for capital improvements and plant maintenance. He stated that the company used the philosophy that "growth should pay for growth" in determining the rates/fees for major facilities fees or connection fees. If the Board intends to change the initial direction of this intent, the user fees would need to be adjusted accordingly.

Discussion ensued regarding the proposed rate increases relative to County owned and privately owned facilities.

Discussion ensued regarding the proposal for a funding mechanism through the county to provide a subsidy to small businesses for connection fees relative to the expansion of economic development. Budget Manager Whiteford stated that the Board has been requested to waive fees in the past for commercial and industrial development.

Discussion ensued regarding a universal benefits assessment fee. Public Works staff recommends continuing benefits assessments based on a project-by-project basis.

Discussion ensued regarding implementing a septage major facilities fee relative to the disposal of septage from private sewer systems. The fee would be applied to new homes only to help pay for the costs of septage infrastructure upgrades to the wastewater plant. The other alternative to this scenario would be to increase the septage dumping rates at the wastewater plant.

Commissioner Hodge stated that he would like to have information on septage rates from within a fifty-mile radius of the county, and sewer and connection fees within a twenty-mile radius of the county. He feels that the county needs to remain competitive in the region to attract economic growth.

County Administrator Wein advised the Board that the study information will be forwarded to the new Board members and a separate meeting to discuss these issues will be scheduled.

Miscellaneous
Town of Perryville property – County Administrator Wein stated that Town officials have requested assistance with mowing. The recommendation from Public Works staff is deny the mowing request due to lack of staff and equipment.

The Board concurred with the recommendation and directed County Administrator Wein to provide Town officials with a list of vendors the county has used for mowing/landscaping contracts.

Closed Meeting Minutes – County Administrator Wein stated that the County has received a request for a copy of the minutes from the December 21, 2010 closed session meeting. He referred to the Annotated Code of Maryland relative to the voting procedure to release closed session minutes.

Motion was made by Commissioner Hodge, seconded by Commissioner Broomell, the Board voted unanimously to deny the request for a copy of the closed session minutes of the December 21, 2010 meeting due to the on-going negotiations relative to collective bargaining.

Commissioner Items

President Mullin advised the Board that the Upper Shore Regional Council has an opening for another Commissioner to serve as a voting member of the Council. Commissioner Broomell has agreed to serve as the third representative from Cecil County.

Public Works updates - Director Flanigan stated that the Appleton Road Bridge would be closed starting today to traffic. Detour signs have been posted at logical turning areas to assist motorists with travel around the detour. He continued stating that Knights Corner Road would be closed for bridge repairs. He announced that a public meeting has been scheduled relative to Razor Strap Road improvements and letters will be mailed to property owners who would be impacted by the road improvements.

CLOSED SESSION

10:45 AM - Motion made by Commissioner Dunn, seconded by Commissioner Broomell, the Board unanimously voted to go into closed session pursuant to the Maryland Annotated Code-State Government 10-508(a) (1) To discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction, or other personnel matter that affects one or more specific individuals; 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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