Meeting Minutes
Meeting Minutes
posted: 07/17/08
County Council Meeting Minutes
July 1, 2008
County Council of Regular Meeting Minutes July 1, 2008 The County Council of Dorchester County met in regular session on July 1, 2008 with the following members present: Present were: Jay L. Newcomb, Vice President; Effie M. Elzey; Ricky Travers; and Rick Price. Councilman Nichols was absent. Also present were E. Thomas Merryweather, 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; pursuant to §10-508(A)(3)t o consider the acquisition of real property for a public purpose and matters directly related thereto; 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; 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 Councilwoman Elzey led the invocation and Councilman Price led the pledge of allegiance. CALL FOR ADDITIONS OR DELETIONS TO AGENDA There were no additions or deletions to the agenda. APPROVAL OF MINUTES-JUNE 17, 2008 The Council approved the minutes for June 17, 2008 as presented. APPROVAL OF DISBURSEMENTS The Council approved vouchers as presented with Councilman Travers abstaining for payments made to Simmons Center Market. FINANICAL REPORT: CASH AND INVESTMENTS Councilman Nichols reported total cash and investments as $970,270.12. Budget Transfer Requests: Finance, Emergency Management, Recreation & Parks, Planning & Zoning, Elections, Highway, Tourism, Economic Development/Dorchester First! FINANCE DEPARTMENT The Council approved a Budget Transfer Request from Mike Spears, Finance Director, to transfer $5,900 from Data Processing in the Finance Department’s FY08 operating budget to Postage ($4,000) and Office Supplies ($1,900) to offset line item expenditures. EMERGENCY MANAGEMENT The Council approved a Budget Transfer Request from Wayne Robinson, Emergency Management Director to offset line item expenditures by transferring from the FY08 Emergency Management operating budget $1,700 from Auto Expense, $700 from Printing and Publishing and $865 from Contractual Services to the following: $1,700 to Auto Fuel, $700 to Office Supplies and $865 to Other Expenses for the purchase of wind gauges. RECREATION AND PARKS The Council approved a Budget Transfer Request from Scott Eberspacher, Recreation and Parks Director, to offset line item expenditures by transferring from the FY08 Recreation and Parks operating budget $6,000 from Auto Expenses, $1,200 from Pool-Other Expense, and $1,500 from Ball Park Electric to the following: $6,000 to Auto Fuel, $1,200 to Pool-Food, $500 to Contractual Services and $1,000 to Employee Uniforms. PLANNING AND ZONING The Council approved a Budget Transfer Request from Steve Dodd, Planning and Zoning Director to offset line item expenditures by transferring from the FY08 Planning and Zoning operating budget $3,000 from Auto Expense to Auto Fuel. ELECTIONS The Council approved the following Budget Transfer Requests from Karin Kuntz, Elections Office Director: 1) transferring $21,250 from Rental of Land and Building to Rental of Equipment to cover unanticipated costs for FY07 voting system expenses due to a delay in billing by the State Board of Elections; 2) transferring $4,000 from Office Supplies and $3,000 from Postage for a total of $7,000 to Salaries-Other to offset line item expenditures. HIGHWAY The Council approved the following Budget Transfer Requests from Bob Tenanty, Public Works Director, from the FY08 Highway Division operating and capital budgets: 1) transferring $12,000 from Roadway-Other Materials to Other Administration-Contractual Services; 2) transferring $15,000 from Capital Fund-County Office Building (new vehicles) to Capital Fund-Public Works (new vehicles) based on the Council’s January 30, 2007 agreement to waive bids and approve the purchase of a ½ ton pickup for the Maintenance Department with funding from the FY07 Highway Capital Budget, which would then be paid back from the FY08 Maintenance Budget; 3) transferring $125,000 from Asphalt Oil for Blacktop, $114,000 from Stone for Blacktop and $41,000 from Blacktop Salaries for a total of $280,000 to Blacktop Contract Services to pay expenses occurred by contracting out to an outside contractor half of the annual laying of asphalt for FY 2008; 4) transferring $11,502.17 from Surface Treatment Stone and Materials to Shop-Contractual Services for emergency repairs to the County’s blacktop plant. TOURISM The Council approved a Budget Transfer Request from Amanda Fenstermaker, Tourism Director, to transfer $6,240 from the FY08 Tourism Department’s operating budget Tourism Miscellaneous Revenue line item to Contract Services. ECONOMIC DEVELOPMENT/DORCHESTER FIRST! The Council approved a Budget Transfer Request from Keasha Haythe, Economic Development Director, to offset current year expenditures by transferring from the FY08 Economic Development budget for Dorchester First! $873 from Overtime, $2,299 from Office Supplies, $436 from New Equipment and $5,701 from Miscellaneous-Prior Year Surplus to the following: $5,527 to Marketing and $3,782 to Salaries/Other. EXECUTIVE SESSION SUMMARY The County Council of Dorchester County convened in an Executive Session at 4:30 p.m. on July 1, 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; pursuant to §10-508(A)(3)t o consider the acquisition of real property for a public purpose and matters directly related thereto; 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; 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) approved a request to hire two individuals to fill two vacant Emergency Communication Specialist positions at the 911 Center by a 4 to 0 vote; 2) approved a request to hire an individual to fill a vacant Circuit Court Administrative Assistant position due to the retirement of an employee by a 4 to 0 vote; 3) confirmed salary increases for grant positions in the Family Support Services division at Circuit Court contingent upon the availability of grant funds by a 5 to 0 vote; 4) approved the re-advertising of a Highway Division Manager position in the Public Works Department by a 5 to 0 vote; 5) approved a request to reclassify a Highway employee from a MEO II to a MEO III by a 5 to 0 vote; 6) agreed to transfer Animal Control to the Sheriff’s Office by a 5 to 0 vote; 7) discussed with representatives from the Boy Scouts of America, and the Eastern Shore Land Conservancy a property acquisition and land management agreement; 8) deferred a request for an exemption from County personal property tax on manufacturing equipment and inventory for a local company for more information. 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. LegislatiVE SESSION The Council adjourned to legislative session. PUBLIC HEARING-BILL NO. 2008-10 AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY, MARYLAND PURSUANT TO THE AUTHORITY OF ARTICLE 25A, SECTION 5(S) OF THE ANNOTATED CODE OF MARYLAND ADDING NEW CHAPTER 25 TO THE CODE OF PUBLIC LOCAL LAWS OF DORCHESTER COUNTY, MARYLAND, BEING ARTICLE 10 OF THE CODE OF PUBLIC LOCAL LAWS OF MARYLAND, ENTITLED "OPEN AIR BURNING - LIMITATIONS", PROVIDING FOR BURNING BANS AS DECLARED BY THE COUNTY COUNCIL OF DORCHESTER COUNTY, MARYLAND, PROHIBITING OPEN AIR BURNING UPON PASSAGE OF A BURNING BAN, PROVIDING FOR NOTICE OF ANY BURNING BAN, PROVIDING FOR EXCEPTIONS TO ANY BURNING BAN AND PROVIDING FOR VIOLATIONS AND PENALTIES, ALL TO PROMOTE AND MAINTAIN THE PEACE, HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF E. Thomas Merryweather, County Attorney, stated that the public hearing was being held on a proposed bill which would give the Council authority to declare a temporary burning ban if it is determined that due to severe dry conditions there exists a fire hazard that may affect the health and welfare of the County’s citizens. He explained that pursuant to the bill the Council would be able to impose a burn ban by resolution without the necessity of holding a public hearing. He noted that the burning ban would not go into effect until notice of the ban was published in a general circulation newspaper that states the date and time the ban would go into effect and the area(s) in Dorchester County that the burning ban will affect. Mr. Merryweather explained that the burning ban would not apply to supervised burnings under the direct control and supervision of qualified instructors at a training center operated by a fire department or supervision of qualified fire instructors or a fire chief, captain or fire line officer of a fire department that has fire jurisdiction in the County. He stated that if the Council approved the passage of the bill the legislation would go into effect after sixty days. Mr. Merryweather noted that no individual indicated on the public hearing signup sheet that they would like to speak. He asked if there were any public comments. Bruce Coulson, a In response to a question from Mr. Coulson as to whether not he would be culpable as a campground owner if a camper were to start a fire during a burn ban, Mr. Merryweather stated he would not be responsible as long as signage was posted about the burn ban. Councilman Price questioned whether the fines collected could be distributed to fire companies in the district the illegal burning incurs. Mr. Merryweather noted that the bill did not contain specific provisions on how to distribute the fines. Based on a question from Pete Macinta, a Dorchester County resident, Mr. Merryweather clarified that the Council could agree by telephone phone to a resolution to declare a burn ban but noted that the ban would not go into effect until it was advertised in a local newspaper. In response to a question from Wendell Foxwell, a Dorchester County resident, as to whether or not the burning of marshland at Blackwater Wildlife would be affected by a burn ban, Mr. Merryweather stated that the Council could, at the recommendation of local fire departments, or other requesting agencies, declare a burn ban which would include marsh burning. The role call on the enactment of Bill No. 2008-10 was as follows: Newcomb-aye; Elzey-aye; Travers-aye; Price-aye. ROADS BOARD Truck Tire Changing Equipment Replacement The Council approved the request of Bob Tenanty, Public Works Director, to purchase a new tire changing unit from Hecklers Motor Parts at the cost of $21,926.47 to be purchased with funds from the FY08 Highway Department Capital Equipment budget designated for the purchase of a paver. The Council acknowledged that although Heckler Motor Parts was not the lowest bidder, the company is a local County business and the quote included an additional small tire changer. Change Order No. 2 - Palmers Mill Road Reconstruction Based on a request from Mr. Tenanty, the Council approved the Change Order request (Change Order No. 2) from David Bramble, Inc. for the Palmers Mill R-33 road reconstruction to: 1) approve payment of additional costs in the amount of $7,604.00 for the removal of unsuitable material found during excavation for the concrete culvert and replacement of the material with stone to provide a stable foundation for setting the culvert; and 2) for a 53 day extension to July 31, 2008 to complete the repairs, including paving, line striping, guardrail and final site stabilization. Bid Waiver Request - Topographic Survey Professional Services The Council agreed to waive bids and approved the request of Mr. Tenanty to award a professional services contract to William Craig & Co, LLC in the amount of $4,400 to perform a topographic survey of the proposed dredge material placement site to be used for the dredging of Chapel Cove. The Council acknowledged that the cost for the survey will be paid with funds from the Public Works FY08 under the budget line item for the surveying services. OTHER Mr. Tenanty advised the Council that the reconstruction of the Galestown Millpond was near completion. He noted that there was a slight delay in installing the decorative lighting and that the surface of the road should be paved July 29, 2008. Mr. Tenanty stated that the Palmers Mill reconstruction would be completed and open within the next ten days. At the request of Jane Baynard, County Manager, Mr. Tenanty stated that some minor cracks had developed on the five foot concrete spillway installed at the Galestown Millpond and that the contractor had injected epoxy in those cracks to seal them. In response to a question from Councilman Travers as to whether or not those cracks developed due to stress, Mr. Tenanty stated that the concrete had been poured in April 2008 prior to the installation of sheeting and that as concrete dries it has a tendency to develop cracks. He expressed his opinion that the cracking was not due to poor design or workmanship. Based on a question from Councilman Travers concerning warranty of the work, Mr. Tenanty stated that the work is guaranteed for one year. Mr. Tenanty explained that routine maintenance of the causeway will be performed by Highway staff annually which maintenance includes viewing the structure for any cracks. The Council agreed that before the full contract price is to be paid to the contractor County staff must review the structure and further suggested that Council be notified before final acceptance of the project. Based on a question from Councilman Price on the status of the grass cutting, Mr. Mills noted that grass was currently being cut and that the busher was in the Reliance and Finchville areas. He said that he would be sending County staff to the southern end of the County soon to work on cut phragmites. Bruce Coulson, a REGULAR SESSION MANAGER’S COMMENTS Critical Area Commission Appointment The Council appointed Councilman Nichols as the County’s Critical Area Commission representative. The Council acknowledged that the appointment is shared with Talbot County by appointing a business representative and local elected official and said it was Dorchester County’s responsibility to appoint the elected official. Ms. Baynard noted that Senator Richard Colburn will be notified based on the legislation that applicants be made on the advice of the Senate and staff will determine how to finalize the appointment because the General Assembly is not currently in session. Request for Assistance with Galestown Pond Causeway Lighting Expenses – Don Bradley The Council approved the request of Don Bradley, Circuit Rider, on behalf of the Town of Galestown, for funds in the amount of $1,500 from the FY09 Contingency Fund to pay the electric bill for five decorative lights which were recently installed at the Galestown Pond Causeway and agreed to make this payment an annual budget line item in future budgets. The Council acknowledged that the lights are located on a County owned road. Regional Mental Health Advisory Committee Appointments At the recommendation of Joseph T. Newell, Executive Director for Mid Shore Mental Health Systems, the Council reappointed Michelle Garrett and Elicia Perez to the Regional Mental Health Advisory Committee to represent Request to Advertise Vacancy – Planning & Zoning, Finance Office The Council approved the request of Steve Dodd, Planning and Zoning Director, to advertise the vacant position of Environmental Planner which is funded in that Department’s FY09 budget. The Council approved the request of Mr. Spears to advertise the vacant Assistant Finance Director position for the Finance Department which is funded in that Department’s FY09 budget. Grant Acceptance/Budget Revision – The Council accepted a grant award from The National Park Service’s Chesapeake Bay Gateways Network in the amount of $30,000 for the project entitled Harriett Tubman Underground Railroad Interpretive Plan. The Council also agreed to a budget revision as the original grant request submitted was for $51,500 and only $30,000 of that amount was awarded. The Council acknowledged that the funds are to cover the interpretive plan portion of the overall project which had also originally included website design and a driving brochure. FY08 Emergency Shelter Grant Application Request-Delmarva Community Services The Council approved the request of Michelle Nichols, Program Director for Delmarva Community Services, to submit a FY2008 Emergency Shelter grant application to the Maryland Department of Housing and Community Development for funds in the amount of $30,000 with a 10% local match allowed for in the FY09 allocation for Delmarva Community Service. The Council acknowledged that the intent of the grant is to provide Homelessness Prevention and to support the operation and staffing of the transitional home for men. Telephone Confirmation Ms. Baynard confirmed that the following action was taken by the Council by means of telephone polls in the interim between meetings: approval by a 4 to 1 vote to provide $5,300 to the Town of Hurlock in lieu of restoring the historic tax rebate to the Town for FY08 only. PUBLIC COMMENTS There were no public comments. COUNCIL’S COMMENTS/ADJOURNMENT Councilwoman Elzey advised that at the Council’s next meeting on July 15, 2008 Wen-Fei-Uva of the Mid Shore Regional Council will provide information regarding the “Local Buy Challenge” week, July 19 to July 27, 2008, which encourages residents to eat one item a day from a local farm during that week. Based on a motion made by Councilman Price, the Council agreed to Delegate Jeannie Haddaway sending a letter to John D. Porcari, Secretary of the Maryland Department of Transportation, requesting his assistance in getting repairs and upgrades made to the Back Landing Bridge. In response to a request from Councilman Price for clarification of the timeline on the review of the composting proposal recently received and when the public hearing will be held, Ms. Baynard explained that the Composting Proposal Review Committee had met once and is developing questions for an upcoming meeting with the respondent. She noted that it is anticipated that the Council will receive recommendations from the Committee at its July 15, 2008 meeting. Ms. Baynard advised that if the Council then agreed to proceed with the proposal a public hearing will be scheduled and the Council will meet with legal counsel in drafting legal documents. The Council agreed to send a letter to the U.S. Army Corps of Engineers requesting that in conjunction with the engineering and design of the maintenance dredging of the Honga River/Tar Bay Federal navigation channel, the Army Corps of Engineers should move forward with the placement of a breakwater or jetty adjacent to the channel. Based on a recommendation by Councilman Travers, the Council agreed to appoint Wendell Foxwell to the Senior Council as a District 3 representative. The Council acknowledged that Mr. Foxwell’s term will expire on July 1, 2011. With no further business to discuss, the Council adjourned. | |||||||||
