Meeting Minutes

posted: 04/26/07

April 10, 2007

County Council of Dorchester County

Regular Meeting Minutes

April 10, 2007

 

The County Council of Dorchester County met in regular session on April 10, 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, County Attorney; Jane Baynard, County Manager and Donna Lane, Administrative Specialist.

 

REGULAR SESSION

EXECUTIVE SESSION

The Council adjourned from a Regular Session and convened in a closed Executive

Session pursuant to §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 and pursuant to §10-508(A)(4) to consider a preliminary matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State.     

 

Voting in favor of the closed Executive Session were all Council members.

 

REGULAR SESSION

 

INVOCATION AND PLEDGE OF ALLEGIANCE

Councilwoman Elzey led the invocation and Councilman Travers led the pledge of allegiance.

 

CALL FOR ADDITIONS OR DELETIONS TO AGENDA

 

APPROVAL OF MINUTES-March 27, 2007

 

The Council approved the minutes for March 27, 2007 as presented.

APPROVAL OF DISBURSEMENTS

The Council approved vouchers as presented with the exception of one for Economic Development until Ms. Baynard can verify the appropriateness of expense allowances. Councilman Travers abstained for Simmons Market.

 

FINANCIAL REPORT: CASH AND INVESTMENTS

 

Councilman Nichols reported total cash and investments as $ 8,006,261.23

CONTINGENCY EXPENDITURE REQUEST-FINANCE

 

The Council waived bids and approved the Contingency Expenditure Request of Mike Spears, Finance Director, to expend $3,770 from the FY07 Contingency Fund for software upgrades for the ACS software used by the Finance Department.   The Council acknowledged that due to the fact that the ACS system is a proprietary system, they are only allowed to purchase these upgrades from ACS.

 

REGULAR SESSION

PROCLAMATION-COUNTY GOVERNMENT WEEK  

 

The Council acknowledged that a proclamation was signed to deem the week of April 22 to April 28, 2007 County Government Week.

 

PROCLAMATION-CHIEF’S CHALLENGE

 

The Council issued a proclamation announcing that the Chief’s Challenge campaign will be held from April 3, 2007 to June 3, 2007  and encouraged the community’s participation in this important campaign which helps raise awareness concerning the need for all County citizens to use safety belts.  Lieutenant Corporal Timothy Ebeling accepted the Proclamation on behalf of the Dorchester County Sheriff’s Office.  Lieutenant Corporal Ebeling introduced Mr. and Mrs. Monica Russell, Ms. Kelly Elzey, Mr. William Wise, Ms. Jackie Roe, who have lost family members in motor vehicle accidents that involved not wearing seatbelts.

 

PROCLAMATION-ADMINISTRATIVE PROFESSIONALS WEEK-4/22/7 TO 4/27/7

 

The Council presented a proclamation declaring the week from April 22, 2007 to April 27, 2007 as Administrative Professionals Week.   Patsy Creighton accepted the proclamation on behalf of the Tidewater Chapter of the International Association of Administrative Specialists. She noted that Ruth Bradley, Bonnie Hurt, Linda Bradford, Carolyn Todd, were also present.

 

PUBLIC HEARING-WATER AND SEWER AMENDMENT REQUEST-MICHAEL MOORE

 

E. Thomas Merryweather, County, Attorney, noted that a public hearing was being held on a Water and Sewer Amendment Request filed by Michael Moore for property located on Route 16 and Creamery Lane known as Warwick Crossing, a residential subdivision, in the Town of East New Market. 

 

Steve Dodd, Planning and Zoning Director, advised the Council that an application was received by Mr. Moore, doing business as Warwick Crossing, to amend the County’s Water and Sewer plan to change the water and sewer zoning from S2 and W2 to S1 and W1 which is consistent with the Town of East New Market Comprehensive Plan.  Mr. Dodd stated that the S2 zone consists of a two to five year time period; the W2 zone consists of a five to ten year time period and the W1 and S1 zones consist of a two year time period for development.  He noted that land in question was 9.25 undeveloped acres and that there were 23 homes proposed for the site.  He stated that approval for the amendment has been received from the Town of East New Market and that the County’s Planning Commission voted that the change was consistent with the County’s Comprehensive plan.

 

Mr. Dodd advised the Council that one of the remaining issues that may affect Mr. Moore in building homes in the subdivision is what sewer capacity is still available in the Town of East New Market.  He explained that the Town of East New Market and the Town of Secretary share one sewer system and that there has been a draft study prepared on water sewer allocation remains.  He noted that the approval of the water and sewer amendment by the Council would not force the Town of the Twin Cities Commission which controls the sewer allocation to grant anything to the applicant.  He said that the amendment is a mapping amendment only and is consistent with the proposed project.  Mr. Dodd noted that the attorney for Mr. Moore and a staff member of Lane Engineering were present if the Council had any questions.

 

Mr. Dodd noted that the amendment process involves three steps including the review of the County Planning Commission, a public hearing and Maryland Department of Environment and Maryland Department of Planning approval.  He stated that he received a letter from Bill Forelifer, Director of the Dorchester County Health Department, noted that there was no objection to the requested amendment and that there was prior approval for a waste water allocation of 250 gallons per day per lot from the Twin Cities Commission and the Towns of Secretary and East New Market granted for the subdivision.

 

Ryan Showalter of Miles and Stockbridge introduced himself as the attorney for Michael Moore and stated that Mr. Dodd accurately characterized his client’s application for the water and sewer amendment.  He said that if the Council approves the amendment the Twin Cities Commission can determine what allocation can be given to the project.  He noted that State law stated that the County plan shall incorporate the provision of all municipalities in the County and local land use plans and said that it was his opinion that the project was consistent with those plans.  Mr. Showalter said that pursuant to the July 2005 meeting minutes of the Twin City Commission 23 taps were approved for Mr. Moore’s project and that Mr. Moore received from a letter dated August 1, 2005 from the Town of East New Market advising him of the Twin City decision.  He asked that the Council pass the amendment so that his client can complete the approval process with the Town of East New Market.

 

With no public comment, a motion was made by Councilman Price to approve the water and sewer amendment contingent upon the completion of the moratorium and the final water and sewer allocation study by the Town of East New Market and the Twin Cities Commission.  The motion was denied based on concerns expressed by Mr. Showalter that the contingency could have a negative impact on the decision of the Twin Cities Commission.

 

The Council unanimously approved the Water and Sewer Amendment request for Mr. Moore to amend the County’s Water and Sewer plan to change the water and sewer zoning from S2 and W2 to S1 and W2 for the 9.25 acres owed by Mr. Moore located on Route 16 and Creamery Lane known as Warwick Crossing, a residential subdivision, in the Town of East New Market. 

 

        

SHORE HEALTH SYSTEMS UPDATE-JOSEPH ROSS, CEO

 

Joseph Ross, CEO of the Shore Health Systems, updated the Council on Shore Health Systems.  He noted that July 1, 2006 Shore Health Systems entered into an affiliation with the University of Maryland Medical System.  Mr. Ross explained that a Shore Health Systems planning committee had been formed to study the needs and expectations of the medical for ongoing and expanded medical services for the five counties it provides medical services, namely, Caroline County, Queen’s Anne County, Talbot County, Kent County and Dorchester County. He noted that there is a total anticipated growth in these areas of 2000 within the next year and noted that there is a growth of the aging population in theses County’s which included Dorchester and Talbot Counties.

 

Mr. Ross noted that they are currently in the process of preparing for the construction of an Office Medical Building to be located on property next to the Dorchester General Hospital in Cambridge and that construction should be started in the summer of 2007.  He said that renovation of the emergency room at Dorchester General Hospital will begin with the next sixty days and that he believed the only thing that needed to be obtained for that construction to begin was a building permit.  He explained that primary health care needs to be expanded in Denton and that the construction of a new  Memorial Hospital at Easton, Inc. new emergency room is continuing and is scheduled to open in the fall of 2007.  He noted that the acute rehabilitation Unit at Memorial Hospital opened on April 1 and that the rehabilitation unit is for those individuals hospitalized for having strokes, or hip or joint replacements.  He noted that there were 13 patients placed in the 20 bed unit the first week it opened and that the goal is to admit patients from Dorchester General Hospital to this unit as well for rehabilitation.

 

Mr. Ross noted that due to the increased use of Memorial Hospital including an average of 25 admissions a day average and 80,000 outpatient visits  and the needs of the counties Shore Health System services it has been decided that a regional medical campus needs to be constructed.  He said that the Shore Health Systems Planning Committee is reviewing possible locations and will be doing an 18 to 24 month study concerning the additional of a regional medical campus.  He noted that if the new regional medical campus is not built in Easton, the Planning Committee will then be charged to develop a plan that defines the role and scope of the current medical facility in Easton including the continuation of ongoing emergency care, out patient services and education.

 

Mr. Ross advised the Council that Shore Health Systems is committed to expanding Dorchester General Hospital on its current site and will also expand the System’s Denton and Centreville out patient services.

 

In response to a question from Councilman Travers as to whether or not more beds will be added to the emergency room at Dorchester General Hospital, Mr. Ross stated that there will be no beds added but the room will be made bigger and that private bed spaces will be constructed.

 

In response to a question from Wendell Foxwell, a resident of Dorchester County, as whether or not the new medical center slated to be built in Kent Island would be a full service hospital, Mr. Ross stated that the center is being built as a medical office building and urgent care walk in clinic which will provide beds for patient and will cut down the number of ambulance leaving Queen Anne County as the space will be available for ambulances to bring patients to the center.  He stated that there will still be certain types of emergencies that will require individuals to be transported to a hospital facility.  He noted that the center will have cameras and monitors at each bedside to allow physicians and specialist to participate in Medicare care electronically.

 

In response to a question from Councilwoman Elzey as to whether or not a new Memorial Hospital in Easton will be built, Mr. Ross stated that the vision is a new regional medical center and that the center will not replace Memorial Hospital but that it will have to be determined what services will still be located and made available at that location.

 

Mr. Ross noted that the Town of Easton has offered a 90 acre site to Shore Health Systems to place the regional medical center on but that there are some issues with the site being near the Airport, including the fact that there is a 65 foot height restriction in that area that may make it necessary to add parking garages.  He noted that the 90 acre property may not meet their space needs.

 

The Council thanked Mr. Ross for his update on Shore Health Systems and requested that he keep them advised of any future developments.

 

LEGISLATIVE LIAISON UPDATE-DON BRADLEY

 

Don Bradley, Dorchester County Legislative Liaison,  advised the Council that the last day of the 2007 Maryland General Assembly Legislative Session was yesterday, April 9, 2007.  He stated that, in his opinion, the most significant bill that passed during the session was the statewide smoking ban which will be effective as of February 1, 2008.  He noted that a three year waiver can be obtained from local health departments if a business can prove financial hardship due to the ban.

 

Mr. Bradley stated that the Governor’s Budget passed and that he used almost a billion dollars in one time “Rainy Day” money to balance the budget that will not be available for use next year.  He said that the $400 million in Educational funding was included in the budget.

 

He told the Council that all of the Dorchester County liquor bills passed as well as the Urban Renewal Authority bills for Brookview, Eldorado and Galestown, which are enabling bills.

 

He noted that most of the bills that required spending were not passed because more revenue sources are needed in order to fund those bills.

 

Mr. Bradley said that Thomas Mike Miller, President of the Senate, expressed interest in extending the legislative session by that Michael Busch was against extending the session.

 

He advised the Council that it was his opinion that the Council should submit any legislation they would like to have introduced in the 2008 Maryland General Assembly legislative session October 2007 as he anticipates the 2008 session will be a busy session.

 

Mr. Bradley stated that there was a debate over slots and that he anticipates there will be legislation introduced next year to increase the sales tax by a penny and increase the gas tax.  He said that the Oyster Seed legislation and legislation for a pilot program in Dorchester and Talbot County’s for unattended off sales of fuel for boats passed.

 

In response to a question from Councilman Newcomb as to how the sales of fuel for boats will be handled, Mr. Bradley said that a card system will be used to purchase the fuel.

 

Mr. Bradley said that the legislation extended Maryland Heritage Area funding from five years to ten years passed, which would greatly benefit Dorchester County.

 

Mr. Bradley advised the Council that he would be attending the Public Works meeting on Wednesday, April 18, 2007 during which the Backwater Development agreement will be signed and that he will be meeting with George Keller, the point person for the Madison Woolford Sewer Extension project, to determine when a meeting can be held with the Council.  He said that he was hopeful that the Council would be able to meet with Mr. Keller and other State officials concerning the project by the end of the month.

 

In response to a question from Councilman Travers, Mr. Bradley stated that no smoking will be allowed in indoor places with the exception of a tobacco or cigar store and that he believed that the local police department will be enforcing the ban and issuing municipal infractions.

 

In response to a question from Ms. Baynard as to what is the anticipated structural deficit for the State of Maryland, Mr. Bradley said that it was between $1.4 million and $1.6 million.

 

In response to a question from Ron Tiller, a resident of Dorchester County, as to the requirements that needed to be met to show a financial hardship in order to obtain a three year waiver on the smoking ban, Mr. Bradley said that there were not specific requirements outline in the legislation and that the health office in each county in the State of Maryland will make the final decision on whether a business has suffered a financial hardship.

 

The Council thanked Mr. Bradley for his last 2007 Maryland General Legislative Assembly update.

 

ROADS BOARD                                                                                                                 

        

RECOMMENDATION TO REVISE FY07 PAVING PROGRAM

 

The Council agreed to the request of Bob Tenanty, Public Works Director, to revise the FY 2007 Paving Program to postpone the hot mix overlay for Galestown to Reliance Road and Williamsburg Church Road and 10.7 miles of tarp and chip roads and place those paving projects in the FY 2008 Paving Program request in order to use the budgeted funds in the amount of $276,880 for placing a hot mix overlay Galestown to Newharts Mill Road (1.5 miles) and Newharts Mill Road (3.4 miles from Wheatley Road to Galestown-Reliance Road).

 

OTHER

 

Council requested that Mr. Tenanty provide them with the comparison they requested at a previous meeting on how much it would cost using County staff and County equipment versus a private contractor to asphalt the County’s roads.

 

Councilwoman Elzey noted that the guardrail at Newhart Road was installed.  Mr. Tenanty stated that guardrails were also installed on Cabin Creek Road, Medford Road and that the Hoopers Island Causeway was already completed.

 

Mr. Tenanty advised the Council that a contractor was working on Cokesbury Road and Route 307 yesterday and today removing wood debris, old guardrails and asphalt that were left on the side of those roads as the result of the June 2006 storm event.

 

He explained that the rare and endangered species plant was removed from the Galestown Pond area in order to move forward with the repair of the Galestown Millpond but noted that the project may be delayed because the Department of Natural Resources is requesting that a fish ladder be installed at the pond and because he has been informed that fish are spawning which would delay the start of the project until June 15.  He advised the Council that he was still anticipating that he would advertise for bids on April 15 and award the contract on May 15.   Mr. Tenanty explained that even with the additional cost to restore the wetlands and because of poor soil conditions that may affect the construction of an earthen dame, the cost to use the vinyl sheeting option for the pond is $375,000 more than constructing an earthen dam.  He said that he has submitted to the Maryland Emergency Management Agency (MEMA) a request to move forward using the vinyl sheeting repair option and that he is waiting for their response. 

 

Mr. Tenanty advised the Council that he would be meeting with Steve Willey, Public Works Director for the Town of Hurlock, on Thursday, April 12, 2007 at 1 p.m. to talk about sharing the cost of the paving and widening of Taylors Avenue in Hurlock since the County owns a portion of that road and the Town owns the other portion.  He invited Councilman Price to meet with them on that date on Taylors Avenue.

 

Mr. Tenanty stated that a contract has been entered into for the design of the Bespitch Ferry Bridge and that he anticipates that he will advertise for bids for the construction of the bridge in November 2008 and advised the Council that he would keep the Council informed of the status of this project.

 

In response to a question from Councilman Newcomb as to when the Cokesbury Road repair will commence, Mr. Tenanty stated that he is waiting for the permit and that in anticipation of obtaining the permit he has asked the engineer to obtain information

on the size of concrete box culvert needed for the repair work.  He said that he planned to have the project out to bid by June 2007 at the latest.

 

Councilman Price requested that Mr. Tenanty place Payne Road on the list of roads that need to be cleared of roadside trash.

 

Councilman Price noted to Mr. Tenanty that he had received a lot of positive comments from County residents about the work completed on Medford Road including the addition of the guardrail.

 

In response to a question from Councilman Travers as to the status of the clogged ditch problem on Richardson Drive, Mr. Tenanty stated that his staff had looked at the ditch and that he was not satisfied with their recommendation so he was going out to look at the ditch April 11, 2007 with his staff to determine what needed to be done to correct the problem.  He noted that a Richardson Drive property owner dug out his ditch without taking into consideration the downstream ditches which in turn has clogged those ditches.  He told Councilman Travers he would give him an update on the road.

 

Councilwoman Elzey requested that Mr. Tenanty contact Ms. Brenda Ebeling who is requesting written verification from the County that Wright’s Creek Drive at the water’s edge is not a County owned property.

 

Mr. Tenanty advised the Council that he had received a letter from Raymond Simmons, Legal Counsel for Paul Ruark, a property owner on Steamboat Wharf Road inquiring whether or not the County owned the lane that braches off from Steamboat Wharf Road or had any right-of-way off of the land.   He said that there is no record the road is owned by the County but noted that the County has used the road in the past to access the drainage ditch by the road.  The Council requested that he prepare a response to Mr. Simmons and provide it to Council for its review before mailing the letter.

 

Ron Tiller, a resident of Dorchester County, stated that he lives at 5123 Brooks Road and that the ditch separating his property from the road needs to be cleaned because it is blocked.  Mr. Tenanty stated that he would need a right-of-way in order to clean the ditch.  Mr. Tiller advised Mr. Tenanty that he would give the County a right-of-way to clean the ditch.   Mr. Tenanty told Mr. Tiller he would be contacting him by telephone shortly to discuss a misunderstanding about the change in the policy to repair mailboxes damaged by the Public Works employees.

 

Mark Christopher, a resident of Galestown expressed his concern about the Department of Natural Resources requiring a fish passage ladder because he does not want the Galestown project repair to be delayed.

 

MANAGER’S COMMENTS         

 

GRANT WRITING SEMINAR ANNOUNCEMENT -MID SHORE COMMUNITY FOUNDATION

 

Douglas Worrell, Board Member of Mid Shore Community Foundation, advised the Council that the Mid Shore Community Foundation is sponsoring a Grant Writing Seminar which will be held on April 26, 2007 at 4:30 pm. at Delmarva Community Services to provide all organizations information on how to apply for Mid Shore Community grants at no cost to those attending.

 

MARYLAND HERITAGE AREA AUTHORITY FY07 GRANT EXTENSION REQUESTS-TOURISM

 

The Council approved the request of Mary Calloway, Acting Tourism Director, and agreed to execute Letters of Concurrence for the extension of the Maryland Heritage Area Authority (MHAA) FY07 Operating Assistance Grant and the MHAA FY07 Heart of Chesapeake Country Heritage Trails Grant until December 31, 2007.    The Council acknowledged that the Letters of Concurrence acknowledge the approval of the extension and serve as an amendment to the grants. 

 

LANDFILL TIPPING FEE CREDIT RESOLUTION FOR MUNICIPALITIES AND COMMUNITIES

 

The Council approved the execution of a resolution providing landfill tipping fee credits to the municipalities and communities in the County to help with community cleanup in the amount of $500 for each municipality or community for the period of July 1, 2006 to June 30, 2007 for a total credit to the municipalities of $4,500 and a total not to exceed $4,500 to the communities.

 

FY07 ANNUAL EMERGENCY MANAGEMENT PERFORMANCE GRANT AWARD REQUEST-EMERGENCY MANAGEMENT

 

The Council agreed to the request of Steve Williams, Public Safety Director and approved the FY07 Annual Emergency Management Performance grant award from the Maryland Emergency Management Agency (MEMA in the amount of $30,361.  The Council acknowledged that provides matching funds for the salary of the EMS Manager, Wayne Robinson and management and office expenses and that the County match also includes funds for salary management and office expenses, which are included in the FY08 budget. 

 

COMMUNITIES MOBILIZING FOR CHANGE ON ALCOHOL GRANT AWARD-LOCAL MANAGEMENT BOARD

 

The Council agreed to the request of Nancy Shockley, Local Management Board Director, and approved the grant award in the amount of $9,852 from the Governor’s Office on Crime Control & Prevention to continue the Communities Mobilizing for Change on Alcohol program which helps enforce underage drinking laws.  The Council acknowledged that these funds will be used to provide salary support, operating expenses, supplies, travel, and contractual services for County compliance checks.

 

ENGINEERING SERVICES REQUEST-CELL5-NEW BEULAH LANDFILL-PUBLIC WORKS

 

The Council approved Mr. Tenanty’s request to enter into a contract with Geosyntec Consultants at the cost of $97,339 to engineer and permit a lateral (horizontal) expansion of the new Beulah landfill, known as Cell 5, in order to move the waste from the old landfill to the new more modern, lined Cell, and agreed to waive bids. 

 

REQUEST TO USE HURLOCK PARK AREA-MINISTERS & CITIZENS FOR CHANGE ASSOCIATION

 

The Council approved the request by Monroe Quailes on behalf of the Ministers & Citizens for Change of Hurlock, Maryland to use the park area in Hurlock by the tennis courts on May 12, 2007 as a playground area to set up games and equipment for youth during the Ministers & Citizens for Change of Hurlock Multicultural parade contingent upon Mr. Quailes coordinating with Scott Eberspacher, Recreation and Parks Director, on what portion of the County owned property can be utilized and contingency upon the execution of a Facilities Use Agreement.

 

ROLL OF CONTAINERS FOR BOAT RAMP REQUEST-PUBLIC WORKS

 

The Council agreed to the request of Mr. Tenanty to advertise for roll off container services at the County’s boat ramps: Madison Boat Ramp, Taylor’s Island Boat Ramp, Tyler’s Cove Boat Ramp, Hoopersville Boat Ramp, Ragged Point Boat Ramp and Wingate Dock.  The Council agreed not to include the Trenton Street Boat ramp in this request.  The Council acknowledged that the roll of container services will be paid with Water Improvement grant money.

 

Based on the request of Councilman Price, Mr. Tenanty agreed to contact the Town of Secretary in reference to prices for rollover services for a roll off container at the Town’s boat ramp and stated that he would provide the Town information on the Department of Natural Resources program which provides funds for such services.

 

LETTER OF SUPPORT REQUEST-THE EMERGENCY FOOD ASSISTANCE PROGRAM (TEFAP)-DELMARVA COMMUNITY SERVICES

 

The Council approved the request of Michelle Nichols, Delmarva Community Action Center Director, on behalf of  the Delmarva Community Services, and agreed to execute a Letter of Support for their request for $5,110 from the Emergency Food Assistance Program to assist families in Dorchester County through the Delmarva Community Action Center Food Pantry.

 

DIRECTIVE FROM COUNCIL TO UTILIZE REVERSE 911-PUBLIC SAFETY

 

The Council agreed to provide a directive to Steve Williams, Public Safety Director, authorizing the utilization of the Reverse 911 System to broadcast messing when a youth leaves the Academy to notify the surrounding residents that the youth is missing and when the youth has been returned.   The Council acknowledged that Mr. Merryweather had approved the message.

 

NATIONAL PARK SERVICE GRANT APPLICATION REQUEST-HOOPERS ISLAND LIGHTHOUSE

 

The Council agreed to the recommendation of Holly Craighead, Grant Writer and Mike Moulds, Assistant Public Works Director and approved the submission of a National Park Service Save America’s Treasures Program grant application for funds in the amount of $125,000 for funds to preserve the Hoopers Island Lighthouse if the Council is able to acquire ownership of the lighthouse.

 

PUBLIC COMMENTS

 

Mr. Tiller thanked the Council for issuing a directive to use the Reverse 911 system when there is an unauthorized absence at the Morning Star Academy.

 

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