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Meeting Minutes
posted: 12/20/05
County Council Meeting Minutes
December 20, 2005
County Council of Dorchester County Amended Regular Meeting Minutes County Council of Dorchester County Amended Regular Meeting Minutes December 20, 2005
The County Council of Dorchester County met in regular session on December 20, 2005 with the following members present: Glenn L. Bramble, President; David Yockey, Vice President; Effie M. Elzey; William V. Nichols and Ricky Travers. Jane Baynard, County Manager, Chip MacLeod, and Christopher Robinson were also present.
REGULAR SESSION
The Council convened in a Regular Session with Councilman Bramble presiding.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman Yockey led the invocation and Councilman Nichols led the pledge of allegiance.
APPROVAL OF MINUTES – December 6, 2005
The Council approved minutes for December 6, 2005 as amended.
APPROVAL OF DISBURSEMENTS
The Council approved vouchers for December 20, 2005. Councilman Bramble abstained from voting on vouchers to Dorchester Service Associates and Councilman Travers abstained from voting on vouchers to Simmons Center Market.
FINANCIAL REPORT: CASH AND INVESTMENTS
Total cash and investments to date is $13,670,912.84.
EXECUTIVE SESSION SUMMARY
Councilman Bramble announced that the Council discussed two personnel items, one legal item and one Economic Development item.
PAYMENT AUTHORIZATIONS: BOARD OF EDUCATION
The Council accepted two Payment Authorizations for the Board of Education FY 2002 Capital Bonds in the amount of $1,460.84 and $4,383.16 for Mace’s Lane
Middle School construction and Paygo Funds for FY 2004 in the amount of $116.75 for an Educational Adequacy Study.
MANAGER’S COMMENTS
UPPER SHORE WORKFORCE INVESTMENT BOARD APPOINTMENTS
The County Council approved the appointment of Jean-Marc Tassè and Sam Mehta to fill the two vacancies on the Upper Shore Workforce Investment Board.
REQUEST TO ADVERTISE FOR VACANCY – PLANNING & ZONING
The County Council approved a request to advertise the position of Zoning Inspector which will be vacant as of January 31, 2006.
REQUEST TO SELL SURPLUS EQUIPMENT – PUBLIC SAFETY
Based on a recommendation from Steve Williams, Public Safety Director, Council accepted a proposal from Kevin Demery to purchase surplus E.F. Johnson radio equipment. Councilman Bramble asked that Mr. Williams solicit interest on behalf of local farmers before disposing of the equipment.
NOISE ORDINANCE EXCEPTION REQUEST
The Council denied a request from Mr. John Neal Sr., owner of Madison Bay Marina & Campground, for a blanketed variance from the County noise ordinance based on Attorney E. Thomas Merryweather’s written legal opinion that such exemption would have to apply to all similar businesses. Ms. Baynard confirmed that Mr. Neal would still have the option to apply for a variance for an individual event.
REQUEST FROM ORPHAN’S COURT JUDGES
The Council deferred a request from Ms. Baynard to consider a legislation initiative for the next General Assembly to increase the salaries and/or expense allowances for the three local Orphan Court Judge’s positions for the next term. The Council agreed to reconsider this request at its January 3, 2006 meeting.
PUBLIC HEARING: 2005 DORCHESTER COUNTY LAND PRESERVATION & RECREATION PLAN
Karen Houtman, former Planner and active consultant, and Scott Eberspacher, Director of Recreation & Parks presented the 2005 Land Preservation & Recreation
Plan. Ms. Houtman stated that questionnaires had been sent out to get input from the public and that the surveys were published in local newspapers. She also stated that comments from the State were due by December 9, 2005 but none had been received. Ms. Houtman expressed that they would continue to apply for grants, share data between agencies, and preserve acreage. She stated that they would need funds for additional staffing and increased funds for park improvements. Councilwoman Elzey questioned Mr. Eberspacher about needs in the Galestown and Eldorado areas. Mr. Eberspacher stated that he sends requests to each municipality inquiring about their individual needs. The Council accepted the plan for presentation to the State.
LEGISLATIVE SESSION
The Council held a public hearing to consider Bill Number 2005-13, AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY MARYLAND PURSUANT TO SECTION 40-20 OF THE DORCHESTER COUNTY CODE CLOSING THE 6,053 FOOT END PORTION OF BLACKWATER ROAD. Public comment was heard from Mr. Harold Miller, Jr. who recently purchased a parcel that would be affected by the bill. Mr. Miller expressed that he is in favor of the bill. With no further public comment, the roll call vote on the enactment of Bill Number 2005-13 was as follows: Bramble – aye; Yockey – aye; Elzey – aye; Nichols – aye; and Travers – aye.
REQUEST TO INTRODUCE LEGISLATION
The Council considered correspondence from Steve Dodd, Planning and Zoning Director, and agreed that legislation be drafted for a rezoning application for consideration and the scheduling of a public hearing for a rezoning application for Millie Dukes.
LEGISLATIVE SESSION
The Council held a public hearing to consider Bill Number 2005-15, AN ACT TO REDUCE THE ASSESSMENT OF BUSINESS PERSONAL PROPERTY. With no further public comment, the roll call vote on the enactment of Bill Number 2005-15 was as follows: Bramble – aye; Yockey – aye; Elzey – aye; Nichols – aye; and Travers – aye.
The Council held a public hearing to consider Bill Number 2005-16, A RESOLUTION OF THE COUNTY COUNCIL OF DORCHESTER COUNTY, MARYLAND PURSUANT TO CHAPTER 155, ENTITLED ZONING, SECTION 155-38(N) OF THE DORCHESTER COUNTY CODE GRANTING MUNICIPAL
ANNEXATION GROWTH ALLOCATION TO THE CITY OF CAMBRIDGE FOR BLACKWATER RESORT COMMUNITIES. A staff report was presented by Wanda Cole of the Department of Planning & Zoning, which outlined the recommendation of the Planning Commission Finding of Facts, including recommended stipulations should the growth allocation request be awarded by the Council. Councilman Bramble commended Mrs. Cole on her presentation.
A presentation was also given by the applicants, Mr. Sandy McAllister and Mr. Kenneth Usab, who addressed concerns of growth allocation tied to this project including the possibility of flooding, wildlife habitat, storm water and nutrient management, public access to golf course and park and the protection of current farms. The applicants emphasized that if the land was not used as a golf course, it would be used as open space recreation use or returned back to a wildlife habitat.
Public comments were heard and each person was allotted three minutes to speak:
1. Mr. Douglas Worrall, 1604 Town Point Rd., Cambridge asked the Council to adopt growth allocation but require the developer to endow the cost of what he has already orally committed and require a performance bond agreement so citizens know State highway improvements will be done.
2. Dr. Dixie Birch, Sr., Biologist for Blackwater Wildlife Refuge, submitted her written testimony opposing the project. She asked the Council to require a baseline study on water quality, water quantity, birds, fish and wildlife before approving the growth allocation. Councilman Bramble asked Dr. Birch about the wetlands restoration project at Blackwater and what would be done to correct environmental damage should the restoration project fail. John Gill of Fish & Wildlife Services stated that the dredged material used is tested, is cleaner than water run off and that data is collected twice a day.
3. Mr. Tom Johnson, 2407 Beech Street, Cambridge deferred comment choosing to give his allotted speaking time to Dr. Birch.
4. Mr. Wendell Foxwell, 413 Glenburn Avenue, Cambridge deferred comment choosing to give his allotted speaking time to Dr. Birch.
5. Ms. Elizabeth Giese, 4275 Maple Dam Road, Cambridge expressed her opposition to the project. She stated her mother owns adjoining farm land which she feels will depreciate in value by one third, will never drain properly
and will never produce a proper crop due to this project. She stated that, in her opinion, the project is too large and in the wrong place.
6. Ms. Blanche Powell, 304 Taylor Avenue, Hurlock expressed her opposition to the project and expressed her concern that neither the 100 foot nor the 300 foot buffer is sufficient. She also expressed her concern for wildlife and feels the Council should wait for the results from environmental impact studies before approving the growth allocation request.
7. Mr. Rodney Knox, 5670 Lawson Lane, Cambridge supports the development project and would like to see growth and more jobs in the County.
8. Ms. Donna McDonald of Cambridge stated that she supports the project and feels it will benefit the County.
9. Mr. George Maurer, Chesapeake Bay Foundation, submitted written testimony opposing growth allocation. His concerns are that the project would threaten the Chesapeake Bay and feels it does not meet the intent of the Comprehensive Plan.
10. Ms. Linda Wilson, 5314 Ross Neck Road, Cambridge questioned Blackwater's watershed impact on the Little Blackwater and asked that the County Council defer granting the growth allocation.
11. Mr. Fred Polmeroy, 5429 Stoney Ridge Road, Cambridge endorses eco-tourism as opposed to land development and suggested putting the issue to a ballot and letting the voters decide.
12. Mike Walsh, Hyatt General Manager, stated that the project would benefit those that need work and asked the Council to consider an option that will benefit the livelihood of local residents.
13. Mr. Mark Lappin, 305 Sunburst Highway, Cambridge expressed his support for the project and stated that the project would afford more employment opportunities.
14. Ms. Katherine McCully, 3710 Willey Road, Hurlock asked that a traffic study be completed prior to the granting of any growth allocation and voiced her concerns about impact fees, protecting Blackwater Wildlife Refuge and how much employment the project would actually offer.
15. Mr. Chad Malkus, 8 Willis Street, Cambridge stated that he is not opposed to the project and is hopeful increased development will result in employment opportunities for youth.
16. Mr. Daniel Beall, 116 Belvedere Avenue, Cambridge feels there should be more of a boundary between the water and agricultural activities and stated he believes the proposed development provides a better buffer area.
17. Mr. Charlie Hutchison, 2 Shawnee Road, Cambridge voiced his concern that the location of the project may be submerged in water by 2050 due to the rise in sea level and that the cost to prevent this would fall on the taxpayers.
18. Mr. Phil Feldman, 15Manito Drive, Cambridge cited his belief that the project would help the tax base and praised the developer for only wanting quality builders working on the project.
19. Mr. Larry Mills, 205 High Street, Cambridge spoke in support of the project.
20. Mr. Gerry Boyle, 1211 Race Street, Cambridge stated concerns that the future of the community will rely on growth and supported the proposed development.
21. Ms. Shirley Greene, 2430 Rock Drive, Cambridge stated that she would be affected by the project but was not opposed to it citing a need for growth in the community.
22. Ms. Cindy Slacum, 205 Virginia Avenue, Cambridge opposed the project due to its placement in a sensitive area and expressed concern that environmental studies still need to be completed. She asked the Council to take a cautious approach. She acknowledges the need for jobs but feels the County should play on its uniqueness.
23. Dr. Eileen McClellan of the Eastern Shore Land Conservatory stated she supports growth but opposed the project. She voiced her concerns that it would not meet the community’s needs and would like to have a full comprehensive study to see what the impact would be. She also suggested that an escrow be set up to pay for any immediate damages that occur.
Jane Baynard, County Manager, read a list of concerned citizens who had sent in correspondence prior to the meeting. They included Mark and Linda Wilson, Charles
Biskach, John and Pat Titus, Tom Stumps, Sharon Stumps, Frank Spitts, Doug and Denise Kyle, James Slacum, Amelia Wright, Mark Winmiller, Helen Malkus of Hunan Associates and Maria Johnson.
Councilman Bramble emphasized that the State Critical Area Commission can still deny growth allocation even if the County Council approves the request. Councilman Yockey stated he was not for or against the project but feels waiting for studies to be completed is a good idea to protect Blackwater Wildlife Refuge. Councilwoman Elzey stated that the developer has met all growth allocation criteria and feels there is no just cause for the Council not to move ahead. Councilman Travers stated that he felt the developer had been treated unfairly due to changes in the State’s growth criteria after the application for growth allocation was issued. Councilman Nichols expressed his concern that additional development that requires growth allocation from the County’s remaining reserve will be detrimental to a planned growth approach. Councilman Travers motioned to approve the growth allocation as requested for the City of Cambridge for 313.12 acres specific to the Blackwater Resort Communities project development with the condition that the developers and City Council provide the County Council copies of any and all Public Works agreements, ordinances or resolutions setting forth the developer’s responsibility to guarantee or ensure the design and construction of public facilities, fund studies or underwriter cost of public improvement.
With no further public comment, the roll call vote to grant 313.12 acres of growth allocation pursuant to Planning Commission Resolution 2005-16 was as follows: Bramble – aye; Yockey – nay; Elzey – aye; Nichols – nay; and Travers – aye. Council asked that staff prepare appropriate Finding of Facts to be presented at a future meeting and to be adopted at such time as the resolution is executed.
DISCUSSION REGARDING PROPOSED LEGISLATION
The Council deferred discussing proposed legislation regarding establishing a Tavern license and legislation to govern “bottle clubs” until January 3, 2006.
EXCISE TAXES FOR CHURCH EXPANSION
Based on a request from Ms. Baynard, Council reconsidered a prior motion regarding excise taxes and local church expansions and clarified that the Council approved paying excise taxes for existing churches wishing to expand their facilities in Dorchester County either by building an addition to an existing structure or by new construction even on an alternative site with in the County. This would exclude any new churches coming in. Councilman Travers asked for guidance determining how
long a church should be in existence before qualifying to have their excise taxes paid by the County.
FINAL COMMENTS
The County Council wished everyone a Merry Christmas and Happy New Year.
Councilwoman Elzey noted that January would be busy due to the MACO Conference which will be held at the Hyatt Regency.
With no further business to discuss, the Council adjourned.
ATTEST: DORCHESTER COUNTY COUNCIL:
________________________________ ________________________________ Jane Baynard, County Manager Glenn L. Bramble, President
________________________________ David Yockey, Vice President
________________________________ Effie M. Elzey
________________________________ William V. Nichols
________________________________ Ricky Travers
Approved the _____ day of _______________________, 2006.
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