Meeting Minutes
Meeting Minutes
posted: 03/24/08
County Council Meeting Minutes
March 4, 2008
County Council of Dorchester County Regular Meeting Minutes March 4, 2008 The County Council of Dorchester County met in regular session on March 4, 2008 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. 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 With no additions or deletions to the agenda, Council accepted the agenda as presented. APPROVAL OF MINUTES-FEBRUARY 5, 2008; FEBRUARY 19, 2008 The Council approved the minutes for February 5, 2008 and February 19, 2008 as presented. APPROVAL OF DISBURSEMENTS The Council approved vouchers as presented. FINANCIAL REPORT: CASH AND INVESTMENTS Councilman Nichols reported total cash and investments as $7,543,443.88 CAPITAL PAYMENT AUTHORIZATIONS-BOARD OF EDUCATION Council approved Capital Payment Authorizations for the Board of Education as follows: $52,758.34 from Fiscal Year 2007 General Funds PAYGO funds for costs attributed to North Dorchester Middle School Replacement ($25,813.34) and South Dorchester Middle School Building Envelope ($26,945.00); $8,746.20 from Fiscal Year 2008 Transfer Tax PAYGO funds for two portable classroom units at South Dorchester K-8 ($4,706.20) and Windows/Walls/Floors and Doors ($4,040.00); $7,321.50 from Fiscal Year 2008 Excise Tax PAYGO Funds for costs associated with the School of Technology Replacement; and $188.90 from the General Fund PAYGO funds for costs associated with the Library Book Replacement Fund. EXECUTIVE SESSION SUMMARY The County Council of Dorchester County convened in an Executive Session at 5:00 p.m. on March 4, 2008 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. 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) approved a request from Local Management Board to hire a Family Support Specialist for the Interagency Family Preservation Services program by a 4 to 1 vote (Councilman Newcomb had not yet joined the meeting); 2) discussed the pending retirement of the County’s Public Safety Director and took no action; 3) accepted a revised job description for the Fiscal Clerk-Advanced position in the Finance Department and agreed that the position be advertised in house by a 5 to 0 vote. 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 COMMENDATIONS-PUBLIC WORKS EMPLOYEES-FIRE ASSISTANCE The Council commended Anthony Strawberry, Donald Townsend, Robert Simmons, Jr., and Butch Schuyler for their services in extinguishing a recent boiler fire at the Highway Department on Handley Road. RECONSIDERATION-REQUEST FOR PAYMENT IN LIEU OF TAXES-CONIFER REALTY Based on a decision to defer a request for a Payment-In-Lieu-of-Taxes (PILOT) for Conifer Realty for a project entitled Conifer Village at Cambridge 2, the Council reviewed with David Fang, on behalf of Conifer Realty, and William (Sandy) McAllister, attorney for Confier Realty, a revised proposal to amend the PILOT from $50 per unit for 41 years to $50 per unit for 30 years with a 3% escalation rate each year. Mr. McAllister explained that the revised proposal includes an initial 15 year term with an allowance for the County to reevaluate the PILOT prior to year 16 to determine if the amount should be increased. He stated that the proposal does not allow for the PILOT to be decreased during its life. Mr. Fang reminded Council that the request for the PILOT is predicated on Conifer Realty’s funding application to the State of Maryland for the housing project and noted that a PILOT is a major component to make the senior rental project feasible. Based on questions from Council at its last meeting regarding the cost of the proposed PILOT, Michael Spears, Finance Director, provided information indicating that initial 15 years period, if granted, would result in an annual loss of tax revenue of $13,500 based on anticipated real property tax collections versus the per unit PILOT payment. Council, after discussion, agreed to defer any decision on the Conifer Realty Pilot request until the City of Cambridge determines what incentives that municipality will provide to the project. LEGISLATIVE SESSION The Council adjourned to Legislative Session. PUBLIC HEARING BILL NO. 2008-4 AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY MARYLAND PURSUANT TO CHAPTER 155, ENTITLED ZONING, SECTION 155-63, OF THE DORCHESTER COUNTY CODE, TO AMEND THE TABLE OF PERMITTED AND REGULATED SIGNS TO ALLOW OFF-PREMISES SIGNS WITH LARGER SIGN AREA, INCREASED SIGN HEIGHT, TWO SIDES PER SIGN STRUCTURE, AND SIGN ILLUMINATION FOR GENERAL ADVERTISING, DIRECTIONAL, INFORMATIONAL AND BUSINESS SIGNS ON COMMERCIAL AND INDUSTRIAL ZONED LAND, ADJOINING U.S. ROUTE 50, AND OWNED BY A NON-PROFIT CORPORATION APPROVED UNDER I.R.C. 501 (c) (3). Councilman Nichols advised Council that a letter had been received earlier in the day from the Linkwood-Salem Volunteer Fire Department requesting that the text amendment be withdrawn. He read the request into the record (attached) and stated that the volunteer leaders of the fire company had stated they did not want to pursue an amendment that could potentially be tested for legal sufficiency, resulting in additional expenditures of taxpayer dollars. Councilwoman Elzey agreed to withdraw her request for legislation of the above referenced bill. She commended the members of the Linkwood-Salem Volunteer for making a decision they believed to be in the best interest of the taxpayers and cautioned the public that local volunteer fire departments are in desperate need of support in order to carry out their public safety mission. PUBLIC HEARING BILL NO. 2008-5 AN ACT TO PROVIDE A PROPERTY TAX CREDIT TO CERTAIN SENIOR CITIZENS OF LIMITED INCOME Mr. Spears explained that the intent of the bill is to provide a 5% senior tax credit to any resident who is 70 years old and older who uses the property as their primary residence and has applied for and is approved for the State’s Homeowner’s Tax Credit program. He stated that the program would be an automatic local tax credit when the State approval is received; no further application would be required. He noted that the local program could serve as an incentive for residents to apply for the State program. Wendell Foxwell, a local resident, spoke against the proposed legislation citing concerns that a 5% credit was insufficient to assist senior citizens facing escalating assessments. He advised Council that, in his opinion, a tax freeze at age 70 for residents who have their primary residence at the subject property would be more appropriate. No other public comment was offered. The role call on the enactment of Bill No. 2008-3 was as follows: Nichols-aye; Newcomb-aye; Elzey-aye; Travers-aye; Price-aye. PUBLIC HEARING BILL NO. 2008-6 AN ACT TO INCREASE THE PERCENT OF ASSESSMENT OF ELECTRICITY GENERATING PERSONAL PROPERTY SUBJECT TO COUNTY PROPERTY TAX. Mr. Spears explained that in the 2007 Special Session in the General Assembly, the Electricity Generation tax grant was revoked to the 11 counties that had previously received amounts paid by the State to reimburse them in part for the costs of the property tax exemptions granted to the utility companies as a part of the 1999 Electric Utility tax reform act. He noted, however, that one provision of this Special Session action was to allow the counties that have electricity generating facilities located in their jurisdictions to collect personal property tax on up to 65% of the assessable value of personal property that is machinery and equipment used to generate electricity for sale. This tax collection allowance reduces to 60% of the assessable value of that property that in year 2, 55% in year 3 and 50% in year 4 which is a return to the amount capped in the 1999 deregulation act. He explained that the proposed legislation is actually a “phasing-in” of the elimination of the Electricity Generation grant. The Council agreed to amend the bill to include the provision that the bill does not apply to those electricity generating facilities that are not regulated by the Public Service Commission. The role call on the enactment of Bill No. 2008-3 was as follows: Nichols-aye; Newcomb-aye; Elzey-aye; Travers-aye; Price-aye. REGULAR SESSION MANAGER’S COMMENTS REQUEST TO HOLD 5TH ANNUAL H.O.P.E. RUN/WALK-EASTERN SHORE HEALTH CENTER AUXILIARY The Council approved a written request from the Eastern Shore Hospital Center Auxiliary to use Stone Boundary as part of their 6th Annual H.O.P.E. Run/Walk on Saturday, May 3, 2008 to launch May as National Mental Health Awareness Month. The Council acknowledged that the Eastern Shore Hospital Center Auxiliary staff has already been in contact with the Sheriff’s Department in order to monitor the route during the event. REQUEST FOR REIMBURSEMENT OF WATER AND SEWER CHARGES-TOWN OF VIENNA The Council approved a written request by the Commissioners of the Town of Vienna for reimbursement of $11,572 for non payment of water and wastewater customers from January 1, 2007 to December 31, 2007 per the Memorandum of Understanding between the Commissioners of Vienna and Dorchester County from the FY08 Contingency Fund. Council acknowledged that the amount to be remitted did not include delinquent payments for one account that is making payment directly to the Town. EMERGENCY SHELTER GRANT-SUB RECIPIENT AGREEMENT APPROVAL-DELMARVA COMMUNITY SERVICES The Council approved the execution of an Emergency Shelter Grant Sub Recipient Agreement between Dorchester County and Delmarva Community Services as required by the U.S. Department of Housing for the FY07 Emergency Shelter Grant awarded to Dorchester County in the amount of $15,500 to support homeless assistance, which grant is administered by Delmarva Community Services. LEASE EXTENSION REQUEST-FARM SERVICE AGENCY The Council approved the extension of the lease between the Dorchester County Council and the Farm Service Agency from April 1, 2008 to September 30, 2008 at the monthly lease rate of $1,515.42 ($18,185.09 annually) for 2147 square feet of office space in the Dorchester County Office Building. The Council acknowledged that since the Federal government has not adopted the Farm Bill the Farm Service Agency is not able to move forward with their requirement to seek competitive pricing for long-term space for the Farm Services Agency, the USDA and the Soil Conservation District. BID AWARD-VISITOR CENTER EXHIBIT AUDIO VIDEO PRODUCTION-TOURISM The Council approved the request of Amanda Fenstermaker, Tourism Director, to award the bid for the audio video production of an exhibit at the Dorchester County Visitor Center which will introduce visitors to Dorchester County through the Heart of Chesapeake Country Heritage Area to Drew Harty of Galene Studios of Treadwell, NY at the cost of $43,900 to produce the programs and $10,875 to purchase the hardware and accessories for a total cost of $54,775. The Council acknowledged that the cost of the audio video production will be paid with grant funds from the Maryland Heritage Area Authority Grant entitled “Exhibition in the Dorchester County Visitor Center at Sailwinds Park East” and from a Chesapeake Bay Gateways Network Grant. Council further acknowledged that the bidder, while not the low bidder, has extensive experience with the development plans for this project. REQUEST FOR PROPOSALS-VISITOR GUIDE PRINTING-TOURISM The Council approved the request of Ms. Fenstermaker to advertise requests for proposals for the printing of the 2008 Dorchester County Visitor’s Guide. REQUEST FOR LETTER OF SUPPORT-TOURISM PROTECTION ACT-TOURISM The Council deferred a request from Ms. Fenstermaker for a letter of support for Senate Bill 458 and for House Bill 1097, both which are entitled “The Tourism Promotion Act 2008.” Council acknowledged that the Act, modeled after similar legislation in Missouri, would require no new taxes to fund; mandates annual grants to local tourism offices from the State’s Office of Tourism Development; and allocates ½ of the increase over 3% in annual sales tax revenues derived from gross tax receipts coded for tourism activities by the Comptroller’s office to the Tourism Development Board Fund for distribution to local tourism efforts based on specific performance measures. Pursuant to comments from Councilwoman Elzey, the Council agreed to determine positions for the Maryland Association of Counties (MACO) and the Maryland Municipal League (MML) regarding the proposed bill prior to offering local support. BID AWARD-WATER RESOURCES ELEMENT-PLANNING AND ZONING The Council approved the request of Rodney Banks, Assistant Planning and Zoning Director, to award the bid for a technical review and evaluation of water, sewer and storm water capacity to Environmental Resources Management, the lowest bidder, at a cost of $36,596 for Dorchester County; $10,488 for the City of Cambridge; $8,588 for the Town of Hurlock; $7603 for the Town of Vienna and $4657 for the Town of Church Creek for a total cost of $67,931. Council acknowledged that this water resource element for current and projected County use is required to meet the mandate for inclusion in the County’s Comprehensive Plan update pursuant to House Bill 1141 2008 RENTAL ASSISTANCE APPLICATION/GRANT AWARD-LOCAL MANAGEMENT BOARD The Council approved the request of DORCHESTER COUNTY FY08/09 HOLIDAY SCHEDULE APPROVAL RECONSIDERATION The Council approved the Fiscal Year 2008/2000 holiday schedule based on the fiscal year starting with July 4, 2008 and ending with Memorial Day. The Council agreed to add two holidays to the schedule, Friday, December 26th and Friday, January 2nd for fiscal 2009 only. COUNTY COUNCIL MEETING SCHEDULE-FOURTH QUARTER FY07/08 The Council approved the fourth quarter FY07/08 meeting schedule with meetings on April 1, April 15, April 22, May 6, May 13, May 27, June 13, and June 17. Ms. Baynard stated that the meeting schedule was projected in keeping with the dates necessary to hold all public hearings, as set forth in Charter, for the adoption of the FY 2009 budget. TELEPHONE CONFIRMATION Ms. Baynard confirmed that the following action was agreed upon by the Council by means of telephone polls in the interim between meetings: The Council agreed by a 4 to 1 vote (one Council member could not be reached) to forward an email to Paul Loather at the National Park Service expressing its disappointment that the National Park Service staff decided in favor of the U.S. Lighthouse Society for ownership of the Hooper Island Lighthouse and asking for time to assess the situation and obtain reaction from the public about the loss of the County’s last remaining lighthouse. PUBLIC COMMENTS COUNCIL’S COMMENTS/ADJOURNMENT Councilman Nichols reminded Council that the Humane Society will hold its 2nd Annual Humane Society Blindfolded Dinghy Races Fundraiser on Saturday, June 7, 2008 from 10 AM to 2PM. Council agreed that the event may be held at the Trenton Street Park. In response to a question from Bruce Coulson, the instructed Ms. Baynard to investigate possible funds available from DNR to again place portable bathroom and dumpsters at County boat ramps in advance of the actual grant period for those services. Mr. Coulson reminded Council that this action had been taken last year due to remaining funds and stated that, in his opinion, the early placement had assisted local fishermen and also helped to curb roadside litter. 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 March, 2008. | |||||||||
