Meeting Minutes
Meeting Minutes
posted: 09/29/08
County Council Meeting Minutes
September 9, 2008
County Council of Regular Meeting Minutes September 9, 2008 The County Council of Dorchester County met in regular session on September 9, 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; 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 Councilman Price led the invocation and Councilwoman Elzey led the pledge of allegiance. CALL FOR ADDITIONS OR DELETIONS TO AGENDA The Council approved the addition of a discussion on guardrails installed at APPROVAL OF MINUTES-AUGUST 27, 2008 The Council approved the minutes for August 27, 2008 as presented. APPROVAL OF DISBURSEMENTS The Council approved vouchers as presented with Councilman Travers abstaining from approving payments to Simmons Center Market. FINANICAL REPORT: CASH AND INVESTMENTS Councilman Nichols reported total cash and investments as $3,645,350.51 EXECUTIVE SESSION SUMMARY The County Council of Dorchester County convened in an Executive Session at 5:00 p.m. on September 8, 2008 in a closed session at Room 110, County Office Building, 501 Court Lane, Cambridge, Maryland, pursuant to the State Government §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)(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) discussed personnel matters relating to general management and took no action; 2) approved a job description for Shift Supervisor for the Emergency Medical Services Department by a 5 to 0 vote; 3) approved a recommendation to hire an individual for Public Works Director by a 5 to 0 vote; 4) sought legal counsel’s advice regarding the ongoing development of the proposed Technology Park; 5) discussed with legal counsel a request for a property tax abatement received from a local church. 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. Commendations: Retirement-Gary Board of License Commissioners Service-Rudolph Aaron; The Council presented a commendation to Rudolph Aaron for his dedicated service and commitment to the Board of License Commissioners and to the citizens of Dorchester County. Mr. Aaron accepted the commendation. Preparedness Month-September 2008 The Council presented a proclamation declaring September 2008 Preparedness Month to recognize the importance of preparing for potential emergencies and honoring the Nation’s police officers, firefighters and emergency personnel for their hard work and commitment to protecting others. Steve Garvin, Emergency Management Planner, accepted the proclamation. Introduction-John Mason, Business Attraction and Expansion Manager-Economic Development Keasha Haythe, Economic Development Director, introduced to the Council John Mason, Business Attraction and Expansion Manager. Mr. Mason thanked the Council for the opportunity to work with Ms. Haythe and the Council in spurring growth and creating jobs in Presentation-Why Certification of Douglas Worrell, member of the Dorchester Citizens for Planned Growth, introduced Joe Tassone, Director of Land Use Planning and Analysis, Maryland Department of Planning, and explained that Mr. Tassone would be providing the Council with information on a voluntary State of Maryland certification program created by the Maryland General Assembly and jointly administered by the Maryland Agricultural Land Preservation Foundation and the Maryland Department of Planning. He stressed that he and Mr. Tassone were not asking the Council to make any decision on whether or not to pursue certification for Dorchester County but were providing the information because County staff were in the process of updating the County’s Comprehensive Plan. Mr. Tassone advised the Council that the goal of the State certification program was to certify the land preservation programs of counties who choose to adopt local policies, ordinances and regulations in order to stabilize the agricultural and forest land base and support working farms and farming activities. He noted that that the program would be funded through the collection of the agricultural land transfer tax, which tax is levied whenever a farm is sold for development and no longer qualifies for agricultural assessments. He noted that in fiscal year 2007 Dorchester County collected $384,019 in locally generated agricultural land transfer tax but only retained 33% of the tax as Dorchester was not a certified County. He explained that if the County had been certified the amount retained would have been 75% of collections. Mr. Tassone noted that obtaining certification was a multi step process with the principal requirement being that an area in the County be designated as a Priority Preservation Area with that element being included in the County’s comprehensive plan. He explained that in order to achieve the final step for certification the Council must commit local funds for the purchase of easements. Mr. Tassone advised that there were currently 26 outstanding offers by farmers in Dorchester County to sell easements to the State totaling 5,305 acres. He offered his assistance to the Council and staff if the Council elected to pursue certification. Mr. Tassone and Mr. Worrell thanked the Council for the opportunity to speak. The Council thanked Mr. Tassone and Mr. Worrell. Mark Eberspacher, a resident of Dorchester County, expressed his support for anything the Council could do to support the preservation of agricultural land in the County in order to preserve the rural atmosphere. He noted that he and his family owned 1,000 acres and that he was a third generation farmer. Galestown Millpond Association Concerns Edward Skibicki, a member of the Galestown Millpond Association, advised the Council that the members of the Galestown Millpond Association had some concerns about the reconstruction of the roadway and dam at the Galestown Millpond during a June 2006 storm event. He thanked the Council for its continued support throughout the reconstruction which resulted in a fully restored roadway, dam and pond. He also thanked Bob Tenanty, Chief Engineer, and Michael Moulds, Civil Engineer, for their support throughout the project. Mr. Skibicki explained that the Association members were planning a celebration and dedication on October 18, 2008 in conjunction with the Town of Galestown and the Ruritan club and were asking the Council to consider closing the Galestown Reliance Road from 9 a.m. to 12:30 p.m. on that date. Mr. Skibicki explained that the members of the association were still concerned about integrity of the weir wall of the Galestown Millpond even though the cracks that formed in the weir wall were repaired as they believed the spillway was not structurally sound. He asked the Council to for written assurance that the weir wall would last for 50 years. Mr. Skibicki advised the Council that although he had addressed concerns with County staff concerning weed control at the millpond and stated that he was not requesting any assistance from the Council at this time to eradicate the weeds based on discussions with representatives from the Department of Natural Resources that expressed their belief that the members should wait another year before pursing any weed control. Mr. Skibicki noted that the water level of the newly constructed dam was 4 to 6 inches higher than the water level prior to the dam break and that, as a result, several properties owners surrounding the dam were affected as portions of their property were flooded. He asked for clarification as to whether or not the water level could be adjusted to a lower level. Mr. Skibicki also expressed concern about there not being signage on the roadway, which is being utilized by tandem trailers and heavy truck. He noted that there were no signs noting weight limits and no speed limit signs posted. Mr. Skibicki advised that the association members would like the Council to consider placing speed bumps on both ends of the roadway by the dam in additional to speed limit signs. He also explained that there was no barrier on a two feet long portion of the roadway which overlooks an approximate eight to ten foot drop down to rip rap, and said that this portion of the roadway is used by residents for fishing. He requested that the Council consider the placement of fence at that location to ensure the safety of residents. Councilman Newcomb expressed concern about closing the Galestown Reliance Road from 9 a.m. to 12:30 p.m. on October 18, 2008 as emergency vehicles would not be able to access that roadway. In response to a question from E. Thomas Merryweather, County Attorney, as to whether or not one lane of the roadway could remain open, Mr. Skibicki stated that they were requesting that the entire road be closed but suggested that if the Council elected only to close one side of the road rubber barriers or barrels be placed on the roadway. The Council requested that Sheriff James Phillips and the Traffic Safety Committee be charged with reviewing the request of the association members to close the road and provide a recommendation to the Council. The Council also requested that the Traffic Safety Committee review and provide recommendations on the association members’ request for signage and speed bumps at the millpond. Roy Mills, Roads Supervisor, noted that speed limit signs had been installed at the Galestown Millpond. The Council requested that information be obtained from engineering staff regarding any information provided to or by the contractor and engineers for the Galestown Millpond reconstruction project pertaining to the water level of the pond and the repairs to the weir wall. The Council advised that staff would provide the correspondence received from the County’s engineers regarding the cracks in the cement wall to the Galestown Millpond Association members. The Council further asked that any reports on the water level in the pond be provided to the full Council for review. Mr. Merryweather noted that the County is now required to maintain and supervise the Galestown Millpond. The Council requested that the Galestown Millpond be placed on a list at the County’s Public Works Department for annual inspection. The Council instructed Mr. Mills to review and provide to the Council a recommendation regarding the installation of a safety fence on the Nanticoke side of the millpond where residents fish. Mr. Skibicki thanked the Council for the opportunity to speak. Mark Christopher, a resident of Presentation-Draft Blackwater Watershed Plan-Soil Conservation/Wanda Cole Jim Newcomb, Soil Conservation Director, explained that the Little Blackwater Advisory Group had developed a draft Blackwater watershed plan with grant funding received from the Department of Natural Resources. He advised the Council that Wanda Cole was working with the advisory board on the preparation of the plan and would provide an update to the Council. Ms. Cole advised the Council that since its inception in March 2006 the Blackwater Advisory Group had spent $1 million on research and monitoring the Blackwater watershed including studying fish and their health and monitoring ground water and surface water. She explained that the group had developed the following goals: 1) managing storm water for a ten year storm; 2) managing the long term effects of storm water runoff from developed ditches; 3) maintaining the existing open space character along the Little Blackwater River and its tributaries which included Maple Dam Branch, Hughes Dam Creek and Pitcherdam Creek; 4) supporting ongoing research and monitoring of the effects of changes in land use on groundwater and surface water quality, aquatic habitat and recruitment of aquatic and upland species; and 5) increasing forest and riparian coverage throughout the watershed. Mr. Newcomb asked the Council members to review the draft plan and let him or Ms. Cole know if they had any questions. He expressed his hope that the Council would provide a vote of support for the plan which gives staff the support to move forward to achieve the goals of the group when they are feasible and cost effective. The Council thanked Mr. Newcomb and Ms. Cole for their presentation. The Council agreed to execute a letter of support for the draft Blackwater Watershed plan. Final Discussion-Legislation Ms. Baynard noted that at its August 26, 2008 meeting, the Council had agreed to consider the following proposal for the 2009 Maryland General Assembly legislative session: 1) increasing the salary of the Dorchester County Sheriff; and 2) amending the powers of the Sanitary District. The Council also acknowledged that the City Council had provided a request for legislation to increase the room tax from the current 5% to 8% while retaining the existing local allocations between the City and County. The Council agreed to move forward with proposed legislation to increase the salary of the Sheriff starting with an increase in 2010 to $85,000 with $1,500 increments ending in 2013 with a salary of $89,500. Councilman Nichols opposed. Ms. Baynard noted that information had been provided to the Council regarding Kent County, Garrett County and Alleghany County, specifically identifying how the three counties had amended the powers of their respective Sanitary Districts, which included whether or not a Sanitary Commission still existed and for what purpose. She stated that the information also detailed the structure of their County governments in order to include the Sanitary District functions. In response to a question from Councilman Price as to how the change would affect the Dorchester County sanitary districts, Mr. Merryweather advised that it was his understanding that with the amendment the County Council would govern all of the sanitary districts in the County and that there would be no Sanitary Commission. Ms. Baynard explained after Kent County amended the powers of its Sanitary Commission, a Department of Water and Waste Water was created while a Utilities Division had been created at both Alleghany and Garrett counties with those departments/divisions reporting to the County Councils. She advised that if the Sanitary Commissions for those counties were retained it was because the Sanitary Commission owned property on which water and waste water facilities were located. Mr. Merryweather stated that he believed the Sanitary Commission in Alleghany County still served in an advisory capacity to the County Council. Mr. Merryweather cautioned that the Council may want to consider what outstanding bonds the Sanitary Commission holds and its anticipated capital debt obligations for the future before considering whether or not to amend the powers of the Sanitary Commission. The Council asked Mr. Merryweather to forward to the Sanitary District correspondence regarding that entities’ outstanding bonds as well as clarification of the Commissions’ debt service and anticipated capital debt obligations for the future. The Council agreed to defer discussion of this matter from its meeting with local legislators on September 23, 2008 until more information could be obtained but agreed that the issue would remain a possible legislative item for the upcoming session. The Council agreed not to pursue proposed legislation to raise the County’s hotel tax 5% to 8% as requested by the City Council. Councilwoman Elzey advised that any increase to increase the room tax would require, in her opinion, a dedication of a portion of the tax proceeds to tourism instead of general fund expenditures. Councilwoman Elzey advised the County that at a recent meeting with representatives of the Farm Bureau she was approached by Bill Layton, a Dorchester County resident, regarding a proposal for legislation to create a Class “W” winery license in the State of Maryland which would allow wineries to serve wine at their facilities. She explained that she had forwarded the request to Gloria Dolan, Commissioner for the Dorchester County Board of License Commissions, and that Ms. Dolan had advised she would present the information to the Board for consideration. The Council requested that more information be obtained concerning the proposed legislation to create a Class “W” winery license. Bruce Coulson, a Dorchester County resident, stated that he was in favoring of proposed legislation regarding wine being served at wineries as he believed it would increase business in the County. Councilman Newcomb noted that the Council had previously agreed to send a letter of support for the Bus Contractor’s Association request for legislation to remove the sunset of 2010 on legislation previously adopted that allowed the use of school buses for 15 years and that he was waiting for the Association to forward a request for the letter. In response to a question from Mr. Coulson as to what, if any action, the Council was taking to amend Article 2 B, Section 9-210 which provided that a new license may not be granted to sell any alcoholic beverage on any premises located within 300 feet of a church or public school, Councilman Nichols explained that the Board of License Commissioners was holding a series of public hearings on the proposal and would be forwarding any requests on amending that legislation to the Council. Roads Board The Council adjourned into Roads Board. Reconsideration-Request to Increase Price-Asphalt Oil/Asphalt The Council reconsidered 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 acknowledged that the requests were deferred on August 26, 2008 in order for Council to obtain a legal opinion. Mr. Merryweather advised the Council that since the bid documents and contracts executed by Fleet Supply and E. Stewart Mitchell only referenced a fixed price for the asphalt and asphalt oil and did not contain a price escalation clause the companies were required to perform in accordance with the contracts. The Council denied the requests 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. Councilman Nichols opposed and stated that he believed the Council should consider some concession based on the increased market price of fuel. The Council instructed Mr. Merryweather to forward correspondence to the vendors regarding the Council’s decision. PALMERS MILL Ms. Baynard advised that, as requested by Council, Mr. Mills had provided a price quote on moving the guardrails recently installed on Palmers Mill Road back off of the road at both the Petersburg Road intersection and near Harrison Ferry Road. Mr. Mills stated that the quote was received from L.S. Lee, whose staff installed the guardrails. Ms. Baynard noted that Mr. Mills had also provided the Council with pictures of a truck and trailer traveling the roadway to show the lack of clearance for large vehicles in the identified areas of the roadway. Mr. Mills expressed his opinion that the guardrails are too close to the road for large vehicles to safety pass even though it was his understanding that the guardrails were built to the specifications of the designed roadway. Councilwoman Elzey questioned whether the engineering firm should be held liable to pay for the relocation of the guardrails. Mr. Merryweather noted that a legal opinion would have to be obtained from special legal counsel. Warren Saunders, a Dorchester County resident, expressed his belief that County engineers should have also reviewed and signed off on the design plans. He further stated that he believed that if the engineering work was to continue to be outsourced, there was no need for a County engineering division. Mr. Mills noted that he had used an eight foot wide trailer to show the Council through pictures how a truck and trailer would be able to travel down Palmers Mill Road through the area where the guardrails in question are located. In response to a question from Councilman Travers as to how wide the guardrails are placed at the Petersburg and Harrison Ferry location versus the guardrails on the rest of the road, Mr. Mills noted that the guardrails in question were more narrow than those other locations. The Council requested that special legal counsel be asked to render an opinion as to whether or not the engineering firm who designed the roadway and installation of guardrails was liable for the cost to move the guardrails and took no action to correct the width of the guardrails pending that clarification. REQUEST FROM CITY OF CAMBRIDGE -BAYLY ROAD DITCHES The Council approved the request from Victoria Jackson-Stanley, Mayor of the City of Cambridge, for the use of County Highway Department labor to cut bushes on the steep sides of the ditches along Bayly Road at the rate of $338.50 per day for one piece of equipment and one equipment operator. The Council acknowledged that the City will only be charged for actual hours worked. OTHER Donna Hooper, a Dorchester County resident, advised the Council that she had reviewed a copy of plans from the City of Cambridge regarding the addition of parking spaces at the Circuit Court House and she explained that the plans included the extension of the existing Court House parking lot to create five more parking spaces in that lot and making Gay Street one way on the section of the road that intersects with Court Lane which will allow the addition of seven parallel parking spaces along Gay Street. Ms. Baynard noted that she had received a copy of those plans earlier in the day on September 9, 2008 but that they were not legible and that she had requested a legible copy from Michael Moulds, Civil Engineer. Ms. Hooper noted that five parallel parking spaces will also be added to the front of the Dorchester County Office building for a total of 17 new parking spaces. She advised the Council that she would like the City of Cambridge to reserve the parking spaces on Gay Street for employees of the Circuit Court House. Ms. Baynard advised the Council that she asked Mr. Moulds to contact Anne Roane, Planning and Zoning Director for the City of Cambridge, regarding the proposal to reserve parking spaces. She explained that the Commissioners for the City of Cambridge must consider the proposed parking plans, and, in turn, those plans would then need to be approved by the County Council based on both the revisions to City and County property. She noted that once both Council had approved the plans they would be forwarded to the City’s Historical Preservation Committee to approve. The Council requested that Ms. Baynard provide them with a copy of the legible plans once received and obtain clarification as to why the County Council had not received the plans when they were released to Ms. Hooper.
REGULAR SESSION MANAGER’S COMMENTS The Council approved the request of Michael Moulds, Civil Engineer, and authorized the County Attorney and Public Works staff to negotiate a lease with Charles Wright, property owner, for the Taylors Island Boat ramp and the preparation of a survey plat as an exhibit to the agreement at the cost of $4,000 from the FY09 Contingency Fund. The Council acknowledged that the existing lease expires on May 4, 2010 and agreed to extend the new lease period for thirty years to May 2040. Resolution-Traffic Safety Committee The Council approved a resolution to form a Traffic Safety Committee to address issues that arise regarding County roads including, but not limited to, changing speed limit signs and the placement of traffic signs. The Council acknowledged that the committee consists of up to four members from the following: Dorchester County Sheriff; Public Works Director or assigned Division Head as assigned by the County Manager; one representative from the County Council and the Public Safety Director or assigned Division Head assigned by the County Manager. Request for Use of Truck/Landfill Space- The Council approved the request of Erin B. Hill, Highway Safety and Injury Prevention Program Coordinator for the Dorchester County Health Department for the services of a County truck provided and a waiver of landfill tipping fees at the Beulah Landfill in order to dispose of old, broken, recalled and second-hand child safety seats to be collected on September 20, 2008 from 10 a.m. to 1 p.m. at no cost during the Health Department’s “Bounty” program. Request for Property Tax Abatement-Immanuel United Church of Christ The Council deferred a request from William Bair, President of Immanuel United Church of Christ, for an abatement of 2007-2008 real property taxes and waiver of the interest and penalties for those taxes for the parsonage owned by the Church located at 2903 Cedar Woods Drive, Cambridge, Maryland to obtain legal clarification of the Council’s authorities. Request to Reserve Dock-County Office Building-Skipjack Race- The Council approved the request of Gage Thomas, Skipjack Race Chairman, on behalf of Cambridge Main Street, to reserve the use of the County Office Building’s bulkhead for use by skipjacks participating in the Choptank Heritage Skipjack Race from September 20 to September 28, 2008 and to place signage on the bulkhead reserving the bulkhead. Community Development Block Grant Award-Housing Rehabilitation-Delmarva Communtiy Services The Council accepted a grant agreement from the Maryland Community Development Block Grant Program for funds in an amount not to exceed $250,000 for the continuation of the Housing Rehabilitation program, which grant is administered by Delmarva Community Services on behalf of the County, through July 31, 2010. The Council acknowledged that as a part of this grant agreement an Environmental Review Record must be submitted and agreed to the submission of HUD Form 7015.15 Request for Release of Funds and Certification. Emergency Food Assistance Grant Agreement-Delmarva Community Services The Council agreed to execute a new Memorandum of Understanding between the County Council and the Maryland Department of Human Resources Office of Grant Management for funds in the amount $5,000 per year for three years for the distribution of food and receipt of funds to pay for the receipt, storage and distribution of United States Department of Agriculture SDA food commodities to assist families in Dorchester County through the Delmarva Community Action Center Food Pantry under the Emergency Food Assistance Program (“TEFAP”). The Council agreed to contract with Delmarva Community Services as the emergency feeding organization for the receipt, storage and distribution of food commodities. Request to Advertise – Shift Supervisor - The Council approved the request of Jason Shorter, Emergency Management Director, to advertise for four vacant Shift Supervisor positions in house. The Council supported the proposal of Mallard Haven II, LLC to donate a conservation easement on its 134.7 acre property on Maryland Route 335 and the proposal of Mallard Haven, LLC to donate a conservation easement on 94.484 acres on Maryland Route 335 to the Maryland Environmental Trust and Eastern Shore Land Conservancy, Inc. The Council also supported the proposal of the Basophilic Foundation to donate a conservation easement on its 265.3 acre property on Griffith Neck Road to the Maryland Environmental Trust and Chesapeake Wildlife Heritage, Inc. The Council acknowledged that these easements may provide a 15 year tax credit on the properties. Proposed Second Quarter FY08/09 County Council Meeting Schedule The Council approved the following County Council meeting schedule for the second quarter of FY08/FY09: October 7, October 21, November 18, December 2 and December 16, 2008. | |||||||||
