Meeting Minutes
Meeting Minutes
posted: 04/16/09
County Council Meeting MinutesMarch 31, 2009 County Council of Regular Meeting Minutes March 31, 2009 The County Council of Dorchester County met in regular session on March 31, 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 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 §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 The Council approved the addition of a discussion regarding Lakes and Straits Volunteer Fire Company and funding for a loan for piece of equipment for that company. APPROVAL OF MINUTES-MARCH 17, 2009 The Council approved the minutes for March 31, 2009 as amended. APPROVAL OF DISBURSEMENTS The Council approved vouchers as presented. FINANICAL REPORT: CASH AND INVESTMENTS EXECUTIVE SESSION SUMMARY The County Council of Dorchester County convened in an Executive Session at 5:00 p.m. on March 31, 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) discussed personnel implications for recommendation by the Economic Development Director regarding the Dorchester County Revolving Loan Fund and agreed to address the matter in regular session; 2) approved a request of the Emergency Medical Services Director to revise hiring procedures for EMS personnel by a 5 to 0 vote; 3) discussed proposed amendments to the County’s Rules and Regulations and agreed to post in house; 4) approved a request by Maintenance Director to restructure a vacant maintenance position to be posted in house by a 5 to 0 vote; 5) confirmed the hiring of a Deputy State’s Attorney and redirection of salary funds at the request of the State’s Attorney by a 5 to 0 vote; 6) discussed options for the disposition of 120 High Street and requested additional information; 7) discussed a preliminary matter that concerns the proposal for a business or industrial organization to expand; 8) discussed with legal counsel a funding allowance matter regarding a local volunteer fire company. 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 COMMENDATIONS-MISS OUTDOORS, LITTLE MISS OUTDOORS, LITTLE MR. OUTDOORS The Council presented commendations to Makenna Shorter, Little Miss Outdoors, and Samuel Coleman, Little Mr. Outdoors. Ms. Shorter and Mr. Coleman accepted the commendations. The Council acknowledged that Abigal Tyler, Miss Outdoors was unable to attend the meeting to receive her commendation. SEA LEVEL RISE/MD COMMISSION ON CLIMATE CHANGE PRESENTATION-DEPT OF NATURAL RESOURCES Zoe Johnson, Office for a Sustainable Future, Maryland Department of Natural Resources, provided the Council with a summary of a report written by Wanda Cole, consultant, under contract with the Maryland Eastern Shore Resource Conversation and Development, Inc., entitled “A Sea Level Rise Response Strategy for Dorchester County.” She explained that the purpose of the report was to provide Dorchester County recommendations on how to plan for and respond to sea level rise and coastal hazards. Ms. Johnson advised that maps had been prepared that showed the projected sea level rise in Dorchester County in 25, 50 and 100 years and urged the Council to use those maps to incorporate provisions in the County’s comprehensive plan to restrict growth and development in areas which may experience future damage due to sea level rise as well as in the County’s zoning code and flood plain ordinance. Ms. Johnson explained that the Maryland Climate Commission was formed in April 2007 and that the Adaption and Response Working Group of that Commission had prepared recommendations to address sea level rise. She noted that one of the recommendations of those Committee members were to enhance flood plain regulations by increasing free board above flood evaluations by moving from a two to a three freeboard level. Ms. Johnson advised that one of the recommendations of Ms. Cole was to incorporate a sea level rise overlay district in the County’s zoning code and to put forth more standards and regulations regarding septic, potable water, drainage and high water tables in that district. She noted that Ms. Cole had also taken photographs of areas that are at risk if the sea level rises and provided the Council with copies. Councilwoman Elzey expressed her opinion that a lot of the photographs depicted the need for better drainage including improvements to County ditches. Ms. Johnson advised that Somerset County also had a drainage problem and that the consultant for that area recommended that low water crossings be developed within that county’s transportation system to allow drainage to occur. Gwen Shaughnessy, Coastal Planner, advised the Council they she worked with the Chesapeake and Costal Program which set aside the funds for the sea level rise studies for Dorchester County, Somerset County and Worchester County. She advised that the goal of the program was to partner with communities to provide assistance in moving forward with the implementation of a strategy to address sea level rise. She encouraged the Council to become a partner. Ms. Shaughnessy advised that she has been working with the County’s Planning and Zoning Department. The Council thanked Ms. Johnson and Ms. Shaughnessy on the information they provided on a sea level rise response strategy for Dorchester County. WOOLFORD/MADISON PROJECT UPDATE/REQUEST FOR PUBLIC HEARING - SANITARY DISTRICT Robert Tieder, Chairman of Dorchester County Sanitary Commission, provided the Council with an update on the Woolford/Madison sewer extension project. He noted that they were currently in the process of amending the boundary lines of the new district to reduce the area of coverage, but the proposed boundaries would not affect the amount of users in the sewer extension area. He advised that legal counsel was also drafting a Memorandum of Understanding to be executed between the County, the Sanitary Commission and the City of Cambridge regarding the project. Mr. Tieder explained that once the boundary lines were amended and the MOU executed a public hearing will be held for all potential users. He noted that the meeting would probably be held at the Madison Volunteer Fire Department. Mr. Tieder explained that June 2009 was the target date to advertise for bids with an anticipated start date of September 1, 2009. He advised that the project would take 15 to 18 months to complete. Mr. Tieder asked the Council for authorization to schedule a public hearing on the project once the boundary line amendment had been completed. The Council approved Mr. Tieder’s request to schedule public hearing in the future once the boundary lines are established for the Woolford/Madison sewer extension project are established. The Council commended Mr. Tieder on his hard work on the project. Councilwoman Elzey asked Mr. Tieder to keep the Council updated on rate increases in the Sanitary District. He explained that the Sanitary Commission is not allowed to raise their rates unless the City of Cambridge did so, and that even though the City raised those rates in July of last year, they did not increase rates until July 1, 2009. He noted that the rates increased by 12% to $46 per user. Based on a recommendation by Councilman Newcomb, the Council reappointed Steve Tolley to the Sanitary Commission. The Council acknowledged that Mr. Tolley’s term will expire on December 31, 2014. CONCERN-HEALTH INSURANCE FOR ELECTED SCHOOL BOARD-BUS DRIVERS/CITIZENS Ralph C. Lewis, Jr., advised the Council he was present to speak on behalf of school bus drivers in Dorchester County, not the School Bus Contractors Association, regarding the need for health insurance for school bus drivers. He explained that school bus drivers are not employees of the Board of Education and receive no health benefits. Mr. Lewis stated that the Board of Education does provide health insurance to its bus drivers but not to drivers who are hired by independent bus companies. He advised that Council that although they had met with the Board of Education in March 2008 regarding health insurance they had not received a response from that Board. Mr. Lewis stated that there was a need for more individuals to become school bus drivers and that providing health insurance benefits would encourage more people to pursue a career in school transportation. He acknowledged that Benito Lake, a school bus driver and contractor who also owned an independent bus company had lost employees to the Board of Education after he provided training to those individuals at the cost of $3,400. He advised that even though these independent drivers and their employees are not employed by the Board of Education they are required to have the same amount of training as those drivers and are not reimbursed for their expenses. Mr. Lewis explained that legislation had been introduced in both the House and Senate for the 2009 Maryland General Legislative Session that would provide health insurance to the elected Dorchester County School Board members and that he believed the legislation should be inclusive of “non employee” bus drivers. He told the Council that several independent school bus drivers would be meeting with the School Board on April 16, 2009 to discuss their concerns. The Council agreed to send a letter to the Board of Education encouraging the Board to work with independent school bus drivers in order to address their concerns. Councilman Newcomb abstained. LEGISLATIVE SESSION The Council introduced BILL NO. 2009-4 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: 1. Providing for the creation of a certain trust known as the Other Post Employment Benefits Trust to fund certain retiree benefit plans; 2. Providing for the creation of a Board of Trustees for the Trust; 3. Providing for the form and manner of contributions into the Trust and payments from the Trust; 4. Specifying provisions for management of the Trust; 5. Specifying duties and responsibilities of the Board of Trustees; 6. Specifying that the Director of Finance is the custodian for all Trust Fund assets; 7. Providing for the indemnification for members of the Board of Trustees; 8. Specifying provisions as to the amendment or termination of the Trust; 9. Providing for the participation of other governmental agencies in the Trust; and 10. Providing for the protection of the Trust from creditors. Mr. Merryweather advised that Bill No. 2009-4 would establish a post employment benefits trust, which is required by the Governmental Accounting Standard Act, to create a trust to account for post retirement benefit costs. In response to a question from Councilwoman Elzey regarding the composition of the Board of Trustees, Ms. Baynard advised that although the proposed bill identified the members of that Board as the County Manager, Human Resources Director, Director of Finance and the Assistant Finance Director, there was no mandatory requirement on who must be appointed to that Board. Mr. Merryweather expressed his opinion that the proposed membership was appropriate due to the fiduciary duties required of the Board members. Based on a question from Councilwoman Elzey, Mr. Spears advised that the Board members manage the trust, accept contributions into the trust by Council and invest the funds. Councilwoman Elzey questioned why the legislation contained a provision regarding protection from creditors. Mr. Spears explained that the language was placed in the legislation to protect the assets in this fund in the event an individual or entity filed a lawsuit against the County. In response to questions from Ms. Baynard, Mr. Spears advised that periodic reports on the trust would be provided to the Council and the funds would be subject to the County’s annual audit process. The Council agreed to proceed with publication of a public hearing on this matter. MANAGER’S COMMENTS The Council approved the recommendation of Keasha Haythe, Economic Development Director, to transfer $110,000 in the revolving loan fund from the former Dorchester First! program to the Eastern Shore Entrepreneurship Center Program (ESEC) based on approval obtained from the United States Department of Agriculture (USDA) and the Maryland Department of Business and Economic Development (DBED). The Council acknowledged that the funds transferred will be used to assist only The Council approved the request of Ms. Haythe to submit an Application for Investment Assistance to the Economic Development Administration for funds up to $3 million dollars for the infrastructure inside the proposed LARGE MARINE PROJECTS SUMMARY-PUBLIC WORKS Chuck Weber, Public Works Director, provided the Council with a summary of the status of several County marine projects including anticipated cost and additional action required. Mr. Weber advised the Council that funding in the amount of $446,000 has been obtained from the Department of Natural Resources (DNR) through a no interest shore erosion control loan for the Elliott Island Shore project which consists of the construction of 16.5 acres of tidal wetlands as part of a living shoreline construction to protect 3,200 feet of Elliott Island. Mr. Weber advised that DNR has indicated that the $466,000 could be diverted for use on the construction of breakwaters at Punch Island but that he recommends those funds be used to protect areas along the Elliott’s Island Road, a public roadway, that are in danger of immediate erosion. He explained that the cost for the project is estimated at $2,476,000 and that efforts to obtain a grant from the Maryland Department of Environment by means of stimulus funding were unsuccessful. He noted that although other grant sources are being investigated no additional funds had been identified for the project. The Council agreed to use the $446,000 from the no-interest Department of Natural Resources shoreline erosion control loan to protect the areas of Elliott’s Island Road that are in danger of immediate shore erosion. The Council acknowledged that Mr. Weber will scale the project to ensure that the project does not exceed the loan amount including any additional funding that may become available. Mr. Weber explained that the Elliott Island Jetty and Marina project involves the replacement of existing wood jetties with stone rip rap to protect and reduce wave damage in the marina and the placement of rock sills to stop shoreline erosion in the marina and to maintain creek flow into the harbor. He noted that the project is currently in the design phase with a projected cost of $840,000. He advised that the DNR has awarded the County $62,350 for the design of the project and $95,000 toward construction. Mr. Weber stated that an application for additional funds in the amount of $99,000 has been requested and that staff would also be submitting a request for funding for 2011 for dredging and construction. Based on Mr. Weber’s recommendation, the Council approved the recommendation of Mr. Weber that the design of the Elliott Island Jetty and Marina project be completed so that permitting is in place in the event additional funding can be secured. The Council acknowledged that obtaining DNR funding has become very competitive and that the County will be in a better ranking position for continued funding if the design work is completed. Mr. Weber advised that the Chapel Cove project involves the re-dredging of the main public channel access to the County dock and Boat Ramp at Based on Mr. Weber’s recommendation, the Council agreed that William Craig and Company should move forward with the plat survey project at a cost of $2,850 from the County’s FY09 Contingency Fund. The Council acknowledged that Mr. Weber and Mike Moulds, Engineer, will determine whether or not existing funds set aside for William Craig and Company for survey work not performed on a project can be redirected to pay for the Chapel Cove survey work instead of using FY09 Contingency Funds. The Council instructed Mr. Weber to advise Council if those funds can be redirected. Mr. Weber stated that the Lodgecliffe Canal project consists of the dredging of the entrance to the canal and the reconstruction and extension of the existing jetty to reduce shoaling at an estimated project cost of $1,216,625. He explained that the project is eligible for a no interest loan from DNR if a special tax district is established for those 30-35 properties using the canal. He advised that no grant funding is available from the Waterway Improvement Fund for the project because no public facilities are being served. Mr. Weber stated that the Council has budgeted $40,000 for the engineering work for the project in the Capital Budget and recommended that those funds be used to obtain a design for the shoreline restoration, jetty design and dredging permitting. Councilman Travers advised that he had been contacted by several residents on Lodgecliffe Canal who expressed concern about the forming of a special tax district and what costs they would incur in repaying the cost of improvements. E. Thomas Merryweather expressed concern regarding whether the residents on Lodgecliffe Canal understand that the no interest DNR loan would have to be repaid by them if a special tax district is created. Mr. Moulds advised that the residents had formed a homeowner’s association and that they were working with an attorney on the creation of the tax district. Councilman Travers questioned how many of Lodgecliffe Canal residents would have to agree to the special tax district before it could be established. Mr. Moulds was asked to research and define the majority of residents necessary to request a taxing district. Mr. Moulds explained that he was working with the representatives from the Horn Point Laboratory at the University of Maryland regarding the construction of a shoreline restoration project for the placement of the dredged material from the canal. Councilman Travers made a motion to allocate the $40,000 in the Capital Budget in order to proceed with the design of the project. Council members Nichols, Price, Elzey and Newcomb opposed. The Council deferred Mr. Weber’s request to release $40,000 in funds budgeted for engineering work for the Lodgecliffe Canal project. The Council requested that Mr. Merryweather and Mr. Moulds meet with residents on the road to determine interest in a special taxing district to support the project. SOLID WASTE MANAGEMENT PLAN ADOPTION-LANDFILL/PUBLIC WORKS Based on a request by Mr. Weber, the Council agreed to execute a resolution to formally adopt the final 10-Year Comprehensive Solid Waste Management Plan for 2006 through 2016 and to submit the plan to the Maryland Department of the Environmental for its approval. He acknowledged that public comment was received on the plan at the Council's January 20, 2009 meeting and were taken into consideration in the finalization of the plan. DECLARATION OF COVENANT – BEULAH LANDFILL-LANDFILL/PUBLIC WORKS The Council approved the request of Mr. Weber to execute a Declaration of Covenant on the Beulah Landfill property owned by the County to define the portions of the property that are designated for landfill activity. The Council acknowledged that the Maryland Department of Environment is requiring the execution of the document as a condition of the County’s application to the Maryland Department of Environment for a permit to create Cell 5 at the Beulah Landfill. INTERLOCAL AGREEMENT-2009 BYRNE JUSTICE ASSISTANCE GRANT-SHERIFF’S OFFICE At the written request of Valerie Mann, on behalf of the Sheriff’s Office, the Council approved the submission of the Interlocal Agreement between the City of The Council acknowledged that the Sheriff’s Office staff would administer the grant. The Council further acknowledged that public comments must be received by April 18, 2009 and, based on comments from Ms. Mann understand that this can be accomplished either by means of a public hearing or by placing information on the County’s website. The Council requested that Ms. Mann and Sheriff TRAFFIC SAFETY RECOMMENDATIONS The Council considered the Traffic Safety’s Committees recommendations for several issues discussed at its March 24, 2009 meeting. In response to a request from a property owner on Toddville Road, the Council confirmed the Committee’s recommendation not to place 35 mph speed limit signs on Toddville Road and to place one graphic sign indicating “Children At Play” along the road. In response to general concerns expressed by the Farm Bureau and the Dorchester County Soil Conservation District, the Council acknowledged that Mr. Weber will instruct Public Works employees who install signs to use caution on roads where there is a lot of farm equipment traffic to ensure adequate travel distance between signs to accommodate the large clearance often needed by modern farm equipment. The Council further acknowledged that he will contact the Farm Bureau and Soil Conservation District to determine if specific areas should be reviewed as possible obstacles to local farmers needing to move equipment. The Council acknowledged that no action by the Council is required. The Council confirmed the recommendation to not implement permit parking on The Council confirmed that no action will be taken to place “No Parking” signs on The Council approved the recommendation that the southernmost yield sign at the intersection of Centennial and Cloverdale be replaced with a stop sign. The Council approved the recommendation to move the northern most 35 mph speed limit sign from its current location on FY10 GRANT RENEWAL-COLLABORATIVE SUPERVISION & FOCUSED ENFORCEMENT (CSAFE)-LOCAL MGT BOARD The Council approved the request of Nancy Shockley, Local Management Board Director, to submit a Collaborative Supervision & Focused Enforcement grant renewal application for FY10 in the amount of $38,500 with no local match. The Council acknowledged that the funds will be used to contract with the Cambridge City Police Department for police overtime in identified CSAFE areas to address the high incidence of crime at those locations. EMERGENCY AND TRANSITIONAL HOUSING/HOMELESSNESS PREVENTION GRANTS-SOCIAL SERVICES The Council approved the written request of William McDonnell, Social Services Director, and executed the attached FY 2010-2012 Emergency and Transitional Housing and Services Program (ETHS) and Homelessness Prevention Program (HPP) grant application for funding in the amount of $43,939 per year for both programs. The Council acknowledged that the ETHS Program funds are used to assist community shelters with operational expenses such shelter supplies, lodging vouchers, renovation and building rehabilitation expenses, food, transportation, and rent and mortgage subsidies for clients, while the HPP Program funds provide direct grants to families or individuals to prevent eviction. REQUEST FOR WAIVER OF TRASH REMOVAL-DISPOSAL FEES Based on a written request from Beth Wasden, Volunteer Coordinator, Pickering Creek Audubon Center, the Council instructed Mr. Weber to use his discretion in determining if there will be an appropriate amount and type of trash from the Project Clean Stream cleanup scheduled for April 4, 2009 at Farm Creek Audubon Sanctuary to warrant a tipping fee credit as requested. The Council acknowledged that Project Clean Stream concentrates on the removal of roadside and creek shoreline debris to help preserve the quality of the Farm Audubon Sanctuary and to protect the Bay’s waters and wildlife. TELEPHONE POLL CONFIRMATIONS Ms. Baynard advised that in the interim between meetings the Council approved the following by telephone poll: 1) agreed to execute a letter of opposition for Senate Bill 1041 entitled “Maryland Health Care Commission – State Police – Helicopter Emergency Medical Services” by a 4 to 1 vote with one abstention; 2) agreed to execute a letter to the local delegation asking their consideration in amending MD Annotated Code Article 25A §7, which currently requires that a number of printed copies of the Code and supplemental updates be provided to several State agencies at the cost of the County by a 5 to 0 vote; 3) approved the execution of a Memorandum of Understanding recognizing the Partnership for Drug Free Dorchester formerly the Dorchester County Communities Mobilizing for Change on Alcohol (Coalition), composed of various agencies and representative groups, and the Dorchester County Health Department and designees for the purpose of coordinating a response to alcohol, tobacco and other drug abuse, and prevention in Dorchester County by a 5 to 0 vote; 4) approved the declaration March 31 as special legislative day to allow introduction of legislation by unanimous vote. Ms. Baynard advised the Council that she spoke to Delegate Rudolph Cane regarding the amendment to the Maryland Annotated Code Article 25A §7, | |||||||||
