Meeting Minutes
Meeting Minutes
posted: 12/07/07
County Council Meeting Minutes
November 20, 2007
County Council of Dorchester County Regular Meeting Minutes November 20, 2007 The County Council of Dorchester County met in regular session on November 20, 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; 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)(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 Newcomb led the pledge of allegiance. CALL FOR ADDITIONS OR DELETIONS TO AGENDA The Council agreed to add to the open session agenda consideration of a Jobs Agreement between the Council and Allen Family Foods. APPROVAL OF MINUTES-NOVEMBER 6, 2007 The Council approved the minutes for November 6, 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 $15,106,975.31. EXECUTIVE SESSION SUMMARY The County Council of Dorchester County convened in an Executive Session at 4:30 p.m. on November 20, 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) Discussed reorganization of the Public Works Department and instructed Ms. Baynard to prepare documentation for review; 2) Confirmed the naming of Jennifer Rothschild as Deputy State’s Attorney for Dorchester County with an anticipated start date of November 26, 2007 by a 4 to 0 vote. Councilman Travers had not yet joined the meeting; 3) Discussed with legal counsel a jobs agreement between Dorchester County and Allen Family Foods and agreed to add to open session for consideration; and 4) Deferred a discussion on the Linkwood Volunteer Fire Company Text Amendment to its December 4, 2007 open session meeting.
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 REQUEST TO ESTABLISH AGRICULTURAL ADVISORY BOARD-DORCHESTER COUNTY FARM BUREAU William Layton, Vice President of the Dorchester County Farm Bureau, stated that he was present to ask the Council to establish an County Agricultural Advisory Board to foster a better working relationship between the County and the agricultural community, which board would include representatives from the Council and Farm Bureau members and would meet four times a year. In response to a question from Councilman Nichols as to the proposed charge of the board, Mr. Layton explained that the board members would discuss the agricultural issues in the County. Based on a question from Councilman Newcomb as to whether or not Jane Baynard, County Manager, could attend the meetings, Mr. Layton said that he had no objection with Ms. Baynard attending the meetings and that he believed the more people involved the better the more effective the board would be. The Council agreed to proceed with establishing a County Agricultural Advisory Board and to discuss specifics regarding the board, including membership and meeting schedules, at its December 4, 2007 meeting. LEGISLATIVE SESSION The Council adjourned to legislative session. PUBLIC HEARING-BILL NO. 2007-9 AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY MARYLAND PURSUANT TO CHAPTER 155, ENTITLED ZONING SECTION 155-B OF THE DORCHESTER COUNTY CODE REZONING TWO PARCELS OF LAND OWNED BY ADBM LANDHOLDINGS, LLC, LOCATED SOUTH OF MARYLAND ROUTE 318 (FEDERALSBURG PRESTON ROAD) AND FRONTING ON THE EAST SIDE OF MARYLAND ROUTE 331 WHICH IS ALSO KNOWN AS THE EAST NEW MARKET ELLWOOD ROAD, CONTAINING 9.34 ACRES OF LAND, MORE OR LESS, IN THE HURLOCK OR 15th ELECTION DISTRICT OF DORCHESTER COUNTY, MARYLAND FROM AN AC, AGRICULTURAL CONSERVATION DISTRICT TO B-2, GENERAL BUSINESS DISTRICT. E. Thomas Merryweather, County Attorney, stated that the public hearing was duly advertised and was being held on a request by ADBM Landholdings, LLC, to rezone two parcels located south of Maryland Route 318, (Federalsburg Preston Road) and fronting on the east side of Maryland Route 331, (East New Market Elwood road) which parcels contained 9.34 acres of land, more or less, in the Hurlock or 15th Election district of Dorchester County, Maryland from an AC, Agricultural Conservation District to B-2, General Business District pursuant to Chapter 155, entitled Zoning Section 155-b of the Dorchester County Code. Mr. Banks stated that there will be no change in population as a result of the rezoning; that the property was not in or a part of the 100 year flood zone nor in the critical areas; that the proposed use of the parcels was for the storage, sales and service of automobiles; that water and sewer facilities are located on the adjacent parcels which are owned and used by the applicant as Preston Automotive; that there would be minimal impact on transportation; that the rezoning is that consistent with the prior adjoining property rezoning in that area and that the character of the surrounding neighborhood has sufficiently changed in nature and scope to warrant rezoning of the parcels. He explained that the Planning Commission unanimously voted in favor of the rezoning as it determined there was a substantial change in neighborhood. Sandy McAllister, Attorney for ADBM Landholdings, LLC, told the Council that Dave Wilson, President and Owner of ADBM Landholdings, LLC, was present. He stated that he was present to answer questions and requested that the Council incorporate by reference the testimony and evidence given to the Planning Commission. Mr. McAllister explained that the ADBM owns the fifth largest Ford dealership in the Washington Region and one of the largest Mazda dealership in the Country and that it is a thriving and growing business. Mr. Merryweather opened up the public hearing for public comments. No public comments were made. The Council authorized staff to prepare a Findings of Fact for the rezoning of the property. ROADS BOARD EXTENSION OF CONTRACT-CRUSHED STONE FOR 2008 The Council agreed to waive bids and approved the request of PREPARATION OF STORMWATER POLLUTION PREVENTION PLAN AND SPILL PREVENTION CONTROL & COUNTERMEASURE PLAN The Council agreed to waive bids and approved the request of Mr. Tenanty to contract with URS, the County’s current airport consultant, to prepare a stormwater pollution prevention plan and spill prevention control and countermeasure plan for the highway division facility on Handley Road at a cost of $24,000 as required by the Maryland Department of Environment, which will be paid for by Capital Budget funds in the Highway Division designated for the improvement of the Handley Road facility. OTHER Mr. Tenanty provided the Council with an update on the six major road breaks in the northern part of the County. He noted that the utility borings have been completed for Galestown Millpond Road and Palmers Mill Road; that utility cables are being pulled through at the Galestown Millpond Road; and that Verizon will be connecting the cable and phone at Galestown Millpond on Tuesday, November 27, 2007 at 2 a.m. Mr. Tenanty told the Council that George and Lynch will start construction on Galestown Millpond on December 10, 2007; that the first step will be to pour and place concrete; and that he would provide the Council with a construction timeline once construction begins. He noted that In response to a question from Councilman Price regarding clarification of whether or not all easements have been obtained for River and Whiteley Road, Mr. Tenanty noted that the remaining easement for River Road was in the mail and that the Whitley Road easement form was hand delivered to the owner today to execute. Based on a question from Councilman Price as to the status of laying of asphalt on Sunnyside Road, Mr. Tenanty advised that there only one more right of way needed to be obtained and that staff was currently talking to the property owner in hopes of obtaining the right of way shortly. He explained that if the right of way is not obtained for that property the shoulder will not be widened in front of that property but that the rest of the work can proceed. He noted that the laying of the asphalt should be before the end of 2008, that the shoulders have to be cut back with the Grader and that the first two inches of asphalt will be laid and that the road will be 20 feet wide from Route 14 to the new subdivision on the road. Councilman Travers noted that he was contacted by a property owner on Sunnyside Road who advised him he was not asked to execute a right of way. Mr. Tenanty explained that over half of the residents who own property on the road had already given the County a fifty foot right of way starting in the early 1990s and that the work can be completed within that 50 feet right of way area. Councilman Price noted that the road surface on the northern end of Suicide Bridge Road from Drum Point towards Cabin Creek was in need of asphalt and questioned when it was on the paving schedule. Mr. Tenanty explained that the other end of the road was scheduled to be paved and that he would view the northern end of the road to determine if it needs to be paved instead. In response to a request from Councilman Travers about looking into the possibility of transporting stone by barge to save money, Mr. Tenanty said that he would look into the matter. In response to a question from Councilman Newcomb as to when the Council will received the comparison of the cost for the County to blacktop versus the cost for a contractor to do so, Mr. Tenanty explained that he only had general numbers and that he was in the process of preparing the comparison to submit to the Council. He said that the cost for David A. Bramble to blacktop was $66.46 per ton; that they laid four mile; and that the County cost including material, labor and equipment reimbursement costs plus administrative fees was $58.56 per ton. He noted that he was in the process of reviewing the past nine years of maintenance records on the County’s asphalt plant and paver to determine an estimate of future costs. In response to a question from Councilman Travers as to the total asphalt laid in one year, Mr. Tenanty stated that the average tonnage per year from 1999-2007 was 18,000 tons. Mr. Tenanty explained that he believed it may not be economically feasible to replace the asphalt plant, that the plant is operational 200 hours a year and that the plant is currently making money. He noted that the existing plant cost $.5 million to build and that a new plant would cost $2 to $3 million dollars. Based on a request from Councilwoman Elzey for information regarding the use of the new piece of ditching equipment purchased, Mr. Tenanty advised the Council he would provide a status on the ditching and what savings, if any, was achieved by the use of the new equipment. In response to a question from Councilman Newcomb as to the status of the paving of Hudson Wharf Road, Mr. Tenanty noted that the road was still on the schedule to be paved; that he was not sure if an easement to construct a turn around on the road was acquired yet, and that he would provide the Council with an update on the status of the road repair. In response to a question from Donna Hooper, a Dorchester County resident and employee who works at the Circuit Court House, as to the status of the preparing of plans to provide additional parking at the Court House, Mr. Tenanty noted that he had not received any directive from the Council. Ms. Baynard reminded Mr. Tenanty that the Council directed him at its November 26, 2007 meeting to proceed with the final cost estimates and construction recommendations to provide additional parking at the Circuit Courthouse using a portion of the land known as “Spring Valley” between the existing parking area and Gay Street, including obtaining the necessary consent from the City of Cambridge. MANAGER’S COMMENTS PROPOSED SLATE OF OFFICERS-COUNTY COUNCIL The Council agreed to defer the selection of a slate of officers until its December 4, 2007 meeting, at which time the Council will elect a President and Vice President for the County Council; a President and Vice President for the Roads Board; and a Maryland Association of Counties legislative representative and alternate for the Council. BID WAIVER REQUEST-POLLUTION PREVENTION PLAN/NOI PERMIT-PUBLIC WORKS Based on a request from Mr. Tenanty, the Council agreed to waive bids and approved his request to contract with Geosyntec to provide engineering services for the development of two Storm water Pollution Prevention Plans and the completion of two notice of intent applications for permits for the old Beulah and new Beulah landfill sites at a cost of $15,004, which will be paid from Landfill Enterprise Capital Funds designated for the Beulah Landfill Expansion. TRENTON STREET MARINA BOAT RAMP SIGN APPROVAL REQUEST-PUBLIC WORKS The Council approved the request of Mr. Tenanty to waive bids and contract with Traditional Enterprises of Hurlock, based on the proposed design, for the construction of a 3x5 foot sign at a cost of $5,000, which sign will purchased using funds from the Boat Ramp Maintenance line item in the Public Works budget. The Council acknowledged that the cost of the sign is $5,000 as Traditional Enterprises will be designing a master sign plan including the use of the County seal to be used on future signs which will cost less than $1,000. PUBLIC ROAD CONSTRUCTION AGREEMENT-SUNSET FARMS-PLANNING AND ZONING The Council approved the request of Steve Dodd, Planning and Zoning Director, to execute a Public Road Construction Agreement between the County Council and Ragged Point Road, LLC, to construct a public roads for Lots Two and Three of the Sunset Farms subdivision located on Sunset Court and acknowledged that the agreement will expire on August 1, 2008, and prohibits the sale of all lots in the subdivision until such time that the public road is accepted into the County road system. TECHNOLOGY BID WAIVER REQUEST-HP DESIGNJET PLOTTER-PLANNING AND ZONING The Council approved the request of Mr. Dodd to waived bids and purchase a new Hewlett Packard Designjet Model T1100 plotter at a cost of $5,125 from the Planning and Zoning’s FY07-08 Capital Budget. 2008 VISITORS GUIDE DESIGN BID RECOMMENDATIONS-TOURISM The Council agreed to award the bid for the design of the Dorchester County 2008 Visitor’s Guide to BoseArts, the lowest bidder, at the cost of $4,500. Ms. Fenstermaker introduced Amanda Fisher, the new Assistant Tourism Director, and noted that Ms. Fisher will be in charge of the 2008 Visitor’s Guide. She advised the Council that she was chosen by the Rotary to represent their organization and the County in Belgium as a part of a Student Group Exchange Program. She explained that she would be available but that Ms. Fisher would be responsible for the day to day operations of the Tourism Department during the time she spends in Belgium. PROMOTIONAL ITEM REQUEST FOR GRADUATING SENIORS-COMMUNITIES MOBILIZING ON CHANGE OF ALCOHOL The Council agreed to contribute $1,000 to Communities Mobilizing for Change on Alcohol for the purchase of promotional items for seniors graduating from North Dorchester High School and South Dorchester County High School in 2008 as a reminder to the seniors to remain alcohol free. BOARD APPOINTMENTS-BOARD OF ZONING APPEALS; MID SHORE MENTAL HEALTH The Council approved the appointment of Mike Edgar as an alternate on the Board of Zoning Appeals and acknowledged that his appointment will expire on November 30, 2010. Ms. Baynard noted that at its October 23, 2007 meeting, the Council deferred the request of Mid Shore Mental Health Systems to appoint members to the Regional Mental Health Advisory Committee until clarification was received on how many vacancies needed to be filled and what the qualifications were. She explained that clarification was received that the membership was legislatively mandated and that the individuals nominated were nominated based on the mandate; their expertise and commitment to mental health care. The Council approved the following appointments to the Regional Mental Health Advisory Committee: The Council approved Councilman Newcomb’s appointment of Tommy Spicer to the Solid Waste Committee and acknowledged that his appointment will expire on November 20, 2009. PROPOSED FY07-08 THIRD QUARTER MEETING SCHEDULE-COUNCIL’S OFFICE The Council approved the following County Council’s FY07-08 third quarter meeting schedule: January 8, 2008; January 22, 2008; February 5, 2008; February 19, 2008; March 4, 2008; and March 18, 2008. REQUEST TO ADVERTISE-RECREATION COORDINATOR I-RECREATION AND PARKS The Council deferred the request of Scott Eberspacher, Recreation and Parks Director, to advertise the vacant Recreation Coordinator I position due to the resignation of an employee. Councilwoman Elzey and Councilman Travers opposed. BY LAW REVISION REQUEST-LOCAL MANAGEMENT BOARD The Council approved the revision of the bylaws for the Local Management Board. The Council acknowledged that the majority of the revisions were minor housekeeping revision and that the revision also contained the following major changes: 1) changing the statement that the Local Management Board of Child and Family Services takes its purpose from Senate Bill 389 of 1990 to the executive order of the Governor dated June 2006; 2) allowing the Chair or Vice Chair to repeat a term in office rather than limiting the term to one year; and 3) clarifying that members who also serve as vendors must sign conflict statements to avoid issues with voting allowances. INVITATION TO NEGOTIATE REVISION APPROVAL-LOCAL MANAGEMENT BOARD The Council approved the request of the Local Management Board to redirect $5,000 in Governor’s Office of Crime Control and Prevention funds, which were previously allocated for the Teen Court, to the development of a Teen Pregnancy Project which will include case management, support services, referral linkages, child chair, life skills training, parenting classes and job readiness. The Council acknowledged that the Local Management Board will submit a request to the Governor’s Office of Crime Control and Prevention for the reallocation of funds. EARNED REINVESTMENT PLAN APPROVAL-LOCAL MANAGEMENT BOARD The Council approved the proposed FY08 reinvestment plan in the amount of $193,500 which will be submitted to the Governor’s Office of Crime Control and Prevention for approval with a targeted implementation date of January 1, 2008. The Council acknowledged that five projects are projects which costs need to be determined but that there are still funds in the amount of $312,752 for 2003 to 2006 left to be awarded that can be used for those projects. SURPLUS PROPERTY DISCUSSION The Council declared the attached list of computers from the Technology Department and the attached list of items from the Public Works Department as surplus property as well as the following items: Epson DFX 5000+ impact printer and printer stand from the Finance Department; a Hewlett Packard, LaserJet 4mv and 1997 White Chevy S-10 Pickup from the Planning and Zoning Department and a desk, hutch and Credenza from the State’s Attorney’s Office. The Council authorized Ms. Baynard to distribute the property based on bids received or to dispose of the property if no bids are received: TELEPHONE CONFIRMATIONS Ms. Baynard confirmed that two actions were taken by the Council by means of telephone polls in the interim between meetings. ALLEN FAMILY FOODS JOB AGREEMENT The Council approved the execution of the Jobs Agreement prepared by the State of Maryland, between the County and Allen Family Foods in which Allen Family Foods agrees to provide an additional 200 jobs, of which 51% will be for low or middle income individuals, and to retain those positions until at least December 31, 2012 and agreed to execute the agreement once typographical errors were corrected. PUBLIC COMMENTS In response to a request from Portia Ennals, Dorchester County resident, for clarification of the purpose of the Jobs Agreement, Ms. Baynard explained that the County received grant funds from a Community Block Grant to be used for the purchase of equipment for an expansion at Allen Family Foods and that the State of Maryland requested that a jobs agreement be executed and noted that the Council accepted the responsibility to monitor the purchases and Allen Family Foods was responsible to meet the requirements of the State regarding jobs. Ms. Ennals noted that legislation that was recently passed contained the provision that all video lottery facilities must comply with the planning and zoning laws of the jurisdiction as long as the laws were in force before 2008 and questioned when the Council was going to take action to ensure that video lottery facilities cannot be placed in the County. The Council requested that the Planning and Zoning Department review the legislation as written and prepare appropriate documentation to the County in reference to what changes, if any, are needed to the County’s zoning code pursuant to the legislation. Travers work on it like zoning for strip clubs for certain type of facility to refrain Bruce Coulson, a member of the Shoreline Erosion Control Group noted that the pier review for the restoration of James and Barren Islands would be completed in March 2008; that it should be submitted to the Civil Works Board in June 2008; and that a Chief’s report should be completed by December 2008. Wendell Foxwell advised the Council that the Hyatt Chesapeake Regency had received a Triple A rating in hotel management. The Council agreed to forward a congratulatory letter to the hotel. Ms. Hooper requested that the Council continue moving the parking project to provide additional parking at the Circuit Court House forward and noted that two more employees were hired at the Court House. COUNCIL’S COMMENTS/ADJOURNMENT In response to requests from Councilman Price concerning sending follow up letters to the State Highway Administration on issues discussed with Maryland Department of Transportation Officials on November 13, 2007, the Council agreed to send letters regarding reduction of the speed limit in the Town of Secretary from 30 mph to 25 mph and reconsideration of the placement of guardrails on Route 16 between East New Market and Baker Road, where the shoulders were lowered due to storm water management reconstruction. In response to a question from Councilman Newcomb as to whether or not the County could save money by recycling more items instead of placing them in the landfill, Mr. Tenanty stated that the County’s Solid Waste Committee had looked into recycling and had determined that there was not much profit in recycling glass and plastic; that the Highway Division is using glass as a substitute for fill after it is crushed up; that they are recycling metal, aluminum and paper; and are looking into alternatives to placing recyclable construction and demolition debris including requiring those items not to be mixed with other items. In response to a question from Councilman Newcomb as to when the audit will be finished, Ms. Baynard stated that it was her understanding that the audit would be presented to the Council at its December 18, 2007 meeting and that Ed Bozel, Grants Coordinator, was working with the auditors regarding the grants. The Council requested that Mike Spears, Finance Director, provide information on why the audit is not finished. Charlotte Hughes, a Dorchester County resident, advised the Council that Mr. Kendall Simms was present concerning the request he made to the Council for an abatement of the excise tax at its November 6, 2007. Mr. Simms noted that he had been advised by the Council that they would have more information for him on his request at this meeting and that he had previously submitted receipts that utilities were paid for the trailer on the property. Ms. Baynard noted the Council was still reviewing the matter and had requested information from historical records as to when a trailer was last present on the property as well as an aerial map of the property. She explained that the Council has not authority to waive the excise tax and that verification is needed that a habitable dwelling was on the property within the past three years for no excise tax to be assessed. She explained that although Mr. Simms did bring in receipts for utilities, legal counsel advised the Council that handwritten receipts were not acceptable. Mr. Simms advised the Council that he did not agree that a handwritten receipt was not acceptable and noted that the Health Department recently gave him a written receipt. He advised the Council he brought the previous renter of the property to the Planning and Zoning Office and that the renter wrote a letter that was notarized stating that a trailer was on the property within the pas three years. He noted that although there was no electrical access directly to the property in question and that the electricity was run off of the main house which was located on the adjacent property. In response to a question from Councilman Price as to whether or not Mr. Simms was eligible for funding for housing due to his disability, Ms. Hughes explained that there are funding programs for the disabled including a housing program through the USDA, DHCD and MRDC programs and that she would be willing to assist Mr. Simms in finding funding. Councilman Nichols referred Mr. Simms to Delmarva Community Services with has a Community Action Agency which can help assist Mr. Simms. Ms. Baynard explained that the local legislation does not contain any provisions that note what type of proof needs to be submitted in order for the excise tax not to be assessed and that the Council implemented in partnership with the Planning and Zoning and Finance Department a procedure to accept an electric or other utility bill that proves that services were provided to that property. With no further business to discuss, the Council adjourned. ATTEST: DORCHESTER COUNTY COUNCIL: ______________________________ ____________________________________ Jane Baynard, County Manager William V. Nichols, President ____________________________________ Jay Newcomb, Vice President ____________________________________ Effie M. Elzey ____________________________________ Ricky Travers ____________________________________ Rick Price Approved the ______day of ____________, 2007. | |||||||||
