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Meeting Minutes
posted: 11/28/07
County Council Meeting Minutes
November 6, 2007
County Council of Regular Meeting Minutes November 6, 2007 The County Council of Dorchester County met in regular session on November 6, 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
COMPREHENSIVE PLAN UPDATE AND HOUSE BILL 1141 DISCUSSION WITH STAFF Steve Dodd, Planning and Zoning Director, advised the Council that House Bill 1141 requires that the County include a water resource element in its comprehensive plan which could impact local land use and will require an assessment of all waste water treatment plants, septic systems and storm water ponds in the County that affect the water supply demand, quality of drinking water, and storm water run off. He advised that the water resource element was based on Total Maximum Daily Loading set forth in EPA guidelines into individual watersheds. He acknowledged that Joy Loeffler, Planning Commission Chair; William Forlifer, Environmental Health Officer; Rodney Banks, Assistant Public Works Director; and Tracy Gordy, Maryland Department of Planning were present. Mr. Dodd explained that the Planning Commission has almost completed the final draft of the County’s comprehensive plan update; that once the draft is complete it will then be submitted to the State Clearinghouse and presented to the public but that he and the Planning Commission members were requesting that the Council delay the publication of the update in order to allow for staff to incorporate the new water resource element into the plan. Mr. Dodd further explained that municipalities are also required to incorporate the new water resource element into their comprehensive plans. Based on a concern expressed by Councilwoman Elzey that the County was required to address waste water treatment plants when the County does not operate such a facility, Mr. Dodd explained that the County must recognize all systems which have local implication including municipal systems. In response to a question from Councilwoman Elzey as to whether or not figures are maintained on how much water is being used in the County, Mr. Dodd explained that he was not aware of anyone who tracks usage of water except the State of In response to a question from Councilman Travers as to whether or not the State, in the future, will provide the County with limits on water usage, Ms. Gordy explained that she was not aware of any plan to do so. Ms. Gordy told the Council that HB 1141 was an unfunded mandate and explained that, despite the lack of funding and the limited resources of the Maryland Department of Planning due to its excessive workload, the Department was providing technical assistance to all of the counties in Maryland, including holding workshops and providing models to use in developing the water resource element. She explained that the staff at the Ms. Gordy noted that all municipalities were required to incorporate an additional municipal growth element into their comprehensive plans and that the County would be responsible for signing off on their plans. Based on a request from Ms. Loeffler on behalf of the Planning Commission, the Council agreed to delay the comprehensive plan update process in order for the Planning Commission to incorporate the new water resources element into the plan pursuant to House Bill 1141 and further required that a joint request for proposals for services would be issued on behalf of the County and local municipalities to assess water resource element inventories. The Council also approved the request of Mr. Dodd to transfer funds in the amount of $65,000 from the Planning and Zoning FY08 budget designated for updating the water and sewer plan, to pay for additional costs that will be occurred as a result of adding the new resources element to the Comprehensive Plan. Ms. Baynard expressed her concern that the legislation is based on a total managing daily load in a watershed which will likely result in a reworking of the water resource element of the plan in the future to accommodate the shared Nanticoke and Choptank watersheds with neighboring counties. 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)(7) to consult with counsel to obtain legal advice on a legal matter. 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 Travers led the pledge of allegiance. CALL FOR ADDITIONS OR DELETIONS TO AGENDA There were no additions or deletions to the agenda. APPROVAL OF MINUTES-OCTOBER 23, 2007 The Council approved the minutes for October 23, 2007 as presented. APPROVAL OF DISBURSEMENTS The Council approved vouchers as presented. FINANCIAL REPORT: CASH AND INVESTMENTS Councilman Nichols reported total cash and investments as $10,141,698.37. EXECUTIVE SESSION SUMMARY The County Council of Dorchester County convened in an Executive Session at 4:30p.m. on November 6, 2007 in a closed session at Room 110, County Office Building, 501 Court Lane, Cambridge, Maryland, pursuant to the State Government Article §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)(7) to consult with counsel to obtain legal advice on a legal matter. Motion made, seconded and carried to conduct a closed session pursuant to the above. All members of the Council voted in the affirmative to conduct the closed session for the purposes stated above and to discuss the topics listed above. Action taken at the closed session: 1) deferred a budget discussion regarding the Sheriff’s Office; 2) deferred a request to reorganize the Recreation and Parks Department by a 5 to 0 vote; 3) discussed a request to advertise for a Fiscal Clerk and approved a revision of the job description for the position by a 5 to 0 vote; 4) confirmed the hiring of a Court Security Deputy for the Sheriff’s Office by a 5 to 0 vote; 5) discussed with legal counsel ongoing litigation with the State of Maryland. The above information is being provided to the public pursuant to and in compliance with Section 10-509(b) and (c) of the State Government Article. REGULAR SESSION COMMENDATION – LINKWOOD-SALEM VOLUNTEER FIRE COMPANY 50TH ANNIVERSARY The Council presented a commendation to the Linkwood-Salem Volunteer Fire Company commending its 50th anniversary. Joannie Collins, President of the Linkwood-Salem Volunteer Fire Company accepted the commendation on behalf of the fire company. ROADS BOARD The Council agreed to waive bids and enter into an annual services contract for 2007-2008 with William C. Craig and Company, LLC to provide surveying services to the County on an as needed basis and to advance a $5,000 retainer to the County, to be paid from the Highway Division’s FY08 Budget. The Council also acknowledged that in order to avoid a conflict of interest, the County will not be able to utilize William C. Craig and Company, LLC for any work that is related to the private work he performs in the County. REQUEST TO ADVERTISE FOR BIDS BREAK ROOM AND PARTS BUILDING-PUBLIC WORKS The Council approved the request of Mr. Mr. Tenanty to advertise bids for the design and construction of a 45 x 60 foot pole building to replace the break room and parts building at the current Highway Division location. OTHER Mr. Tenanty provided an update to the Council on the repairs of the northern county roads damaged during the June 2006 storm event. He told the Council that the boring for the utility relocation at Galestown Millpond should be completed next week with the utility lines being installed shortly thereafter. He explained that the boring contractor would then begin the boring necessary for the utility relocation on In response to a question from Based on a question from Councilman Price as to the status of the repairs and widening to Sunnyside Road, Mr. Tenanty explained that there were two residents who have not agreed to execute right of ways; that a cross pipe on that road had been replaced; and that his staff was in the process of scheduling the laying of the asphalt. He noted that the County was responsible for placing two layers of asphalt on the road, while the developer is responsible for laying the top coat. Based on a request from Councilman Price in reference to complaints he received from County residents, Mr. Tenanty advised that he would view, and if necessary contact the State Highway Administration, concerning brush that is blocking the view of drivers at the intersection of LEGISLATIVE SESSION The Council adjourned to legislative session. PUBLIC HEARING-BILL NO. 2007-10 AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY, MARYLAND PURSUANT TO SECTION 40-20 OF CHAPTER 40 OF THE DORCHESTER COUNTY CODE CLOSING THE TWENTY-ONE (21) FOOT PORTION OF AN OLD COUNTY PUBLIC ROAD LOCATED SOUTH OF HUDSON ROAD (MARYLAND STATE ROUTE 343), CROSSING THE PROPERTY OF BERNADINE CHESTER, DORCHESTER COUNTY, TAX MAP 18, PARCEL 157, DEED REFERENCES 201/206 AND 203/514. Mr. Merryweather explained that a public hearing was being held based on a request from Bernandine Chester to close a twenty one foot portion of an old County public road located South of Hudson Road, Maryland State Route 343, which crosses the property of Ms. Chester at Tax Map 18, Parcel 157, that is not currently being utilized as a road. Ed Nabb, Attorney, stated that, to his knowledge, the road has not been used for over thirty years and noted that Ms. Chester was asking the Council to agree to execute a quick claim deed to transfer the ownership of the road to her. In response to a question from Mr. Merryweather as to whether or not there was physical evidence that such a road exists, Mr. Nabb and Bob Tenanty, Public Works Director, stated that they both looked at the site and found no evidence of a road. Mr. Merryweather opened up the public hearing for public comments. No public comments were made. The role call on the enactment of Bill No. 2007-10 was as follows: Nichols-aye; Newcomb-aye; Elzey-aye; Travers-aye; Price-aye. MANAGER’S COMMENTS RECONSIDERATION OF Ms. Baynard noted that the Council set boat slip rental rates for the Councilwoman Elzey expressed her concern that the slip rates for the other County owned marinas were between $900 to $500 and reminded the Council members that they had reserved the In response to a question from Ms. Baynard in reference to the groundbreaking of the marina, Mr. Tenanty stated that he anticipated that it will occur at the end of November 2007. He explained that the electric company has not installed the electric at the site yet which electric is needed in order to start up the new pumping station. Based on a question from Ms. Baynard concerning whether or not utilities were included in the rental fee, Mr. Tenanty stated that water and electric were included and noted that the County does not charge for water and electric at its other boat ramps. In response to a question from Ben Parks, a waterman and The Council agreed to reduce the rental slip fees for the The Council accepted a resolution designating the ADDITIONAL Mr. Tenanty stated that, based on the Council’s request, he prepared proposed designs for additional vehicular parking using a portion of property at the front of the Dorchester County Office Building on Court Lane and that he had also submitted proposed designs to utilize a portion of the property adjacent to the existing Circuit Court House parking lot on Gay Street for additional parking. He explained that he had asked the City of Mr. Tenanty estimated that the cost to add 15 spaces along the existing Circuit Court House parking area on Councilwoman Elzey questioned whether or not Mr. Tenanty had the funds to move forward with the parking project. Mr. Merryweather explained that the Council could only utilize transfer tax funds if they chose to add more parking spaces alongside the existing Court House as long as the parking was reserved exclusively for the Circuit Court House. Portia Ennals, a The Council agreed to proceed to possibly provide additional parking at the Circuit Courthouse using a portion of the land known as “ BOARD APPOINTMENTS: BOARD OF ZONING APPEALS; The Council reappointed Wendell Foxwell as the District 3 representative and Dwight Cromwell as the District 2 representative to the Board of Zoning Appeals and based on a recommendation from Councilwoman Elzey, appointed Elizabeth Hill as the District 5 representative to replace James Spicer whose term expires on December 31, 2007. The Council acknowledged that their appointments will all expire on December 31, 2010. The Council agreed to appoint Jim Crone, General Manager of Interstate Container, to the Upper Shore Workforce Investment Board to fill the vacancy left by Jean-Marc Tassee whose term expired on June 30, 2007. The Council acknowledged that Mr. Crone’s appointment expires on November 30, 2010. REQUEST TO REBID-SHOWERS- The Council approved the request of FY08 The Council approved the request of Amanda Fenstermaker, Tourism Director, to accept the FY08 County Cooperative Marketing Grant from the Maryland Office of Tourism Development, in the amount of $46,377 for the period of July 1, 2007 to June 30, 2008, with no local match, to be used for the Tourism Department’s marketing efforts. TELEPHONE CONFIRMATIONS Ms. Baynard confirmed that two actions were taken by the Council by means of telephone polls in the interim between meetings. First, the Council unanimously agreed to accept an FY08 Job Access and Reverse Commute Grant award from the State of Maryland Department of Transportation in the amount of $259,250 for the period of July 1, 2007 to June 30, 2008 and acknowledged that the federal share of the grant award was $99,540; the State share was $87,210; and the local share was $72,500 with the local match was to be paid by Delmarva Community Services. The Council agreed to hire a Project Coordinator for the Local Management Board at the recommendation of Nancy Shockley, Local Management Board Director, at a salary of $26,804.96 with funds to be provided by Local Management Board Administrative funds by a four to one vote. RC&D DUES INCREASE The Council approved the payment of the $100 increase in Resource Conservation and Development dues from the FY08 Contingency Fund. REQUEST TO ADVERTISE-FISCAL CLERK-FINANCE DEPARTMENT The Council approved the request of Mr. Spears to advertise for a Fiscal Clerk based on the resignation of an employee in his department. PUBLIC COMMENTS Ms. Baynard announced that the Council will be holdings its annual transportation meeting with Maryland Department of Transportation officials on November 13, 2007 at 7:00 p.m. She explained that historically the Council also meets with local legislators on the same date to discuss the Council’s requests for proposed legislation or any concerns the Council may have about proposed state legislation or initiatives for the Maryland General Assembly 2008 session but advised that due to the current Special Session in Annapolis the legislators may not be able to attend that meeting. Donna Hooper, a resident of Ms. Ennals asked the Council for any help they could provide in helping her determine where a license to operate an impound yard in the City of Bruce Coulson, a Wendell Foxwell thanked the Council for reappointing him to the Zoning Board of Appeals. COUNCIL’S COMMENTS/ADJOURNMENT Councilman Price advised the Council that he had brought material from a meeting at the encouraged the public to honor Veterans Day on Sunday. With no further business to discuss, the Council adjourned. ATTEST: ______________________________ ____________________________________ Jane Baynard, ____________________________________ Jay Newcomb, Vice President ____________________________________ Effie M. Elzey ____________________________________ Ricky Travers ____________________________________ Rick Price | |||||||||
