Cecil County
Home MenuNovember 30, 2010
Board of County Commissioners
Worksession Minutes
November 30, 2010
PRESENT: Commissioners Lockhart, Demmler, Mullin, Tome, and Hodge; County Administrator Al Wein, Public Works Director Scott Flanigan; Planning and Zoning Director Eric Sennstrom; Human Resources Director Donna Nichols; Permits and Inspections Director Pat Conway; Emergency Services Director Richard Brooks; Budget Manager Craig Whiteford; Executive Office Administrator Vicky Rinkerman; County Counsel Norman Wilson; Town of Charlestown President Robert Gell and Town Administrator Pumpaly; members of the press, and members of the public.
OPEN SESSION9:00 a.m.
Trinity Woods sewer – County Administrator Wein stated that at a previous worksession, the Board had requested Counsel Wilson to review the sanitary sewer agreements with the Town of Charlestown relative to the sanitary sewer billing arrangement with the County.
Counsel Wilson cited Section 6.C (5) of the November 30, 1993 agreement as amended, which states, "Should it be mutually advantageous to extend County owned and operated facilities into an area to be annexed or has been annexed into the Town, the County shall maintain ownership and jurisdiction and all County Sanitary Rate Structure Fees shall apply". He advised the Board that this statement in the agreement affirms the County's right to bill the residents of Trinity Woods at the county rate. He stated that the sanitary sewer system in Trinity Woods is County owned and served regardless of the annexation into the Charlestown town limits. The subsequent agreements between the town and county do not change the sewer billing arrangement in this development
Discussion ensued regarding approximately thirty properties in the Charlestown Manor development, which are located within the town limits, but are billed at the County sewer rate.
President Gell stated that the residents of Trinity Woods feel that they should pay the same sewer rate as the rest of the town residents because the development was annexed into the town limits.
Discussion ensued regarding the maintenance service agreement between the county and town for the sewer system located within the town limits.
On motion by Commissioner Demmler, second by Commissioner Mullin, the Board concurred by a vote of 4-1 to authorize the County Administrator to amend the letter by adding the section cited by Counsel Wilson, and mail to the Town of Charlestown denying their request to discontinue billing the residents of Trinity Woods at the County's sewer rate. Vote: Lockhart-Y, Demmler-Y, Mullin-Y, Tome-N, Hodge-Y.
Draft bid #11-22 Hydraulic Excavator and Draft bid #11-23 Motor Grader- Director Flanigan stated that staff has worked with the purchasing department to determine if purchasing used equipment would be of greater economic value to the county. The bid would permit contractors/bidders to submit a proposal for new and used equipment. The bids would be evaluated and a recommendation to purchase new or used equipment would be forwarded to the Board.
The Roads Division budget has funds available to purchase a new hydraulic excavator; however, if there were enough cost savings from purchasing a used excavator, they would like to purchase a motor grader also. The department usually rents a motor grader machine when necessary and the use has increased enough to warrant purchasing the piece of equipment.
In response to a question from President Lockhart, Director Flanigan stated that a two-week delay on a decision would not be detrimental. The Board concurred to defer the decision for the incoming Board of Commissioners.
Ethics Commission – County Administrator Wein stated that the County received a letter from the State Ethics Commission approving the revisions to the local ordinance. However, he recommended that the Board postpone a decision until new guidelines are provided by the State Ethics Commission relating to last year's legislation. The ethics form will be available on line through our website.
The Board concurred to postpone the revisions to the Ethics Ordinance.
CCPS Capital Improvement Plan (CIP) letter – County Administrator Wein stated that the letter is preliminary approval for public school capital projects to secure state funds; however, approval of the proposed projects are dependent on the outcome of our CIP budget process. The letter does not obligate any county funds for the proposed projects. The three systemic projects being granted preliminary conditional approval are Rising Sun High School/mechanical; Perryville High School/ceiling; and North East High School/elevator.
In response to a question from Commissioner Hodge, County Administrator Wein stated that the State approved planning for the Perryville Elementary project; however, the County did not provide the matching funds through the CIP budget. Relative to securing State funds, the Perryville project is ahead of other projects; however, the County has suggested that public school officials review the scope of the project.
On motion by Commissioner Demmler, second by Commissioner Tome, the Board unanimously approved the letter as presented.
Request to Fill Positions – Director Nichols reviewed the request to fill four positions, which are in the budget.
The Board unanimously concurred to authorize the Human Resource department to proceed with filling the positions as presented.
Rezoning Hearing – Director Sennstrom reviewed the rezoning request that the Board will consider at a 2:00 p.m. meeting this afternoon.
Director Sennstrom stated that the request from Mr. Ellis Rollins is for a modification in the critical area buffer to install a swimming pool on his property, and not a rezoning change for the property. The Planning Commission and Planning and Zoning staff has recommended approval of the request. If the application were approved at the county level, the decision would be forwarded to the Critical Area Commission for approval.
Director Sennstrom stated that the rezoning request from Charles Roosa, who is representing the Connor's, is to rezone several parcels located just outside the Charlestown town limits. The Connor's would like to rezone the property from residential to commercial due to the location being within close proximity to a bar/restaurant, railroad tracks, and state highway. The Planning Commission and Planning and Zoning staff has recommended disapproval of the request based on the applicant's failure to meet the criteria for a substantial change in the character of the neighborhood. The Board will hear testimony today on both applications, and would render a decision at the December 7 Commissioners meeting.
Commissioner Items
Commissioner Mullin stated that he attended the Cecil Soil Conservation Annual Banquet and presented a certificate on behalf of the Board to Holly Hill Farms for Cooperator of the Year.
Adjournment
9:40 a.m. – Being no further business, the worksession meeting was adjourned.
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Worksession Minutes
November 30, 2010
PRESENT: Commissioners Lockhart, Demmler, Mullin, Tome, and Hodge; County Administrator Al Wein, Public Works Director Scott Flanigan; Planning and Zoning Director Eric Sennstrom; Human Resources Director Donna Nichols; Permits and Inspections Director Pat Conway; Emergency Services Director Richard Brooks; Budget Manager Craig Whiteford; Executive Office Administrator Vicky Rinkerman; County Counsel Norman Wilson; Town of Charlestown President Robert Gell and Town Administrator Pumpaly; members of the press, and members of the public.
OPEN SESSION9:00 a.m.
Trinity Woods sewer – County Administrator Wein stated that at a previous worksession, the Board had requested Counsel Wilson to review the sanitary sewer agreements with the Town of Charlestown relative to the sanitary sewer billing arrangement with the County.
Counsel Wilson cited Section 6.C (5) of the November 30, 1993 agreement as amended, which states, "Should it be mutually advantageous to extend County owned and operated facilities into an area to be annexed or has been annexed into the Town, the County shall maintain ownership and jurisdiction and all County Sanitary Rate Structure Fees shall apply". He advised the Board that this statement in the agreement affirms the County's right to bill the residents of Trinity Woods at the county rate. He stated that the sanitary sewer system in Trinity Woods is County owned and served regardless of the annexation into the Charlestown town limits. The subsequent agreements between the town and county do not change the sewer billing arrangement in this development
Discussion ensued regarding approximately thirty properties in the Charlestown Manor development, which are located within the town limits, but are billed at the County sewer rate.
President Gell stated that the residents of Trinity Woods feel that they should pay the same sewer rate as the rest of the town residents because the development was annexed into the town limits.
Discussion ensued regarding the maintenance service agreement between the county and town for the sewer system located within the town limits.
On motion by Commissioner Demmler, second by Commissioner Mullin, the Board concurred by a vote of 4-1 to authorize the County Administrator to amend the letter by adding the section cited by Counsel Wilson, and mail to the Town of Charlestown denying their request to discontinue billing the residents of Trinity Woods at the County's sewer rate. Vote: Lockhart-Y, Demmler-Y, Mullin-Y, Tome-N, Hodge-Y.
Draft bid #11-22 Hydraulic Excavator and Draft bid #11-23 Motor Grader- Director Flanigan stated that staff has worked with the purchasing department to determine if purchasing used equipment would be of greater economic value to the county. The bid would permit contractors/bidders to submit a proposal for new and used equipment. The bids would be evaluated and a recommendation to purchase new or used equipment would be forwarded to the Board.
The Roads Division budget has funds available to purchase a new hydraulic excavator; however, if there were enough cost savings from purchasing a used excavator, they would like to purchase a motor grader also. The department usually rents a motor grader machine when necessary and the use has increased enough to warrant purchasing the piece of equipment.
In response to a question from President Lockhart, Director Flanigan stated that a two-week delay on a decision would not be detrimental. The Board concurred to defer the decision for the incoming Board of Commissioners.
Ethics Commission – County Administrator Wein stated that the County received a letter from the State Ethics Commission approving the revisions to the local ordinance. However, he recommended that the Board postpone a decision until new guidelines are provided by the State Ethics Commission relating to last year's legislation. The ethics form will be available on line through our website.
The Board concurred to postpone the revisions to the Ethics Ordinance.
CCPS Capital Improvement Plan (CIP) letter – County Administrator Wein stated that the letter is preliminary approval for public school capital projects to secure state funds; however, approval of the proposed projects are dependent on the outcome of our CIP budget process. The letter does not obligate any county funds for the proposed projects. The three systemic projects being granted preliminary conditional approval are Rising Sun High School/mechanical; Perryville High School/ceiling; and North East High School/elevator.
In response to a question from Commissioner Hodge, County Administrator Wein stated that the State approved planning for the Perryville Elementary project; however, the County did not provide the matching funds through the CIP budget. Relative to securing State funds, the Perryville project is ahead of other projects; however, the County has suggested that public school officials review the scope of the project.
On motion by Commissioner Demmler, second by Commissioner Tome, the Board unanimously approved the letter as presented.
Request to Fill Positions – Director Nichols reviewed the request to fill four positions, which are in the budget.
The Board unanimously concurred to authorize the Human Resource department to proceed with filling the positions as presented.
Rezoning Hearing – Director Sennstrom reviewed the rezoning request that the Board will consider at a 2:00 p.m. meeting this afternoon.
Director Sennstrom stated that the request from Mr. Ellis Rollins is for a modification in the critical area buffer to install a swimming pool on his property, and not a rezoning change for the property. The Planning Commission and Planning and Zoning staff has recommended approval of the request. If the application were approved at the county level, the decision would be forwarded to the Critical Area Commission for approval.
Director Sennstrom stated that the rezoning request from Charles Roosa, who is representing the Connor's, is to rezone several parcels located just outside the Charlestown town limits. The Connor's would like to rezone the property from residential to commercial due to the location being within close proximity to a bar/restaurant, railroad tracks, and state highway. The Planning Commission and Planning and Zoning staff has recommended disapproval of the request based on the applicant's failure to meet the criteria for a substantial change in the character of the neighborhood. The Board will hear testimony today on both applications, and would render a decision at the December 7 Commissioners meeting.
Commissioner Items
Commissioner Mullin stated that he attended the Cecil Soil Conservation Annual Banquet and presented a certificate on behalf of the Board to Holly Hill Farms for Cooperator of the Year.
Adjournment
9:40 a.m. – Being no further business, the worksession meeting was adjourned.
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