Meeting Minutes
Meeting Minutes
posted: 03/11/09
County Council Meeting Minutes
February 17, 2009
County Council of Regular Meeting Minutes February 17, 2009 The County Council of Dorchester County met in regular session on February 17, 2009 with the following members present: Present were Jay L. Newcomb, President; William V. Nichols, Vice President; Effie M. Elzey; Ricky Travers; and Rick Price. Also present were Jane Baynard, 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 §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 Nichols led the invocation and the pledge of allegiance. CALL FOR ADDITIONS OR DELETIONS TO AGENDA There were no additions or deletions to the agenda. APPROVAL OF MINUTES-FEBRUARY 3, 2009 The Council approved the minutes for February 3, 2009 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 EXECUTIVE SESSION SUMMARY The County Council of Dorchester County convened in an Executive Session at 4:00 p.m. on February 17, 2009 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 §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) confirmed the hiring of a police officer to serve as security for the Family Access Center at the Circuit Court House by a 5 to 0 vote; 2) approved a request by 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 COMMENDATION-OLIVER ENNALS RETIREMENT Warden COMMENDATION-HURLOCK CHRISTMAS PARADE COMMITTEE The Council presented commendations to Paul Gray, Paul Cooper, Michelle and Earl Murphy, Rosalind Jackson, Sherry and Bill Sinclair as organizers of the 2008 Hurlock Christmas Parade. Mr. Gray and Mr. Cooper accepted the commendations and presented Councilman Price a certificate for his sponsorship of the 2008 parade. They announced that that 2009 Hurlock Christmas Parade was scheduled for December 12, 2009 at noon. LEGISLATIVE SESSION The Council adjourned to legislative session. A public hearing was held on BILL NO. 2009-2 AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY MARYLAND PURSUANT TO CHAPTER 155, ENTITLED ZONING SECTION 155-B OF THE DORCHESTER COUNTY CODE REZONING A PARCEL OF LAND OWNED BY CANNING HOUSE, LLC, WHICH IS LOCATED ON THE SOUTH SIDE OF CLARK CANNING HOUSE ROAD, EAST OF MARYLAND ROUTE 307 (WILLIAMSBURG ROAD), AND APPROXIMATELY ONE MILE SOUTH-WEST OF THE MUNICIPAL BOUNDARY OF THE TOWN OF FEDERALSBURG, CONTAINING 24.91 ACRES OF LAND, MORE OR LESS, OF WHICH 11.50 ACRES IS TO BE REZONED, IN THE WILLIAMSBURG OR 12th ELECTION DISTRICT OF DORCHESTER COUNTY, MARYLAND FROM AN AC, AGRICULTURAL CONSERVATION DISTRICT TO B-2, GENERAL BUSINESS DISTRICT. Ms. Baynard explained that the public hearing was being held on Bill No. 2009-2 to rezone a parcel of land owned by Canning House, LLC, located on the south side of Clark Canning House Road from an Agricultural Conservation District to General Business District. Chad Malkus, attorney for Canning House, LLC, advised the Council that the request to rezone the property was to correct an error in the zoning designation of the property. He explained that the property consisted of 24 acres on Clarks Canning House road near the Town of Federalsburg and that the request was to only rezone 10 acres of the property to commercial. He said that his belief and understanding and that of his client that the property was best suited for commercial use as opposed to agriculture use. He advised that it was also his understanding that the Maryland Department of Environment thought the best use of the property was commercial use. He said that the majority of the property was a woodland buffer and that his client was asking that the area surrounding the buildings and pads be rezoned. He explained that the property was previously owned by the Eastern Maryland Wood Treatment Plant, which from 1983 to 1991 treated wood with creosol and other chemicals. Mr. Malkus noted that in 1991 the property owners declared bankruptcy and the property was identified as a superfund site. He explained that the cleanup of the property began in 1991 and was completed in February 1998. He stated that the federal lien for costs to clean up the property was released and the mitigated land was put back into use. Mr. Malkus noted that the property has been vacant since the clean up and was a target for vandals. He explained that Canning House, LLC purchased the tax certificates for the property when it was listed for tax sale by Dorchester County in 2005 and paid $17,000 in back taxes. He noted that at that time all records including State Department of Assessment records showed that the property was zoned industrial with a physical map being the only indication that the property had been changed back to agricultural use. Mr. Malkus advised that since the property was considered unsuitable for agricultural use as it posed health and safety risks to animals or crops, the economic value of the property had diminished. He said that the current owner was considering the sale of the property to prospective buyers who own and operate a trenching company and would be using the property to store equipment as well as other construction materials. He said that the buildings would be renovated and used for storage. Mr. Malkus explained that he was working with MDE and the Environmental Protection Agency to develop deed restrictions for the property to limit the number of future agricultural and commercial uses of the property. He said that he and the owners of Canning House, LLC fully expect those restrictions to be placed on the property at the time of conveyance. He provided the Council a copy of a letter from an Environmental Planner at Hynes and Association, and a phase one environmental study on the property. He advised that the study indicated that the site treatment goals were geared towards the use of the property as commercial. He said that the EPA and MDE had designated the property as “no further action planned” which meant that the property cleanup met the clean up criteria set by those organizations based on the commercial use of the property and that any other agricultural or residential use would invalidate that status. He asked the Council to rezone the property. Rodney Banks, Assistant Planning and Zoning Director, advised the Council that two public hearings had been held by the Planning Commission on the rezoning request and that as a result of those hearings the request was reduced to 10 acres and limited to the upper portion of the property on which existing structures were located. He noted that the rest of the property was wooded with some pond and wetlands on the site and that those areas would remain untouched. He said that the Planning Commission had forwarded a favorable recommendation to the Council for the rezoning of the property. In response to a question from Jim Dolan, a Gloria Dolan, a resident of Mr. Malkus stated that he did not dispute that at one time the property was contaminated. He noted that the EPA completed a long and involved clean up of the property which took ten years. He stated that under EPA guidelines the property was considered clean. Mr. Malkus advised that he had been in direct contact with EPA and MDE officials and was working with them on deed restrictions for the property. He said that the commercial uses of the property would be limited once those restrictions were in place. He noted that a farm house could be placed on the property under the current agricultural zoning which would pose health risks. Mr. Malkus expressed his opinion that the best way for the County, MDE and EPA to maintain control of the property was to allow the property to be rezoned so that property could be conveyed to a business owner. In response to a request for clarification from Councilwoman Elzey, Mr. Malkus explained that once the deed restrictions were placed on the property they would convey with the land for perpetuity. Based on a question from Councilwoman Elzey, Mr. Malkus advised that it was required by law that it be disclosed to future potential buyers that the property was once a superfund site and that any title search conducted would also call attention to the deed restrictions. In response to a question from Mr. Dolan as to whether or not Mr. Malkus and his client would be opposed to having the County’s Zoning Ordinance modified to create a new special zoning designation for the property before it was rezoned, Mr. Malkus said that he believed with the deed restrictions the property could be rezoned commercial without providing a health risk. Ed Miller, a member of Canning House LLC, advised that he had hired an environmental consultant firm to perform a study on the property and that the study verified that the property had been cleaned up properly. Mr. Malkus provided the Council with a copy of a letter and the study from John D. Hynes & Associates, Inc. In response to questions from Councilman Price, Mr. Miller advised that the proposed buyer was a trenching company that installed underground cable and that they would be storing equipment and machinery on the site. He explained that employees would only be present on the property occasionally but would not be there on a daily basis. to do. Ms. Hughes of East Coast Underground, Inc. advised the Council that they were interested in purchasing the property. Mr. Dolan advised that he had no objection to the property being used by East Coast Underground, Inc. to store equipment but that he was concerned that subsequent buyers of the property may not be made aware that the property was once a superfund site. He expressed concern that if the property was rented, the renter may not be informed about the dangers of the site nor be provided with the deed restrictions. In response to a question from Councilman Travers regarding the deed restrictions, Mr. Malkus explained that he was working with MDE and EPA representatives and would provide the Council with a copy of the deed restrictions once received. Based on a question from Councilman Newcomb, Mr. Malkus advised that Mr. Banks had already been in touch with MDE and EPA and would receive a copy of those deed restrictions. Mr. Banks noted that after the deed restrictions are put into place an individual or business would have to provide a copy of those before receiving permits to build on or grade the property. The Council deferred the request of Mr. Malkus, on behalf of his client, Canning House, LLC to rezone a parcel of land owned by the company and located on the south side of Clark Canning House Road from an Agricultural Conservation District to General Business District until its March 3, 2009 in order to allow Mr. Malkus time to obtain the deed restrictions for the Council’s review. INTRODUCTION The Council introduced AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY MARYLAND TO AMEND CHAPTER 155, ENTITLED ZONING ORDINANCE, SECTION 155-50, KK, SUPPLEMENTAL USE REGULATIONS, SECTION 155-13, TERMS DEFINED, AND SECTION 155 ATTACHMENT 1, TABLE OF PERMITTED USES OF THE DORCHESTER COUNTY CODE TO ADD SMALL WIND ENERGY SYSTEMS AS AN ACCESSORY USE IN ALL ZONING DISTRICTS, ADD THE DEFINITION OF SMALL WIND ENERGY SYSTEMS, TOTAL HEIGHT, FAA, AND WIND TURBINE, AND INCLUDE SUPPLEMENTARY USE REGULATIONS FOR SMALL WIND ENERGY SYSTEMS. Ms. Baynard explained that at the request of the Council, the Planning Commission discussed proposed local legislation regarding small wind energy systems and that as a result of that review have provided proposed local legislation to amend Chapter 155 entitled “Zoning Ordinance” of the Dorchester County Code to add the definition of small wind energy systems as an accessory use in all zoning district and to include supplementary uses regulations for those systems. The Council agreed to proceed with publication of a public hearing on this matter. REGULAR SESSION MID ATLANTIC POWER PATHWAY PROJECT DISCUSSION Councilman Newcomb thanked the public for attending the informational forum on the Mid Atlantic Power Pathway (MAPP) project that was held during the Council’s February 3, 2009 meeting. He explained that the Council had discussed the proposed project with legal counsel and a proposed response to Pepco regarding the project. The Council agreed to send a letter in opposition to the MAPP project as currently proposed to William Gausman, Senior Vice President, of Pepco. The Council agreed to send the letter to all individuals who spoke at the forum as well as the federal and local legislative delegation, the Department of Agriculture and the Chesapeake Bay Foundation. Ms. Baynard read the letter into the record, a copy of which is attached. Meredith Lathbury, Eastern Shore Land Conservancy (ESLC), thanked the Council members for their decision to send a letter to PEPCO in opposition to the project. She advised the Council that she would leave her current employment with ESLC on Thursday, February 19, 2009 to take a position to head up the Land Acquisition and Planning Division at the Maryland Department of Natural Resources (DNR). She thanked the Council for working with her in the past and said that she was looking forward to working with them in the future. ROADS BOARD LIQUID BITUMINOUS BID AWARD The Council approved the request of Chuck Weber, Public Works Director, to award a bid for Penetration Grade (PG6422 hot mix oil) at $ 2.0403 per gallon and CRS-2 (tar and chip oil) at $ 1.7630 per gallon to Fleet Supply, Inc, the lowest bidder. The Council also approved Mr. Weber’s request to award a bid for MC250 (cold patch oil) in the amount of $2.984 per gallon to E. Stewart Mitchell, Inc., the lowest bidder. The Council acknowledged that performance bonds were included and that the price of the material was variable based on the monthly price of asphalt. GALESTOWN POND FISH LADDER ENGINEERING PROPOSAL The Council approved the request of Mr. Weber to sole source and contract with Andrews, Miller and Associates (AMA) for design services in the amount of $18,700 and post design services including bid phase and construction management in the amount of $11,950 for the Galestown Pond fish ladder for a total of $30,650 based on AMA’s familiarity with the Galestown Pond Reconstruction project. The Council acknowledged that the United States Fish and Wildlife Service had provided the specifications for the fish ladder to AMA. The Council acknowledged that the costs for the design services including bid phase and construction management will be submitted to the Federal Emergency Management Agency for reimbursement. The Council further acknowledged that the installation of the fish ladder will lower the elevation of the pond by six inches, which will reduce the level to the design specifications of the project. The Council reiterated its previous commitment to not use AMA solely on future County projects. BLACKTOP PLANT REPAIRS/BLACKTOP PROGRAM Based on a request from Mr. Weber, Council approved one of two major repairs required at the County’s blacktop plant to include the fabrication and replacement of a damaged fan in the amount of $15,000 from the current FY 2009 Highway budget. The Council also approved the reduction of the 2009 Paving Program to a total of 6.3 miles including state aid of 2.0 miles for Morris Neck Road. The Council acknowledged that the $200,000 yearly loan repayment to the Maryland Department of Transportation for funds used to the repair and reconstruction of roads damaged during a June 2006 storm event will be paid from the Highway User fund. The Council further acknowledged that the 2009 repayment increased the impact to the road program beyond the initial 2.5 mile reduction as a result of the $500,000 loss of highway user funds for fiscal 2009. OTHER Wayne Saunders thanked the Council for the widening of Councilman Price requested that Mr. Weber have staff check to determine when the last time Snug Harbor Road and Wanex Road had been paved and to estimate when those roads may be paved in the future. He also asked Mr. Weber to view Mount Zion Road and Skinners Run Road as he had received reports about standing water on those roads. REGULAR SESSION MANAGER’S COMMENTS ROOSTER The Council approved the request of Mr. Weber to sole source and contract with Waterway Surveys and Engineering, Ltd. to perform bottom sampling in preparation for the Rooster Island restoration project at the cost of $5,600 from the County’s FY09 Contingency Fund to preserve the opportunity for the Army Corps of Engineers to secure Federal funding for the project. The Council acknowledged that Mr. Weber will pursue stimulus funds to cover the cost of the sampling. Allen Nelson, a member of the Power Boat Association, expressed his opinion that they will be unable to continue to utilize the waterway by the island if the sand continues to migrate from the island into the waterway. BID AWARD-MARINE FACILITY SIGNAGE-PUBLIC WORKS The Council approved the request of Mr. Weber to award a bid to supply marine location signage for the County boat ramps, docks and marinas to Sign Crafters, the lowest bidder, at the cost of $300 per sign for a total price of $6,300 to be paid with Maryland Department of Natural Resources Waterway Improvement grant funds. REQUEST TO SEEK The Council approved Mr. Weber’s request to submit a pre-application to MDE for financial assistance for the Elliott Island Shore Erosion project under the Water Quality Infrastructure Capital Projects Program for Non-Point Source/Wetland Restoration. The Council acknowledged that it is anticipated that the entire project will be constructed in phases with the total cost of the project being estimated at the cost of $2.5 million. The Council further acknowledged that the deadline for the grant application is February 28, 2009 and that no specific details were currently available regarding grant conditions such as cost sharing. The Council requested that Mr. Weber provide any grant award offer received as a result of the submission of this application for the Council’s review and consideration. REQUEST TO SELL COMPOST MATERIAL-LANDFILL/PUBLIC WORKS The Council approved the request of Mr. Spears to advertise and sell to the public Bay Organics products to include 63 pallets of premium top soil, 190 pallets of Chesapeake Green and 188 pallets of De-Hy to both private and commercial citizens. The Council acknowledged that the material will be sold on a first come, first serve basis and will include the disclaimer that there are no warranties on the material. The Council further acknowledged that the material will be advertised for sale in local news publications with the price per bag being set as indicated by Michael Spears, Finance Director. Councilman Travers opposed. The Council acknowledged that Michael Spears, Finance Director, would continue to negotiate with Master Nurseries regarding the possible sale of the 200 remaining pallets of that company’s product. The Council further acknowledged that if Master Nurseries did not purchase the remaining product it may be used by different County departments including Highway, Recreation and Parks, County building facilities and the Board of Education. The Council agreed that, after a reasonable amount of time, any remaining unused Master Nursery product will be disposed of in the Beulah Landfill and all empty bags from the product being used by County departments will be returned to the landfill for disposal. BID AWARDS-CONSTRUCTION/CONSTRUCTION ENGINEERING SERVICES PROPOSALS-TAXIWAY RELOCATION-AIRPORT At the request of Mr. Weber, the Council awarded the bid for the construction of the Parallel Taxiway Relocation at the Cambridge-Dorchester Airport to George and Lynch, the lowest bidder, at the cost of $3,240,202.21. The Council acknowledged that the Federal Aviation Administration (FAA) had reviewed the bids and approved the bid award to George and Lynch. The Council also approved Mr. Weber’s request to contract with URS, the County’s Airport consultant, to provide engineering and construction phase services for the ongoing storm water management pond construction contract at an amount not to exceed $278,800 and the parallel taxiway relocation construction contract in an amount not to exceed $614,400. The Council acknowledged that the costs for the taxiway relocation project including engineering during construction and the costs for engineering during the storm water management pond construction are 95% reimbursable from the FAA with 2.5% being provided by the Maryland Aviation Administration. The Council further acknowledged that the local match of $104,505 is included in the Public Works FY 2008 Capital Budget. REQUEST FOR LETTER OF At the written request of BID AWARDS-INTERPRETIVE PLAN-HARRIETT TUBMAN UNDERGROUND RAILROAD BYWAY; 2009 VISITOR’S GUIDE PRINTING-TOURISM The Council approved the request of Amanda Fenstermaker, Tourism Director, to award the bid for the development of an interpretive plan, production of a new driving tour brochure and the creation of visual branding for entities for the Harriet Tubman Underground Railroad Byway to C & G Partners, the lowest bidder, at the cost of $64,000 to $68,000. The Council acknowledged that the project is funded by three grants totaling $80,000 from the Maryland Heritage Area Authority, Chesapeake Bay Gateways Network and Network to Freedom. The Council also approved the request of Ms. Fenstermaker to award a bid for the printing of 50,000 copies of the 2009 Visitor’s Guide to Delmarva Printing, the lowest bidder, at the cost of $21,055 from the FY09 Tourism budget. REQUEST TO ADVERTISE FOR PROPOSALS-WEBSITE-HARRIET TUBMAN UNDERGROUND RAILROAD BYWAY-TOURISM The Council approved the request of Ms. Fenstermaker to advertise a request for proposals to hire a consultant to design and develop a community website for the Harriet Tubman Underground Railroad Byway. BID AWARD-LITTLE HORN POINT TIDEWATER BUFFER AFFORESTATION-PLANNING AND ZONING The Council approved the request of Michael Bonsteel, Environmental Planner, to award the bid for the Little Horn Point Tidewater Buffer Aforestation project to Environmental Quality Resources Inc., the lowest bidder at a cost of $18,450. FY09 AGRICULTURAL LAND PRESERVATION EASEMENT APPLICATION APPROVALS-PLANNING AND ZONING At the request of Mr. Banks, the Council agreed to schedule a public hearing on FY 2009 agricultural land preservation easement application approvals for a future meeting. BOARD APPOINTMENT-CITIZENS REVIEW PANEL-SOCIAL SERVICES Based on a request from William McDonnell, Social Services Director, the Council reappointed Portia Johnson Ennals and Reverend John Edward King for three year terms, to the Citizens Review Panel which terms will both expire on October 17, 2011. The Council also approved Mr. McDonnell’s request to appoint Michelle Nichols and Billie Jo Heister to replace Richard Eckardt and Donna Era on the Citizens Review Panel. The Council acknowledged that their terms will expire on February 17, 2012. GRANT AWARD-STATE HOMELAND GRANT-MARYLAND EMERGENCY MANAGEMENT AGENCY-EMERGENCY MANAGEMENT At the request of Wayne Robinson, Emergency Management Director, the Council accepted an FY08 State Homeland Grant award from the Maryland Emergency Management Agency in the amount of $272,974, which includes $65,000 for Planners salary/County benefits, $68,243.50 for Law Enforcement Terrorism Prevention and $139,730.50 earmarked for equipment and training. The Council also accepted the Citizen Corps Grants Memorandum of Agreement in the amount of $10,000 for Community Emergency Response Training and equipment and a Citizen Corps Mini Grant in the amount of $500 for September Preparedness month activities. REQUEST TO The Council approved the request of Don Satterfield, Warden, to advertise three vacant Correctional Officer I positions at the Dorchester Detention Center. The Council also approved the request of Jason Shorter, Emergency Medical Director, to advertise for on call Emergency Medical Technicians. The Council approved a request from William L. Wrightson and Laura S. Wrightson for a proposed conservation easement donation on their 100-acre property known as 4941 Higgins Mill Pond Road, Cambridge to the Maryland Environmental Trust and Eastern Shore Land Conservancy and acknowledged that the easement may provide a 15 year tax credit on the land. Ms. Baynard noted that the impact to the County’s property tax base would be $691.55 annually. | |||||||||



