Meeting Minutes
Meeting Minutes
posted: 09/15/08
County Council Meeting Minutes
August 26, 2008
County Council of Regular Meeting Minutes August 26, 2008 The County Council of Dorchester County met in regular session on August 26, 2008 with the following members present: Present were William V. Nichols, President; Jay L. Newcomb, Vice President; Effie M. Elzey; Ricky Travers; and Rick Price. 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; (4) To consider a preliminary matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; (7) To consult with counsel to obtain legal advice on a legal matter; (10) To discuss public security, if the public body determines that public discussion would constitute a risk to the public or to public security, including: (i) the deployment of fire and police services and staff; and (ii) the development and implementation of emergency plan 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 CALL FOR ADDITIONS OR DELETIONS TO AGENDA The Council approved the addition of an item to declare equipment from the Planning and Zoning Department surplus property in order to include that property in the County’s surplus property bid. APPROVAL OF MINUTES-AUGUST 12, 2008 The Council approved the minutes for August 12, 2008 as presented. APPROVAL OF DISBURSEMENTS The Council approved vouchers as presented. FINANICAL REPORT: CASH AND INVESTMENTS Councilman Nichols reported total cash and investments as $1,146,614.97. Capital Payment Authorizations-Board of Education The Council approved a capital payment authorization request from Dr. Frederic Hildenbrand, Superintendent of Schools, in the amount of $33,809.34 from General Funds/PAYGO 2007 for costs associated with the replacement of the North Dorchester Middle School. The Council approved a capital payment authorization request from Dr. Hildenbrand in the amount of $1,141 from 2009 Transfer Tax Fund/PAYGO for paying and concrete site work at South Dorchester K-8. The Council approved a capital payment authorization request from Dr. Hildenbrand in the amount of $30,692 from 2008 Transfer Tax Fund/PAYGO for sidewalk replacements at Sandy Hill Elementary, South Dorchester K-8, Warwick Elementary and the Judy Center. The Council approved a capital payment authorization request from Dr. Hildenbrand in the amount of $41,176.80 from 2008 General Funds/PAYGO for the following: library book replacement program, $22,837.09; mobile personal computer labs, $4,290; printers, $8229.02 and additional network switches, $5,820. The Council approved a capital payment authorization request from Dr. Hildenbrand in the amount of $293,707.94 from FY08 Excise Tax Fund/PAYGO of which $251,544 was for costs associated with the replacement of the School of Technology and $42,163.94 was for costs associated with the replacement of North Dorchester Middle School. The Council approved a capital payment authorization request from Dr. Hildenbrand in the amount of $9,728.40 from 2008 Transfer Tax Fund/PAYGO for the following items: sidewalk replacements $6,446.01; windows, walls, floors and doors, $881.39; electrical system at Cambridge South Dorchester, $2,250; two portable classroom units at the South Dorchester K-8, $99 and replacement of steam traps at the Board of Education, $52.00. The Council approved a capital payment authorization request from Dr. Hildenbrand in the amount of $77,153 from 2008 bonds for costs associated with the replacement of the School of Technology. EXECUTIVE SESSION SUMMARY The County Council of Dorchester County convened in an Executive Session at 4:30 p.m. on August 26, 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; (4) To consider a preliminary matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; (7) To consult with counsel to obtain legal advice on a legal matter; (10) To discuss public security, if the public body determines that public discussion would constitute a risk to the public or to public security, including: (i) the deployment of fire and police services and staff; and (ii) the development and implementation of emergency plan
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) denied a request to grant administrative leave to employees who are serving as election judges on Election Day by a 4 to 0 vote; 2) approved a request to reorganize positions at the State’s Attorney’s Office by a 4 to 0 vote; 3) approved an organizational chart for the Public Works Department by a 5 to 0 vote; 4) approved job descriptions for Chief Engineer and Public Works Director by a 5 to 0 vote; 5) continued discussions with legal counsel regarding the closure of the compost site on property adjacent to the Beulah Landfill; 6) discussed with legal counsel a request for assistance in the demolition of a property condemned in the Town of Eldorado and denied County participation by a 5 to 0 vote based on legal advice; 7) discussed access to Maryland Criminal Justice Information Systems with Sheriff Phillips and 911 Director. 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 Proclamation-Veterans Recognition Day The Council presented a proclamation declaring Saturday, September 6, 2008 as Veteran’s and Homeland Security Recognition Day. George Ames, Chaplain, and Judy Moody, Co- Chair of Veterans Recognition Committee, accepted the proclamation. Ms. Moody extended an invitation to the Council to participate in the Veterans Recognition Day celebration on September 6, 2008 from 10:00 a.m. to 3:00 p.m. and noted that a memorial service would be held on that date at 11 a.m. Mr. Ames thanked the Council for its ten years of support to Veterans. Green Point Road-Resident Concerns Daniel Creighton advised the Council that he and his brother, Steve Creighton, own property in Dorchester County located at 3600 Green Point Road and were concerned about the public use of the small strip of land adjacent to their property that they believed is owned by the County. He noted that the deed to their property contains a thirty foot wide right of way for the use of that property. He advised the Council that there have been several instances when residents who were using the property were drinking, using foul language, urinating in public, and creating what he considers as a public nuisance. He noted that he also had problems with individuals trespassing on his property and private pier. Mr. Creighton noted that several individuals had also blocked his access to his property in the past by parking vehicles in the right of way. He acknowledged that Stephanie Simmons, Rick Simmons, Ryan Harris and Cathy Carmean, residents of Green Point Road, were also present. He told the Council that recent problems included unsafe boating activities, individuals drinking and leaving the litter behind, individuals interfering with his pier access, leaving soiled diapers on the property, beer bottles and personal articles of clothing found in the hedges. Mr. Creighton expressed his opinion that the use of the property should be defined and regulated by the County as he believed the property is owned by the County. He recommended that signs be placed on the property that noted the following: property is “closed” from dusk to dawn; that there would be no allowances for consumption of alcohol, no boat trailers, no loud noise or music, no littering, no trespassing on adjacent properties, no fishing and clarification that swimming is at the individuals’ own risk. Mr. Creighton advised that he had spoken to Sheriff James Phillips about the problems associated with the property and that Sheriff Phillips had recommended signs be placed on the property so the use of the property could be properly regulated. Mr. Creighton explained that he wanted the right side of land reserved for he and Ms. Carmean, the adjacent property owners, with the area being defined in their deeds, a county serviced trash can placed on the property and assistance from the County in obtaining signage from the Maryland Department of Natural Resources to restrict personal watercraft and boat access in front of the right of way property. E. Thomas Merryweather, County Attorney, advised that an investigation should be undertaken by County staff to determine if the property is actually owned by the County and, therefore, public and what, if any involvement, the County has had with the property including past upkeep or maintenance. He cautioned Mr. Creighton and Council that no action to oversee the use of the property can be assumed by the County until the ownership is defined. Public Hearing-Road Acceptance The Council held a public hearing to consider the acceptance of Arbutus Terrace Road, 0.135 mile, in the Garden Estates Subdivision. Roy Mills, Road Supervisor, advised the Council that the road was inspected by County personnel and meets County standards. With no public comment, the Council accepted the road into the County system noting that the County will receive a fee simple deed for the road. Legislative Session The Council adjourned to legislative session. PUBLIC HEARING Bill No. 2008-11 AN ACT to authorize and empower Dorchester County, Maryland, to borrow up to $7,656,834 on its full faith and credit, and issue and sell its bonds OR OTHER OBLIGATIONS therefore, to be used to pay certain costs of the Fiscal Year 2009 Capital Budget and costs of issuance of such bonds; and to levy taxes upon the assessable property within the County sufficient to pay the debt service on such obligations; and providing for and determining various matters in connection therewith. Mr. Merryweather stated that Bill No. 2008-11 was enabling legislation that gave the County the authority to borrow up to $7,656,834 and to issue and sell its bonds and other obligations to be used to pay costs of the FY2009 Capital budget and costs associated with the issuance of the bonds. In response to a question from Wendell Foxwell, a Dorchester County resident, as to whether or not the bill would result in increased taxes, Mr. Merryweather explained that the bill gives the County the right to collect taxes and that that repayment would be long term which would reduce payments to a minimum per month. Councilman Newcomb noted that funds for the debt service on the bond have already been approved in the FY 2009 Capital Budget and would not affect County tax rates for FY 2009. The role call on the enactment of Bill No. 2008-11 was as follows: Newcomb-aye; Elzey-aye; Travers-aye; Price-aye. PUBLIC HEARING BILL NO. 2008-12 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 AND ARTICLE 24, SECTION 11-504(0) OF THE ANNOTATED CODE OF MARYLAND, AMENDING SECTION 78-2 AND SECTION 78-3 OF CHAPTER 78 OF THE DORCHESTER COUNTY CODE ENTITLED "DOG CONTROL" TO PROVIDE THAT THE DORCHESTER COUNTY SHERIFF'S DEPARTMENT SHALL ADMINISTER CHAPTER 78. Mr. Merryweather explained that Bill No. 2008-12 shifted the administration of Chapter 78 of the Dorchester County Code entitled “Dog Control” from the Public Safety Division to the Sheriff’s Office. He advised the Council that if approved the bill will reflect correct verbage identifying the Sheriff’s Office based on concerns expressed by Sheriff Phillips regarding the original bill which identified the Sheriff’s Department. Carol Embrey, a Dorchester County resident, asked the Council to consider changing the wording of Bill No. 2008-12 to require that Chapter 78 would be administered and enforced by agents and/or employees appointed by the County Council in Dorchester County in order to give the Council flexibility if the administrating agency needs to be changed in the future in order to avoid requiring an emergency resolution to be adopted and to add the provision that the County Manager would be the liaison for the County Council and the Dorchester County Sheriff regarding Animal Welfare. She noted that she had also developed other suggestions for changes to Chapter 78 that she would provide to Council at a later date. Mr. Merryweather noted that the two changes requested by Ms. Embrey would be considered substantive changes which, if adopted by the Council, would mean that the bill would have to be rewritten and re-advertised. Councilman Nichols noted that Ms. Baynard as County Manager was the liaison for the Council and the Sheriff’s Office. The Council accepted the amendment to the bill to replace “Sheriff’s Department” with “Sheriff’s Office”. The role call on the enactment of Bill No. 2008-12 was as follows: Newcomb-aye; Elzey-aye; Travers-aye; Price-aye. General Discussion-Legislation Ms. Baynard noted that the Council would be meeting with State of Maryland Transportation officials on September 23, 2008 at which time the Council would also meet with state legislators to discuss possible legislative requests for the 2009 Maryland General Assembly Legislative Session which will commence in January 2009. She noted that this general discussion had been included on the agenda in order for the Council to start developing a list of items to discuss with the State delegation. She explained that a request had been received from the Town of Secretary requesting that the Council introduce legislation to change Article 2 B, Section 9-210(1) to remove the provision that a new liquor license may not be granted to sell any alcoholic beverages on any premises located within 300 feet of a church. Ms. Baynard suggested that the Council provide the Town’s request to the Board of License Commissioners as they were currently holding hearings on the possibility of recommending that amendment to Council for the 2009 session. She advised Council that in 2008 the members had agreed to discuss increasing the salary for the Office of the Sheriff and amending the powers of the Sanitary District to become a function of local government as proposed legislation for the 2009 Maryland General Assembly. Ms. Baynard noted that the Council had received a memo from Sheriff James Phillips and a letter from the State’s Attorney Office in support of such legislation. In response to a question from Councilman Travers concerning the proposed changes to the Sanitary Commission, Mr. Merryweather noted that the proposed legislation would abolish the Sanitary Commission and that the Council could elect to either reinstate the Sanitary Commission which would then be under the direct authority of the Council or could form a County board. Councilwoman Elzey stated that she believed that Alleghany County, Kent County and Garrett County had amended the powers of the Sanitary District to become a function of local government. The Council agreed to pursue legislation to increase the Sheriff’s salary and requested that staff obtain information on the Sheriff’s salary in surrounding counties and prepare proposed language to change the salary. The Council also agreed to proceed with obtaining more information on amending the powers of the Sanitary District including gathering information from Alleghany County, Garrett County and Kent County. The Council agreed to allow the Board of License Commissioners to gather information on the proposed amendment to Article 2 B, Section 9-210(a) and requested that the resolutions from the City of Cambridge concerning this matter and the request from the Town of Secretary be provided to the Board of License Commissioners. Based on the request of Councilman Newcomb, the Council agreed to execute a letter of support for removing the sunset of 2010 on the legislation that allowed the use of school buses for 15 years. Roads Board The Council adjourned into Roads Board. Revised The Council approved the request of Bob Tenanty, Senior Engineer, to execute a revised Grant and Repayment Agreement between the County and the Maryland Department of Transportation to increase the amount to be repaid with no interest over five years from $1,013,000 to $1,690,000 and extending the repayment period to eight years to cover the non Federal Emergency Management share of roadway repairs following the June 2006 storm. Request to Increase Price-Asphalt/Asphalt Oil The Council deferred requests submitted by Roy Mills, Roads Supervisor, from Fleet Supply and E. Stewart Mitchell for price increases for Asphalt (MC250) and Asphalt Oil (PG6422) for the remainder of the bid period March 1, 2008 through December 31, 2008. The Council agreed to seek legal opinion from E. Thomas Merryweather, County Attorney regarding the proposed price increase to the current contract between Dorchester County and the vendors before taking any action on their requests. OTHER Councilman Price noted that a stop sign had been removed from intersection of River Road and Clark Canning Housing Road. Mr. Mills explained that the sign was removed by vandals and noted that a new sign had already been installed. Based on a question from Councilman Price on the status of paving In response to a question from Councilman Newcomb as to the status of the formation of the Traffic Safety Committee, Ms. Baynard advised the Council that staff was preparing a resolution which would be presented to Council at its meeting on September 9, 2008. Warren Saunders, a Dorchester County resident, advised the Council that he lived on Palmers Mill Road and was concerned about the new guardrails that had been recently installed on the road. He expressed his opinion that those guardrails were installed too close to the road which resulted in the narrowing of the roadway which created a safety hazard as tractor trailer, school bus and farm equipment drivers had difficulty staying on one side of the road. He noted that there the other three sets of guardrails on the road were placed two to three feet from the roadway. He explained that Palmers Mill Road is used by individuals as a short cut from Denton and Federalsburg to Salisbury, Maryland. Mr. Saunders told the County that he talked to law enforcement personnel and Brook view and Eldorado fire department members who also expressed concern about the safety of the road as the guardrails were too close to the road. Based on a question from Councilman Newcomb as to the actual width of the road, Mr. Mills noted that the road was 23 feet six inches wide on the Petersburg side of Palmers Mill Road and 22 feet between Harrison Ferry Road and Williamsburg. Mr. Mills noted that are woods that come to the edge of the road around a turn on that road which affect a drivers ability to see what is coming around the turn. In response to questions from Councilman Nichols concerning right of ways and the width of the road, Mr. Milles explained that the County had right of ways on both sides of the road and that the blacktopped part of the road is still the same width as before the installation of the guardrails. Based on a question from Councilman Newcomb as to whether or not the guardrails are closer to the asphalt than the previous guardrails, Mr. Mills noted that no measurements were taken when the previous guardrails were in place to use as a comparison. Mr. Mills advised the Council that he had recently received road signs to install on Palmers Mill road that noted that the road narrows. Mr. Saunders expressed his opinion that 53 foot tractor trailers should not be allowed to utilize the road. Councilman Newcomb requested that the Traffic Safety Committee, once formed, determine whether or not traffic should be restricted on Palmers Mill Road. The Council requested that Mr. Mills prepare a proposal as to how much it would cost to move the new guardrails installed on Palmers Mill Road two feet off the road and that the engineering plans be reviewed to determine if the guardrails on that road were placed according to specifications. Mr. Saunders thanked the Council. REGULAR SESSION MANAGER’S COMMENTS Modified Phase I The Council approved the request of Mr. Tenanty to execute a modified shore erosion control project agreement between the Council and the Maryland Department of Natural Resources to increase the loan amount from $350,000 to $364,833, of which additional State funds are available in the amount of $14,833, for the Taylor Island Breakwaters project. The Council acknowledged that the first installment of this loan repayment in the amount of $14,593.32 is due July 1, 2009 and is at a zero percent interest rate to be repaid over 25 years. Kirwan’s Wharf Property Agreement The Council approved the request of Mr. Tenanty and Mike Moulds, Engineer, to contract with Lane Engineering to prepare a final plat and install monumentation to identify the boundary lines at the Kirwan’s Wharf boat ramp facility at the cost of $3,600 from the FY 09 Contingency Fund. The Council acknowledged that the plat and monumentation will be used to modify the existing County deed for property. The County further acknowledged that Mr. Merryweather would prepare an agreement for this modification. Beulah Landfill Long Term Protection Agreement The Council approved the request of Steve Dodd, Planning and Zoning Director, to execute a Long Term Protection Agreement pursuant to the Forest Conservation Plan prepared for the Beulah Landfill Cell expansion, which agreement places a perpetual easement on 5.6 acres of forest land owned by the County. The Council acknowledged that Mr. Merryweather will amend the agreement for legal sufficiency of the document as the Public Works Department cannot grant or convey property on behalf of the County and instructed him to revise the agreement. Engineering Services Proposals-Beulah Landfill The Council approved the request of Perry Hall, Landfill Foreman, to proceed with a service order for professional engineering services with the existing landfill consultant, Geosyntech Consultants for the lateral expansion of cell 5 of the Beulah Landfill at the cost of $199,214 from the Landfill Enterprise Fund. The Council acknowledged that Geosyntech Consultants will perform the following tasks: construction document preparation, bid support services, construction quality assurance services and construction certification report preparation. The Council approved the request of Mr. Hall to proceed with a service order for professional engineering services relating to the gas collection and control system at the Beulah landfill with the existing landfill consultant, Geosyntech Consultants at the cost of $16,974.80 from the Landfill Enterprise Fund. The Council acknowledged that Geosyntech Consultants will design the landfill gas collection and control system, submit the design to the Maryland Department of Environment for approval, prepare construction plans and bid documents, provide bidding support and construction quality assurance services and provide support for the registration of the project with the Chicago Climate Exchange. Bid Waiver/Request for Appointment of Bond Counsel-Finance The Council agreed to waive bids and approved the request of Michael Spears, Finance Director, to appoint Funk & Bolton as bond counsel for the upcoming bond issuance at the cost of an amount not to exceed $27,500.00 plus actual out-of-pocket expenses. Road Construction Agreement-Pleasant Riffs-Planning and Zoning The Council approved the request of Mr. Dodd to execute a Road Construction Agreement between the Dorchester County Council and RB and JH Properties, LLC for the construction of a public road to the Pleasant Riffs subdivision located off of Route 14 outside the Town of Secretary. Medical Director Proposal-Emergency Medical Services Based on a request from Jason Shorter, Emergency Medical Services Director, the Council approved a contract for a part time Emergency Medical Services Medical Director at the cost of $150 per hour, with funds from the FY 2009 Emergency Medical Services budget that have been made available due to a reorganization in the Emergency Medical Services Department. The Council acknowledged that Mr. Shorter was negotiating with Dr. Thomas Chiccone to provide these services. The Council further acknowledged that the cost for malpractice insurance will be shared with Talbot County if Dr. Chiccone accepts the position and acknowledged that these costs are accounted for in the contract. Proposed Contract for Reimbursement of Hiring and Training-Emergency Medical Services Based on a request from Mr. Shorter, the Council approved a contract for the reimbursement of hiring and training expenses to be executed by County employees who participate in Emergency Medical Technician-I training, which contract requires an individual to reimburse the County for all expenses relating to the training if that individual’s employment with the Emergency Medical Services Department ceases due to any cause other than termination within two years of the successful completion of the training. Request to Advertise-Conservation Grant Planner-Soil Conservation The Council approved the request of Jim Newcomb, Soil Conservation Director, to advertise a vacant 100% grant funded Conservation Grant Planner position based on the termination of an employee. Grant Award-Underage Drinking Campaign-Local Management Board The Council approved a Governor’s Office of Crime Control and Prevention grant award to the Local Management Board in the amount of $7,000 for the Dorchester County Underage Drinking Campaign for FY2009 to implement a program entitled “Parents Who Host Lose the Most,” to discourage parents from hosting parties and events where alcohol is served to minors for the grant period of July 1, 2008 to April 30, 2009 with no local match. Board Appointments-Sanitary Commission, The Council appointed Charles Hutchinson to the Sanitary Commission to replace Robert W. Cox who passed away. The Council acknowledged that Mr. Hutchinson’s appointment will expire on January 1, 2011. The Council reappointed Sam Mehta as the private sector member to the Upper Shore Workforce Investment Board to represent Dorchester County. The Council acknowledged that Mr. Mehta’s term will commence on July 1, 2008 and continue through June 30, 2011. Declaration-Surplus Property Based on a request from Steve Dodd, Planning and Zoning Director, the Council approved the declaration of two chairs and a map printer as surplus to include in the Council’s upcoming surplus sale. Telephone Poll Confirmations Ms. Baynard noted that in the interim between meetings the Council unanimously approved the execution of a letter of support for the Nause-Waiwash Band of Indians, Inc. grant request to the Heart of Chesapeake Country Heritage Area Management Board for funding in the amount of $3,000 to $5,000 for their 16th annual fall festival. The Council acknowledged that the County cannot provide the funding including a local match nor serve as the applicant for the grant. | |||||||||
