How did Cecil County Waste $30 Million on Seneca Point?

Why would anyone agree to pay $30 million for a project that should only cost the County $3 million? That’s exactly what happened on May 21st when Council members Hodge, McCarthy and Bowlesby voted to support the Seneca Point Waste Water Treatment Plant Project which incorporates the Membrane Bio Reactor (MBR) Filters. While it’s a fact that Seneca Point is mandated to go to Enhanced Nutrient Removal (ENR), our consultant (GHD) has stated and the Maryland Department of the Environment (MDE) has verified that the denitrification filter is the cheapest way to meet this standard.

However, the 3 council members voted for MBR despite Director Flanigan’s failure to provide justification and even after the Citizen’s Budget Advisory unanimously voted in opposition and President Hodge had previously agreed Director Flanigan should have to show comparison data.  Also, a concerned citizen, Ron Hartman, who retired from the waste water treatment supply business, conducted research on his own and seriously questioned this decision.

Council members Hodge, McCarthy and Bowlesby claimed Director Flanigan met the burden because he’s the expert and chastised me for questioning his decision. Why wouldn’t they question him after it was discovered that Director Flanigan intentionally withheld information? The Board of County Commissioners and the Council were never provided letters from MDE and our Consultant (GHD) confirming that denitrification filters were the most inexpensive way to get ENR. Instead Director Flanigan advised the Board of Commissioners that there was a $60 million ENR project which MDE was mandating and the Commissioners needed to figure out how they were going to fund it. It was Treasurer Bill Feehley who mentioned the existence of the MDE and GHD letters when he agreed that the MBR Project was unnecessary and costly . (Both the MDE and GHD letters are posted on this website)

After I received copies of the letters in question, I forwarded to Councilman Dunn and previous Commissioner Mullin for their feedback and they emphatically agreed that it shed a whole different light on the cost and true scope of the ENR project.

Continuing his pattern of deceit, Director Flanigan also misled the Council with his statement on April 16, 2013 that the Board of County Commissioners had already committed to the MBR Project on August 16, 2011 during a Commissioner Meeting. To get a more informed idea on what that vote entailed on August 16, 2011, you had to listen to the work session audio in which Commissioner Hodge verified with Director Flanigan that this vote only obligated the County to spend $100,000 to complete engineering design using the GE MBR Zeenon Filter and did not obligate the County to commit to the MBR Process.

Why would anyone support this project if our consultant (GHD) and MDE confirmed that the denitrification filters are the most inexpensive way to get to ENR and would only cost the county around $3 million to complete? Why would the County Executive and the 3 council members not require their expert to provide evidence when so many concerns have been raised that we are wasting $40 million? Developers have already verified that the drastically increased hook up costs will only drive away business and rate payers have strongly objected that they will have to pay increased fees towards these capital costs. But everyone should be objecting because increased hookup fees and rates will not even begin to cover this debt and then it will be all the taxpayers who end up paying the bill.

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Ethic Struggles in Cecil County

Mr. Hodge stated his concern that I knew details of the Ethics Commission deliberations.  He already is aware of my efforts on increasing disclosure requirements in Cecil County Government  I have promoted and it’s been passed that Directors of County departments have to provide full disclosures and attorneys and ethics commission members are also responsible for filing the short form.  I agreed with the Ethics Commission when they raised a concern that under Charter, they would operate at the discretion of the County Executive.  Their fear was that the County Executive could remove members at her whim and that actually came to pass recently when County Executive Moore removed Walter Rozanski from the Ethics Commission for comments he made regarding County Council Member, Robert Hodge. 

Walt Rozanski called Mr. Hodge unethical.  I agree that comments like that could be interpreted that Mr. Rozanski may not be able to remain impartial when it comes to deliberating on ethics complaints against Mr. Hodge.  However, did Mr. Rozanski give up his first amendment right when he became an ethics commission member?  Was he ever asked why he believed Mr. Hodge was unethical?  Ms. Moore didn’t but I did.  Mr. Rozanski said his comment was based on Mr. Hodge’s statements regarding illegal bulk liquor sales from Cecil County to New York.  Mr. Hodge thought there was nothing wrong with it because the liquor stores weren’t breaking any Cecil County liquor laws. However, Mr. Rozanski pointed out that the Cecil County liquor stores were breaking federal laws: money laundering and wiretap laws punishable up to 20-30 years in prison and some very hefty fines.

And it should be pointed out that Ms. Moore never spoke out or raised objections to previous Ethics Commission Chairman Burns’ comments when he publicly shared his personal opinions attacking certain elected officials. What is even more troublesome is that Ms. Moore removed Rozanski at a key opportune time: right before a complaint was being answered.  I’m not permitted to speak on this complaint but know about it because I filed it.  I can speak about the comments made by the Ethics Board because deliberations on issues are not private. 

Wasn't it hypocritical for her to remove Mr. Rozanski and then pledge to put in a resolution to provide the Ethics Commission the autonomy from her influence?  Why wasn't he provided a warning or recourse for appeal instead of an all out dismissal? Yes, I would have to agree that Walter is someone I respect and appreciate.  I met Walter at the very first Drug Awareness Meeting I organized two years ago.  He asked me what I was going to do about the crime problem plaguing Cecil County.  I responded with, “Good Question, what do you propose I do?”    I challenged Walt to get involved.  He isn’t afraid to stand up and speak out  and he works hard to try and make a positive difference in the County because this is his home.  On his own time, he attends many work sessions, legislative meetings, ethics commission meetings, drug and alcohol council meetings and interjects on face book comments when he’s got something to say. 

Another issue Mr. Rozanski and other ethics commission members have been concerned about are the registering of lobbyists.  Why is it that in Cecil County we have never had a registered lobbyist?   The County Attorney, Jason Allison, advises the Ethics Commission.  When I asked how he would propose going about getting lobbyists to register, he turned the question around and asked if I was accusing businesses of not properly registering?!

So, once again, the deliberations of Ethics Complaints are confidential but the deliberations by the Ethics Commission on ethics issues are not and anyone can attend their meetings on the 3rd Monday of the month.  Why wouldn’t I ask the Ethics Commission about their deliberations on the issues?  I have always been concerned about the integrity of the ethics process.  We all should be.

The Comprehensive Rezoning Process and Cecil County Government have been Compromised

On Tuesday, June 4, many residents attended the Cecil County Council Legislative Meeting and were shocked by the arrogance of power displayed by County Executive Moore and supported by Council Members Hodge, McCarthy and Bowlesby. 

County Executive Moore submitted Resolution No. 57-2013 ""Litigation Settlement  - York Building Products, Co., Inc. v. Cecil County, Maryland". 

Why was this case being settled when court proceedings strongly indicated that Cecil County Government would win their case against York Building Products?  In my opinion - and many others - County Executive Moore and the 3 Council members (Hodge, McCarthy and Bowlesby) were acting in the best interest of York Building Products and invalidated the integrity of the Comprehensive Rezoning Process.  I was shocked to find out later that the consent order had already been signed  and time stamped into the record.  It appears to be a done deal and we were told by County Administrator, Al Wein, that we would have to consult with our Council Attorney - thanks to Hodge, McCarthy and Bowlesby just happens to be the County Executive's attorney - to find out if it really is a done deal.

This is just another indication that Charter Government is a complete failure.  Checks and balances have been removed and special interests pretty much have unilateral control of our county.  In my opinion, you will continue to see special interests use Cecil County as their own personal piggy bank. 

Link to my comments during the Legislative Meeting.

Link to public comments during the Legislative Meeting.