Meeting Minutes

posted: 11/24/08

October 21, 2008

County Council of Dorchester County

Regular Meeting Minutes

October 21, 2008

 

The County Council of Dorchester County met in regular session on October 21, 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 Jane Baynard, County Manager and Donna Lane, Executive Administrative Specialist.

 

REGULAR SESSION

 

EXECUTIVE SESSION

 

 

Voting in favor of the closed Executive Session were all Council members.

 

REGULAR SESSION

 

INVOCATION AND PLEDGE OF ALLEGIANCE

Councilman Nichols led the invocation and Councilman Price led the pledge of allegiance.

 

CALL FOR ADDITIONS OR DELETIONS TO AGENDA

 

The Council approved the addition of a discussion on repairs to a hot mix roller to the agenda.

 

APPROVAL OF MINUTES-OCTOBER 7, 2008

 

The Council approved the minutes for October 7, 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 $11,013,736.99.

EXECUTIVE SESSION SUMMARY

 

 

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 a request from the Board of License Commissioners concerning legal representation and took no action; 2) reviewed testimony and information obtained pursuant to a personnel hearing held on October 14, 2008; 3) deferred a request to fill a vacant Landfill MEO III position based on Council’s prior October 7, 2008 decision to temporarily suspend the filling of vacant positions for sixty days by a 4 to 0 vote; 4) confirmed the hiring of an Assistant State’s Attorney by William Jones, State’s Attorney to fill a vacant position by a 4 to 0 vote; 5) confirmed the promotion of three full time Paramedics to Shift Supervisor and approved a request to advertise in house for full time Paramedics by a 4 to 0 vote; 6) reviewed expressions of interest for 120 High Street, Cambridge previously leased to the Dorchester Arts Center and took no action; 7)  deferred a request to transfer a two acre property located behind the Old St. Clair Elementary School by a 4 to 0 vote; and 8) discussed easement requests included in a proposal to add additional parking to the Circuit Court House.

 

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

 

INTRODUCTION OF dR. sHEN-MEDICAL DIRECTOR

 

Jason Shorter, Emergency Medical Services Director, introduced Dr. Cindy Shen, as the County’s Medical Director.  Dr. Shen thanked the Council for the appointment and stated that she hope to have a long standing relationship with the Council.  Ms. Baynard noted that Dr. Chen will also be working with the paramedic program to review 911 protocols and the Sheriff Office’s Tactical Team as well as partnering with Public Safety Department heads to develop training for employees.

 

The Council welcomed Dr. Shen.

 

Recommendations for Proposed Legislation-Board of License Commissioners  

 

The Council discussed recommendations made by the Board of License Commissioners for proposed legislation amending Article 2B, the Liquor Laws for Dorchester County, for the 2009 Maryland General Assembly Legislative Session.

 

The Council approved the Board of License Commissioners’ recommendation to submit proposed legislation to amend Section 6-708 to add Section 6-708(11) which will give the Board of License Commissioners for Dorchester County authority to issue a Class “B” Caterer’s license to a Class “B” Restaurant or Hotel licensee who holds a caterer’s license from the Dorchester County Health Department to take their alcoholic beverages to a catered event off their premises as long as they provide food, require wrist bands if the event is open to the public and provide written notification seven days in advance of the event to the County’s Liquor Inspector at a cost of $150 per year.  The Council acknowledged that the amendment was approved by the Board on September 25, 2008.  Councilman Nichols and Councilman Newcomb recused themselves based on their existing status as license holders.  The Council further acknowledged that the annual fee is consistent with other surrounding counties.

 

The Council approved the Board of License Commissioner’s recommendation to submit proposed legislation to amend Section 8-405.2 Dorchester County to allow a Class “A” licensee to hold a wine tasting or a beer sampling at their establishment at the cost of $150 for 15 events and $250 for 30 events, which fees were consistent with surrounding counties, in conjunction with the licensee’s Class “A” license with the condition that the licensee must notify the Liquor Inspector in writing about the event seven days in advance. The Council acknowledged that the amendment was approved by the Board on September 15, 2008. 

 

Councilman Nichols and Councilman Newcomb recused themselves based on their existing status as license holders.

 

The Council approved the Board of License Commissioner’s recommendation to submit proposed legislation to delete Section 11-402, entitled “New Years Day” and replacing it with the word “Reserved” as it conflicted with Section 11-501, Dorchester County

(13)( c), “Hours of Consumption” which end at 2 a.m. instead of “any time” as referenced in Section 11-402, which recommendation was approved by the Board on September 15, 2008.  Councilman Nichols and Councilman Newcomb recused themselves based on their existing status as license holders. 

 

The Council, at the recommendation of the Board of License Commissioners, agreed not enter proposed legislation to change the operating hours on Sundays for a Class “B” Beer, Wine & Liquor License, to state that a business can open at 10 a.m. and close 1:45 a.m. instead of 12 noon through 12 midnight.  Councilman Nichols and Councilman Newcomb recused themselves based on their existing status as license holders. 

 

 

The Council approved the Board of License Commissioner’s recommendation to amend Section 15-109 to increase the annual compensation for the members of the Board of License Commissioners beginning with the new term which commences January 1, 2011 and agreed to increase that compensation by $500, new salaries proposed to be $3,000 for the President and $2,500 for Board members. 

 

Councilman Nichols and Councilman Newcomb recused themselves based on their existing status as license holders. 

 

James Lurz, Liquor Inspector, advised the Council that the Board of License Commissioners was in the process of reviewing three additional requests for proposed legislation which included: 1) an amendment to 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; 2) a proposal to establish a Class “W” winery license; and 3) to require new licensees or transferred licensees to have at least a 10% interest in the business applying for a liquor license or transfer.

 

OTHER

 

William “Sandy’ McAllister, Attorney, on behalf of the Dorchester County Seafood Harvesters Association and the Dorchester County Packers Association, asked the Council contact Governor Martin O’Malley or his office staff to request that the Governor meet with members of both Associations on Friday, October 24, 2008 due to his being scheduled to speak at the Maryland Municipal League Conference on that date at the Hyatt Regency in Cambridge, Maryland.  Mr. McAlister stated that the Associations are  requesting  an extension of the harvesting of female crabs for two weeks due to the current economic crisis and because the southern migration of the female crabs is slower this year than last year and as such female crabs were only now arriving in the Honga River and Choptank River.   The Council agreed to contact Governor O’Malley to set up the meeting and agreed that representatives from the Council would also attend the meeting.

 

Jack Brooks from the Dorchester County Seafood Packers Association and Ben Parks from the Dorchester County Harvesters Association thanked the Council.

 

ROADS BOARD

 

The Council adjourned into Roads Board.

 

Roy Mills, Highway Division Chief advised the Council that E. Stewart Mitchell has agreed to continue to supply cold patch and tar and chip material at its quoted price for the period of March 1, 2008 through December 31, 2008, despite its earlier request for an increase in that price due to fuel costs.

 

HOT MIX ROLLER DISCUSSION

 

Mr. Mills advised the Council that although a major hydraulic line in the County’s hot mix roller has been repaired the roller is still not functioning properly and, therefore, asked permission to rent a roller until the problem could be diagnosed and the roller repaired in order to continue with the County’s paving program.  In response to a question from Councilwoman Elzey concerning the cost to rent the equipment, Mr. Mills advised that the two estimates he received to rent a roller by the week were $667 and $700.  Based on a question from Councilwoman Elzey regarding the length of time remaining to pave roads, Mr. Mills explained that depending on the weather staff may be able to pave roads up to the end of November 2008.  He noted that there was 11 miles of paving that need to be completed and that seven of those were close to the hot mix plant.  The Council approved Mr. Mills’ request to rent a roller if the County’s roller was not operational by Monday, October 27, 2008 and agreed that he could rent the roller to through Thanksgiving.

 

In response to a question from Councilman Price regarding signage on Palmers Mill Road, Mr. Mills stated that the signs were ordered that noted that the speed was reduced to 20 miles per hour around the curves, that there was a narrow road ahead, and arrow signs to alert drivers on the upcoming turns.  He advised the Council that the Traffic Safety Committee was meeting on October 22, 2008 to discuss the possibility of reducing the speed on the entire span of Palmers Mill Road. 

 

The Council requested that Chuck Weber, Public Works Director, provide the Council for its review and consideration, alternate solutions to widen the two narrow curves on Palmers Mill Road, which were reconstructed after receiving damage during a June 2006 storm, including cost remediation, an estimate of the length of time it will take to do the repairs and whether or not the work can be completed by County staff.   The Council also requested information on the terms of the performance bond from David A Bramble, Inc. for the work that firm did in reconstructing the two areas on Palmers Mill Road.

 

MANAGER’S COMMENTS

 

Property Tax Assessment Appeal Board Nominations

 

The Council deferred making a decision to nominate individuals to the Property Tax Assessment Appeal Board and requested that an advertisement be placed asking for expressions of interests from residents who may be interested in serving on that Board.

 

Request for CORE Membership on 911 Advisory Board-Cambridge Emergency Medical Services

 

The Council approved a request from Victoria Jackson Stanley, Mayor for the City of Cambridge, to allow the representative of the Cambridge Emergency Medical Services to be a CORE member of the 911 Advisory Boards.  Councilman Price opposed.

 

Public Road Construction Agreement-Pine Top Village

 

The Council approved the request of Steve Dodd, Planning and Zoning Director, to execute a Public Road Construction Agreement between the Dorchester County Council and Delmarva Real Estate Management Group, LLC for the construction of a public road for the Pine Top Village subdivision which agreement will expire on July 1, 2010.  The Council acknowledged that the developer of the subdivision is prohibited from selling any lots in the subdivision until the County road is completed and accepted into the County Road system.

 

Board Appointments-Social Services/Adult Public Guardianship Review Board    

 

The Council approved the written request of William McDonnell, Director of Social Services, to reappoint Greg Meekins and Carol Clark-Wheatley to the Social Services Board.  The Council acknowledged that both Mr. Meekins’ and Ms. Clark Wheatley’s terms will run from July 1, 2008 to June 30, 2011. 

 

The Council also approved the request of Mr. McDonnell to reappoint the following individuals to serve another term on the Adult Public Guardianship Board, which terms will expire on August 30, 2011: Dr. Evangeline Garcia, Dr. Mike Fadden and Mrs. Wendy Wilson.

 

Waiver of Tipping Fee Request- Madison Fire Department

 

The Council denied a request from Samuel Horseman, President of the Madison Volunteer Fire Department, for a landfill tipping fee credit for the purpose of disposal of debris from roof repairs being made to the Madison Fire Department based on precedence and an effort to maintain the County’s landfill tipping fee costs at a reasonable rate.

 

Grant Application - E-citation and Anti-Grant Initiative-Sheriff’s Office

 

The Council approved a request from Sheriff James Phillips for the submission of a grant application to the Governor’s Office of Crime Control and Prevention for funds from the Byrne-Justice Assistant Grant Program in the amount of $47,887 to be used to purchase the following to equip three vehicles:  1) twenty head rest bracket mounts for e-citation printers ($2,000); 2) three mobile data terminals ($22,470); 3) e-citation equipment ($3,417); 4)  two small Tough Book computers ($10,000); 5) a load balancer ($1,000) for use in covert operations known as the Dorchester County Sheriff’s Department’s E-Citation and Anti-Gang Technology Initiative project.  The Council acknowledged that there was no local match.  The Council took no action on formalizing the submission of grants from the Sheriff’s Office

 

Proposed Halloween Observance

 

The Council agreed to the observance of Halloween for the unincorporated areas in the County on Friday, October 31, 2008 from 6:00 p.m. to 8:00 p.m. for children ages 12 and under.  The Council acknowledged that the setting of this date and times will not supersede prescheduled times and dates set by municipalities.

 

Telephone Poll Confirmations

 

Ms. Baynard noted that in the interim between meetings the Council approved the following by means of telephone poll: 1) a request by Youth Services to offer a Teen Court Coordinator position to the next individual on the department’s list of recommended candidates as the first individual declined the position due to having obtained another position elsewhere by a 4 to 1 vote; 2) to appoint Donald Sydnor, City Council person to the Critical Area Commission to represent Dorchester County by a 4 to 1 vote; and  3) agreed to send a letter to Secretary John Griffin and Governor Martin O’Malley with copies to the local delegation and Senator Richard Colburn for the extension of crab harvesting season due to the current economic crisis by a 5 to 0 vote.

 

Maryland Heritage Area Authority FY 2009 Operating Assistance Grant           

 

The Council approved the submission of the FY2009 Operating Assistance grant to the Maryland Area Authority in the amount of $93,330, which grant covers the operating expenses of the Heart of Chesapeake Country Heritage Area, including $10,000 in matching funds for the Historic Resources Enrichment Fund Mini Grants Program. The Council acknowledged that the grant match of $93,335 is funded from the following sources: $60,000 cash match from the Tourism Department’s Operating Budget, $10,000 cash match from the mini grant program and an in-kind services match of $23,335.

 

PUBLIC COMMENTS

 

In response to a question from Pete Macinta, Dorchester County resident, Councilman Nichols stated that the County Council met with Mayor Stanley and the new City Commissioners.

 

Donna Hooper, a Dorchester County resident, advised the Council that the City of Cambridge Historical Preservation Committee met on Thursday, October 16, 2008 and approved the alternative parking plan developed by City and County staff to add additional parking to the Circuit Court House, with the condition that the project be completed in its entirety and not in installments.  She asked if the Council members had made any decision to move forward with the implementation of the plan.  Councilman Nichols advised that the Council members had a legal question to pose to Mr. Merryweather and was unable to do so at the present time as he was on vacation until October 23, 2008.   Ms. Hooper advised the Council that the Mayor and City Commissioners also approved the plan but that their approval was contingent on obtaining an easement from the County to construct a river walk along the waterfront portion of the County Office building property.  She stated that she was not pleased that the Mayor and Commissioners added that condition to their approval and was surprised as she thought the City and County were working together in finding a solution to providing additional parking to the Circuit Court House.   Ms. Hooper said that she was not in favor of selling the Dorchester County Office building. 

 

Terry Wheatley, a Dorchester County resident who works at the Circuit Court House, advised the Council that the Historical Preservation Committee members never mentioned the granting of an easement for a river walk and had expressed concern that the project would be started and stopped due to funding constraints. 

 

Jack Brooks, owner of JM Clayton Company, expressed his disappointment that the Mayor and City Commissioners approved the plan contingent on the giving of an easement by the County for the river walk.  He said that as a taxpayer he felt it would be a big mistake for the Council members to agree to give the City an easement as it would not relinquish the “waterfront” aspect of the property but would also create liability issues for the County due to personal injury or vandalism.  Mr. Brooks expressed his opinion that the increase in foot traffic due to the river walk would increase the risk of vandalism to the nearby businesses and the boats that dock on the bulkhead of the County Office Building.    He stated that he believed the Council should not grant an easement to the City of Cambridge.

 

Ms. Wheatley noted that individuals, including employees of JM Clayton Company, already walked along the area where the river walk would be located and questioned what the difference in the County’s liability would be once the walk is constructed compared to the County’s liability without it based on its usage.  Mr. Brooks expressed his opinion that installation of a river walk would increase traffic which would in turn increase the risk in personal injuries and vandalism.  He said he was also not in favor of selling the Dorchester County Office building. 

 

Ms. Hooper expressed her hope that the Council would negotiate with the City representatives for the installation of the river walk without granting an easement. She asked the Council to continue to work towards the goal of implementing the plan in order to add additional parking to the Circuit Court House.

 

COUNCIL’S COMMENTS/ADJOURNMENT

 

Councilwoman Elzey commended the Eldorado Volunteer Fire Company and the other Dorchester County volunteer fire companies for their fundraising efforts.

 

Councilwoman Elzey advised that the Galestown Millpond Dam and roadway dedication occurred on October 18, 2008 and expressed her opinion that the end result of the reconstruction was a lovely piece of property. She expressed her pleasure with the walking path and the lighting.  She thanked the Council for agreeing to pay for the electricity for the lighting along the pond.

 

Councilman Price echoed Councilwoman Elzey’s sentiments on the Galestown Millpond project.

 

Based on a motion made by Councilman Price motion, the Council agreed to send a letter of support for the grant application submitted by the Secretary Volunteer Fire Company to the  Federal Emergency Management Agency for Assistance to Firefighters Grant funding in the amount of $83,784 to purchase equipment including breathing apparatus, Rapid Intervention Team Kit and a Thermal Imager .  The Council acknowledged that no local match was required.

 

Councilman Price stated that Caroline Cline, Mayor of the Town of East New Market, had advised that the Town received the designation as a targeted investment zone from the Maryland Historical Trust, for ten years, which allows the Town and the public to apply for funds for the rehabilitation of structures, Maryland State tax credits and low interest loans.  He thanked the County tourism staff for providing assistance to the Town representatives to obtain the designation.

 

Councilman Price noted that he had received calls from several residents concerning odors emanating from the previous compost adjacent to the Beulah Landfill and that County staff had indicated the odors came from landfill gases and the chicken houses that were in the area due to the calm weather conditions which allow the odors to remain stagnant.

 

Councilman Price urged all residents to vote and to remember veterans on Veterans Day.

 

Councilman Newcomb thanked the Council and staff for their thoughts regarding his brother, who recently had surgery.

 

Based on a request from Councilman Travers, the Council agreed to send a letter of congratulations to the owners of the Breckenridge Corn Maze, a new business in Dorchester County.

 

Councilman Nichols encouraged those residents to register to vote and to vote to register and the public to vote in the upcoming Presidential election.

 

Jackie Noller, a Dorchester County resident, stated that it was her understanding that the Council was going to consider a request from the City of Cambridge to become the applicant for funds from the Maryland Department of Housing and Community Development to be used by buy foreclosed homes, land and property within the City’s boundaries for subsequent rehabilitation and new construction for either homeownership or rental.  Ms. Baynard noted that the item was not added to the Council’s agenda as it was submitted earlier in the day and there was not enough time for the County’s Grants Coordinator or the County’s Finance Director, to review the request and obtain more information on whether or not the request for funds would reduce the County’s Community Development Block Grant allocation or local match requirements.    Ms. Noller stated that it was her understanding that the request would not affect the County’s allocation.  Ms. Noller asked the Council to consider the City’s request as the application was due on November 5, 2008 and that City representatives were not advised of the grant opportunity until just recently.  Lee Weldon, the City’s Housing and Community Development Director, also asked the Council to consider the City’s request.  The Council agreed to review the request in its weekend information pack and to have a phone poll conducted of Council. 

 

With no further business to discuss, the Council adjourned.

 

 

ATTEST:                                                         DORCHESTER COUNTY COUNCIL:

 

______________________________            ____________________________________

Jane Baynard, County Manager                       William V. Nichols, President

 

                                                                        ____________________________________

                                                                        Jay Newcomb, Vice President

 

                                                                        ____________________________________

                                                                        Effie M. Elzey

 

                                                                        ____________________________________

                                                                        Ricky Travers

 

                                                                        ____________________________________

                                                                        Rick Price

 

Approved the ______day of November, 2008.

Print