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Meeting Minutes
posted: 02/21/07
County Council Meeting Minutes
January 2, 2007
County Council of Regular Meeting Minutes January 2, 2007 The County Council of Dorchester County met in regular session on January 2, 2007 with the following members present: Present were William V. Nichols, President; Jay Newcomb, Vice President; Effie M. Elzey; Ricky Travers; Rick Price. Also present were E. Thomas Merryweather, REGULAR SESSION
EXECUTIVE SESSION
The Council adjourned from a Regular Session and convened in a closed Executive
Session pursuant to paragraph (1)(i) of Section 10-508(a) to discuss employment of employees; pursuant to paragraph (3) of Section 10-508(a) to consider the acquisition of real property for a public purpose and matters directly related thereto; and pursuant to paragraph (7) of Section 10-508(a) to obtain legal advice; and pursuant to paragraph (8) of Section 10-508(a) to obtain consult with staff, consultants or other individuals about pending or potential litigation; and pursuant to paragraph (14) of Section 10-508(a) before a contract is awarded or bids are opened, to discuss a matter directly relating 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. Voting in favor of the closed Executive Session were all Council members. REGULAR SESSION INVOCATION AND PLEDGE OF ALLEGIANCE Councilman Nichols led the invocation and Councilman Newcomb led the pledge of allegiance. CALL FOR ADDITIONS OR DELETIONS TO AGENDA The Council agreed to the deferral of the presentation of a commendation to Donald Holdt until the next meeting on January 16, 2007 as Mr. Holdt was unable to attend this meeting. APPROVAL OF MINUTES-DECEMBER 19, 2006 The Council approved the minutes for December 19, 2006 as presented. APPROVAL OF DISBURSEMENTS The Council approved vouchers as presented with Councilman Travers abstaining for any vouchers for Simmons Center Market. FINANCIAL REPORT: CASH AND INVESTMENTS Councilman Nichols reported total cash and investments as $14,688,556.30. Payment Authorization-Recreation and Parks The Council approved the Budget Transfer Request of Payment Authorization-Board of Education The Council approved the Payment Authorization requested by Frederick Hildenbrand, Superintendent of Schools in the amount of $4,422.88 from FY 04 Capital funds of which $1,120 is for Maces Lane Middle School Construction, $3,290 is for paving, sidewalk and curb repair and $12.88 is for technology. The Council approved the Payment Authorization requested by Frederick Hildenbrand, Superintendent of Schools in the amount of $120,321.04 from FY 05 PAYGO funds of which $56,464.40 is for the replacement of sewage tile field at North Dorchester High School; $44,862.80 is for the replacement of sewage tile field at North Dorchester Middle School; $1,000.01 is for mechanical equipment renovation at the Hurlock Elementary School; $11,989.92 is for Technology; $2,281.67 is for equipment and furniture and $3,722.24 is for the Judy Center Building Envelope. The Council approved the Payment Authorization requested by Frederick Hildenbrand, Superintendent of Schools in the amount of $39,060 from FY06 PAYGO funds of which $950 is for HVAC at the The Council approved the Payment Authorization requested by Frederick Hildenbrand, Superintendent of Schools in the amount of $360,155.20 from FY07 PAYGO funds of which $189,770.50 is for North Dorchester Middle School replacement costs, $16,770.38 is for the South Dorchester building envelope, $74,000 is for the North Dorchester High School gym roof replacement, is $1,721.80 for temporary classrooms at Warwick Elementary School, $7,000 is for School of Technology fees and specs for building replacement, $6,985.14 is for portable classrooms at Vienna Elementary School and $63,907.38 is for non-systemic projects. Proclamation-Girl Scout Cookie Week The Council presented a proclamation declaring the week of January 8, 2007 as Girl Scout Cookie Sale Program Week. Vicky Stanley, Service Unit Manager and Anne Robbins, troop leader of Girl Scout Troup 844 accepted the proclamation on behalf of the Girl Scouts. Commendation of Appreciation-Donald Holdt The Council deferred the presentation of a Commendation of Appreciation to Donald Holdt until the January 16, 2006 meeting. REGULAR SESSION LEGISLATION Council adjourned to Legislative Session. INTRODUCTION Council introduced AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY, MARYLAND DECLARING THAT CERTAIN PARCEL OF LAND SITUATE ON THE WEST SIDE OF BUCKTOWN ROAD AND ON THE NORTH SIDE OF STONE BOUNDARY ROAD, CONTAINING 110.1520 ACRES OF LAND, MORE OR LESS, IN THE CAMBRIDGE ELECTION DISTRICT OF DORCHESTER COUNTY, MARYLAND AND BEING THAT TRACT OF LAND SHOWN AND LAID DOWN AS “ROLAND W. WEBSTER AND LOIS E. WEBSTER, TRUSTEES OF THE ROLAND W. WEBSTER REVOCABLE TRUST…” PREPARED BY MORRIS & RITCHIE ASSOCIATES, INC., SURVEYORS, DATED SEPTEMBER 9, 2004 AND LAST REVISED ON MAY 23, 2005 AND RECORDED AMONG THE PLAT RECORD BOOKS OF DORCHESTER COUNTY, MARYLAND ON MAY 24, 2005 IN PLAT LIBER 51, FOLIO 76 IS NO LONGER NEEDED FOR PUBLIC USE BY THE COUNTY AND PROVIDING FOR THE CONVEYANCE OF SAID LAND TO MARYLAND ECONOMIC DEVELOPMENT CORPORATION FOR THE CONSIDERATION OF $1,135,800 MILLION. E. Thomas Merryweather, County Attorney, stated that a requirement of the title insurance company that will be insuring the commercial transaction of the property located on Bucktown Road for the purpose of the extension of the Airport Runway and the Technology Park in the amount of approximately 110.1520 acres is that legislation be passed by the Council to declare the property no longer needed for public use in order to transfer the land to the Maryland Economic Development Corporation to be developed as a Technology Park. He said that this once this matter is introduced it should be immediately scheduled for a public hearing as the conveyance of the property will be in the near future. The Council agreed to proceed with publication of the public hearing on this matter. INTRODUCTION Council introduced RESOLUTION ADOPTING A SCHEDULE FOR CIVIL PENALTIES FOR VIOLATIONS OF CHAPTER 78 OF THE DORCHESTER COUNTY CODE ENTITLED “DOG CONTROL” PURSUANT TO BILL NO. 2006-7 OF THE COUNTY COUNCIL OF Mr. Merryweather stated that the Resolution for Adopting a Schedule of Civil Penalties for violations of Chapter 78 of the Dorchester County Code entitled “Dog Control” was introduced and a public hearing held on October 3, 2006 but that the resolution at that time contained two typographical errors in the amount of the fines for violation of Section 78-5(H) and Section 78-5(I). He stated that the fines should have been $100 for the first offense and $500 for the second offence for violation of these sections and instead it was noted that they were $50 for the first offense and $100 for the second offense. According to Mr. Merryweather due to the substantive nature of the correction, the resolution needed to be again presented for public comment. The Council agreed to proceed with publication of the public hearing on this matter. REGULAR SESSION MEMORANDUM OF UNDERSTANDING-RIVER WALK EASEMENT-CITY OF Ms. Baynard stated that the City of Ms. Baynard advised the Council of two concerns with the terms of the memorandum: there is a current six feet utility easement for a gas line that runs at the center of the property identified for the River walk easement and that the 15 feet requested may be too wide based on the existing front patio footprint and some of the landscaping features. She further stated that the Council should prohibit parking for visitors using the river walk when the Councilman Travers reiterated that there would be no cost to the County as the City of Councilman Nichols recommended a ten foot easement instead of the requested 15 foot. Councilman Travers expressed concern that the ten foot easement would not meet the requirements for the river walk to be handicapped accessible. Councilman Nichols stated that he believed that ten feet would be sufficient as sidewalks are handicapped accessible and are only approximately five to six feet wide. In response to a question from Councilman Newcomb concerning who would be responsible for the repair to the gas line if any occurred due to the construction of the river walk, Ms. Baynard stated that the County, as the adjoining property owner would be responsible for the gas line as well as the maintenance of the river walk once it is constructed. Ms. Baynard advised the Council that Mr. Merryweather had reviewed the Memorandum and had no adverse comments concerning the river walk easement. The Council deferred a decision on the Memorandum of Understanding for a River Walk Easement between the County and the City of Cambridge until its next meeting on January 16, 2007 and requested that staff contact the City of Cambridge to ask if they would be willing to amend the easement from 15 feet to 10 feet provided the design would be ADA compliant; allow staff time to research the existing gas easement; and to ensure that any final specifications are approved by Council. REQUEST FOR LETTER OF SUPPORT-GOLF CARTS-TOWN OF Ms. Baynard advised the Council that the Town of Phyllis Murphy, Commissioner of the Town of In response to a question from Councilwoman Elzey as to who would enforce the ordinance, Commissioner Murphy said that the Town of In response to a question from Councilman Nichols as to whether the Sheriff was contacted, Commissioner Murphy said that Town officials did not do so but Ms. Baynard stated that she had contacted the Sheriff who advised her that he would support the decision of the Council and that the only concern he expressed was whether other local municipalities would seek similar use allowances under State law, citing two municipalities that would require enforcement by the Maryland State Police for all roads in their municipal boundaries. Commissioner Murphy stated that all roads in the Town of Based on Ms. Baynard’s suggestion, the Council agreed to execute a conceptual letter of support to allow the operation of golf carts in the Town of Commissioner Murphy thanked the Council for their decision to execute a letter of support. FUNDING OPPORTUNITY WITH Ms. Baynard advised the Council that Natalie Chabot, Tourism Director, was requesting approval to enter into a funding opportunity with the Maryland Office of Tourism, based on the Heritage Area Advisory Group’s recommendation that the Bucktown Village Store site be included in a brochure detailing documented Underground Railroad programs in the State of Councilwoman Elzey questioned whether the site in fact can be designated as a historic site, based on historians disagreement that the site is the actual location where Mrs. Tubman was injured. Councilwoman Elzey stated that it was her understanding that it has been proven that the Bucktown Village Store was not a historically correct site in relation to the Underground Railroad. She said that the store is close to the historic area and similar to where the events could have happened but the structure is not a true historical site. Councilman Nichols agreed that the store was not a historic building in relation to the Underground Railroad. Ms. Baynard stated that the Council could advise Ms. Chabot that she has the authority to enter into the funding agreement with the Maryland Office of Tourism as long as there is a notation made in the brochure that the Bucktown Village Store is not an historical site but is the vicinity of what occurred when the Underground Railroad was in place. Based on a question from Councilwoman Elzey, Ms. Baynard stated that the $1500 was to be used to prepare an application on behalf of the County for the Bucktown Village Store to be included in the brochure and not to produce the brochure. Councilwoman Elzey questioned whether Ms. Chabot would be preparing the application or if another individual would be involved in the preparation and asked who would be receiving the funding. Portia Ennals, a resident of The Council deferred the request of Ms. Chabot to pursue a funding opportunity with the Maryland Office of Tourism until clarification is received concerning the funding and if the brochure will contain a statement that the Bucktown Village Store is not a historic site upon which the Underground Railroad operated. Ms. Chabot joined the meeting at the end of the Manager Comments and based on Ms. Baynard’s suggestion, the Council requested that Ms. Chabot come forward and provide clarification on the funding and the labeling of the store in the brochure. Ms. Chabot advised the Council that the $1500 will be used to hire a researcher to prepare the application to the National Park Service to include the In response to Council’s concerns, Ms. Chabot stated that the brochure will showcase the interpretive programs that are provided at the store including biking tours and guide service in reference to Underground Railroad sites. Councilman Nichols expressed his concern that the mention of the Bucktown Village Store in the brochure may lead people to believe that an historic event occurred at the store that has not been proven. Councilwoman Elzey expressed her concern that the Council did not receive the proper documentation from Ms. Chabot in reference to this request for a funding opportunity and her concern that it was not clarified as to who the $1500 would be paid to for the research and preparation of an application. Ms. Chabot reiterated that the money would be used to hire a historian to complete the investigation. A motion to approve the request from Ms. Chabot for approval of the funding opportunity with the Maryland Office of Tourism failed due to lack of majority. BOARD APPOINTMENTS 911 ADVISORY BOARD The Council deferred the appointment of a Consumer Representative to the 911 Advisory Board in order for the Council to prepare a list of recommended names. AGRICULTURAL LAND PRESERVATION BOARD Ms. Baynard advised the Council that an appointment needed to be made to the Agricultural Land Preservation Board as the current appointment expired on December 31, 2006 and that Ralph Lewis was unable ineligible for reappointment because he served two consecutive five years terms, which is the maximum an individual can serve on the Board. The Council acknowledged that Mr. Lake’s term will expire on December 31, 2010. Based on a request from Councilwoman Elzey to send Mr. Lewis a thank you letter for his service on the Board, Ms. Baynard stated that a thank you letter is always sent to a departing member. AUDIT COMMITTEE The Council approved the appointment of Dave Thomas to the Audit Committee and deferred a second appointment until the Council’s January 16, 2007 meeting. The Council acknowledged that the Mr. Thomas’ term will expire on January 2, 2012. BUILDING CODE OF APPEALS BOARD Ms. Baynard stated that based on recommendations from the Council Members from previous meetings a list had been prepared listing those recommendations. She said that the individuals on the list were Bob Powell, building contractor; Tracey Wright, electrician; Steve Marshall, plumber; Timothy Saunders, building contractor. She reminded the Council Members that if they appoint those individuals they will need to appoint another building contractor according to the Resolution that established the Building Code of Appeals Board. The Council approved the appointment of Bob Powell, building contractor; Tracey Wright, electrician; Steve Marshall, plumber; Timothy Saunders, building contractor; and Glenn Ruark, building contractor and acknowledged that their terms will expire in November 2010. ELECTRICAL EXAMINERS BOARD The Council appointed Rick McCollister to the Electrical Examiners Board as a replacement for Edward Bradford, who was previously appointed, due to the fact that Mr. Bradford declined the appointment based on his work schedule. The Council acknowledged that Mr. McCollister’s term will expire on January 2, 2010. SEAFOOD RECONCILIATION COMMITTEE The Council reappointed Roger Morris to the Seafood Reconciliation Committee. The Council acknowledged that Mr. Morris’ term will expire on November 8, 2009. BOARD OF LICENSE COMMISSIONERS An appointment to the Board of License Commissioners for District 1 was deferred until the Council’s meeting on January 16, 2007. PLANNING COMMISSION Councilman Newcomb appointed Ralph Lewis as the District 1 appointment to the Planning Commission. The Council agreed to the appointment of Ralph Lewis and acknowledged that his term will expire on January 2, 2012. COUNCIL FOR SENIOR CITIZEN SERVICES Councilman Price reappointed Bertha Dockins to the Council for Senior Citizen Services as the District 4 representative. Councilman Nichols reappointed Dwight Cronwell to the Council for Senior Citizen Services as the District 2 appointment. Councilwoman Elzey confirmed the reappointment of Charlotte Lankford as the District 5 appointment to the Council for Senior Citizen Services. The Council agreed to the appointments for the Council for Senior Citizen Services. The Council acknowledged that the term for Ms. Bertha Dockins will expire on December 31, 2007 and that the terms for Mr. Cronwell and Ms. Lankford will expire on December 31, 2009. SISTER COUNTY PARTNERSHIP COMMITTEE Ms. Baynard advised the Council that pursuant to the Memorandum of Understanding the Council entered into with the Chamber of Commerce on December 1, 2006 to establish a Sister County Partnership Committee 15 appointments need to be made to the Committee including the appointment of seven local citizens, seven members of the Chamber of Commerce and a Chairperson. Councilwoman Elzey expressed her concerns that the Memorandum of Understanding did not include how many times the Committee would seek funds to continue visits between Councilman Nichols expressed his concern about how many visits the Germans would be making to In response to a question from Councilwoman Elzey, Roger Harrell, Director of the Health Department and a member of the Chamber of Commerce, stated that it was his opinion that the formation of a Committee was a good idea and that one of the first duties of the Committee should be developing guidelines. He advised that a lot of individual businesses also made financial contributions for expenses and events for the German delegation. In response to a question from Ms. Ennals as to the purpose of the partnership and how it would benefit her as a resident of the County, Councilman Nichols stated that the partnership allowed for an exchange of ideas on local government and would foster new business relationships with German firms. He stated that there is already one company operating in In response to a concern expressed by Ms. Ennals as to whether the requirement for 15 people on the Committee should be changed to a reduced number, Councilman Nichols stated that it was decided that there would be 15 members on the Committee as there has been problems with members showing up at meetings and that the large number would ensure that there would be a sufficient number of members at each meeting to conduct the business of the Committee. The Council agreed to defer appointing members to the Sister County Partnership Committee in order for the Council Members to prepare a list of names for recommendations to the Committee. STORM WATER MANAGEMENT FACILITY CONSTRUCTION MAINTENANCE AGREEMENT REVISIONS-PUBLIC WORKS Ms. Baynard advised the Council that the Public Works Department had worked with Mr. Merryweather to develop revisions to the Storm Water Management Facility Construction Maintenance Agreement that clarifies who and what the responsibilities are for continued requirements for maintenance of storm water management facilities. She stated that although the owners of the facilities are responsible for the maintaining and cleaning of the facilities, it is the County’s responsibility to ensure that they are properly maintained, installed and inspected. Council approved the Storm Water Management Facility Construction Maintenance Agreement revisions and authorized the preparation of a bill to revise the Agreement. REQUEST TO ADVERTISE-SOIL CONSERVATION The Council approved the request of Jim Newcomb, Soil Conservation Director, to advertise for a vacant Soil Conservation Grant Technician and gave him authority to advertise in-house and in the newspaper concurrently due to the limited applicant pool. The Council acknowledged that the position is a 100% reimbursed grant position. PUBLIC COMMENTS Ms. Ennals congratulated the staff members and Council members that attended the City of Sandra Moore Brown introduced herself as Pastor of the COUNCIL’S COMMENTS/ADJOURNMENT Based on a recommendation from Councilwoman Elzey, Council deferred the request from Jim Smith, County Executive, to sign a letter of support for the Aging Schools program for Baltimore County until they meet with Maryland Association of Counties officials to receive clarification of the program and requested that staff conduct a phone poll on Friday, January 5, 2007 as to whether or not the Council Members which to sign the letter of support. In response to a question from Councilwoman Elzey in reference to a response to a letter from Senator Richard Colburn asking for justification from the County and County businesses for keeping rail serve in the County, Ms. Baynard stated that Bradley Broadwell, Economic Development Director, is working on obtaining letters for companies and industries in Dorchester County that are interested in using the rail service and that he will advise Ms. Baynard on his status on January 3, 2007. In response to a ques | |||||||||
