Meeting Minutes
Meeting Minutes
posted: 05/10/09
County Council Meeting MinutesApril 28, 2009 County Council of Regular Meeting Minutes April 28, 2009 The County Council of Dorchester County met in regular session on April 28, 2009 with the following members present: Present were Jay L. Newcomb, 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)(3) to consider the acquisition of real property for a public purpose and matters directly related thereto 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 Councilwoman Elzey led the invocation and the pledge of allegiance. CALL FOR ADDITIONS OR DELETIONS TO AGENDA The Council approved the addition of a discussion on the disposition of 120 High Street to the agenda. APPROVAL OF MINUTES-APRIL 21, 2009 The Council approved the minutes for April 21, 2009 as presented. APPROVAL OF DISBURSEMENTS The Council approved vouchers as presented with the exception of a voucher for the Detention Center in the amount of $167,000 under medical expenses in order to obtain more information. 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 April 28, 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 to §10-508(A)(3) to consider the acquisition of real property for a public purpose and matters directly related thereto 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) agreed to maintain an Administrative Associate position in the Economic Development Office and to consider a request to advertise in regular session by a 4 to 0 vote; 2) agreed to maintain a Planning Technician position in the Planning and Zoning Department and to consider a request to advertise in regular session by a 4 to 0 vote; 3) reviewed testimony and information obtained pursuant to a personnel hearing held on April 14, 2009; 4) discussed options to dispose of 120 High Street, Cambridge, Maryland, and agreed to discuss the matter in open session by a 4 to 0 vote; 5) discussed with legal counsel a request for a property tax waiver. 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 Councilman Newcomb recognized that May 3, 2009 to May 9, 2009 was COMMENDATION-CAMBRIDGE The Council presented a commendation to the participants of the Cambridge South Dorchester High School Senior Class Play entitled “The Wizard of Oz.” Donna James and Mike James, Play Directors, and several members of the cast and crew accepted the proclamation. PROCLAMATION-SENIOR CITIZENS MONTH-MAY 2009 The Council presented a proclamation declaring May 2009 as Senior Citizens Month. Tom Wilson, on behalf of the Board of Directors of the Dorchester County Commission on the Aging, Inc., accepted the proclamation. Mr. Wilson encouraged the public and the Council to attend the Annual Senior Celebration scheduled for May 21, 2009. PROCLAMATION-OLDER AMERICANS MONTH-MAY 2009 The Council presented a proclamation declaring May 2009 as Older Americans Month. Mary Handley, Delmarva Community Services, accepted the proclamation. PROCLAMATION-CORRECTIONAL OFFICERS WEEK-MAY 3-9 The Council presented a proclamation declaring May 3 to May 9, 2009 as Correctional Officers Week. Warden PROCLAMATION- The Council presented a proclamation declaring May 2009 as the 2009 Maryland Law Enforcement Challenge also known as Click it or Ticket Month. Corporal Timothy Ebeling, Sheriff’s Office, Patrolman First Class J. Todd, Hurlock Police Department and Maryland State Police Trooper Chuck Baldwin accepted the proclamation. Corporal thanked the Council for its continued support of the Maryland Law Enforcement Challenge/Click It Ticket program. EAGLEMAN IRONMAN-GERRY BOYLE Gerry Boyle, Local Event Coordinator, Eagleman Ironman 70.3, presented to the Council a framed copy of an Triathlete Magazine article in which the Eagleman Ironman 70.3 was recognized as “Best Race Support” and requested that the article be displayed at the County’s Tourism Department. The Council approved Mr. Boyle’s request to place a container at PUBLIC HEARING-COMMUNITY DEVELOPMENT BLOCK GRANT –WOOLFORD/MADISON SEWER EXTENSION-SANITARY Joyce DeLaurentis, Community Development Director, Maryland Rural Development Corporation, explained that the public hearing was being held on the submission by the Sanitary Commission for a Community Development Block Grant application in the amount of $720,000 to the Maryland Department of Housing and Community Development for the Woolford/Madison sewer extension project. She advised that she received correspondence earlier in the day from the Department of Housing and Community Development verifying that the Madison-Woolford-Susquehanna area is composed of 52.7% low and moderate income households and therefore qualifies for Community Development Block funding. She asked residents to provide letters of support for the submission of the application. Ms. DeLaurentis said that the total project cost, including the payment of City of Cambridge impact fees, is $8,675,141. She stated that $7,743,643 of the funding has been committed to the project by the Maryland Department of Environment by means of stimulus funding with additional funding and United States Department Agriculture, leaving a funding gap of $931,498. She explained that funds have been requested from the Maryland Department of Environment for 2009 which can be used to cover the gap and that she has been advised that there may also be additional United States Department of Agriculture funding available. Ms. DeLaurentis advised that a joint public hearing between the Sanitary District and the Dorchester County Council to review a resolution and Memorandum of Understanding regarding the creation of a new sanitary district and the definition of the district’s boundary lines is to be held on May 14, 2009 at the Madison Fire House. She acknowledged that Jim Richardson from George, Miles and Buhr was present. Jane Baynard, County Manager, noted that no one signed up to speak during the public hearing. Councilman Newcomb asked for public comment. Joe Coyne, a resident of Susquehanna, noted that he and other residents in the Madison-Woolford-Susquehanna area had signed a petition several years ago in support of the project. He noted that over 300 individuals signed that petition. He expressed his appreciation to the Council members for their continued support for the project. Tony LeCounte, a Dorchester County resident, advised that he was in the process of building a house in the area and questioned whether he will be able to connect to the new sewer system. E. Thomas Merryweather, County Attorney, advised Mr. LeCounte that a list of those residences by tax identification number that can connect to the system is available at the Dorchester County Sanitary Office and the Planning and Zoning Department. Ms. DeLaurentis stated that out of the 347 eligible properties only 11 properties in Madison are undeveloped parcels. Portia Johnson Ennals stated that she was pleased that funding was available for the project and disappointed that City representatives did not waive or exempt the payment of impact fees. The Council agreed to execute a Resolution authorizing the submission of the Community Development Block Grant by the Sanitary District for funds in the amount of $720,000 with a $10,000 in-kind local match to the Maryland Department of Housing and Community Development for the Woolford/Madison sewer extension project. Councilman Newcomb noted that the Council was also talking public comments on the submission of a Community Development Block grant to the Maryland Department of Housing and Community Development for funds in the amount of $80,000, with no local match, to be submitted on behalf of a Boys and Girls Club for start up and operating funds. Nancy Shockley, Local Management Board Director, stated that the $80,000 represents half of the proposed budget for the start up of a Boys and Girls Club in the local community. She explained that the funds would be used to hire an Executive Director. She advised that she is seeking additional funding from community foundations and other organizations. Ms. Shockley explained that a needs assessment in 2006 identified the need for a service to keep the local youth off of the streets and provide them with recreational activities. She stated that a location has been secured within the City limits for the Boys and Girls Club. She explained that they were partnering with the Souls Harbor Church on Peachblossom Avenue to hold the meetings and activities at the church in exchange for renovations to the church. Ms. Shockley explained that her intention is to expand the Boys and Club to the southern and northern part of the counties without duplicating services. She asked for letters of support from residents who will utilize the services of the club, which will be supplied with the application. Councilman Newcomb asked for public comment. Cheryl King, a Dorchester County resident, expressed concern that the majority of the Community Development Block Grant funds allocated to the County ($800,000) will be used for the sewer extension to the Madison-Woolford-Susquehanna instead for the benefit of all low and moderate income residents in the County and asked if the sewer project would jeopardize the funding of other projects if the State determined that the sewer project does not meet income guidelines. MANAGER’S COMMENTS USED OIL AND ANTI-FREEZE COLLECTION FACILITIES AGREEMENT-LANDFILL/PUBLIC WORKS The Council approved a request from Chuck Weber, Public Works Director, to enter into an Intergovernmental Agreement between Maryland Environmental Services and The Council acknowledged that there is no expense to the County to enter into the agreement nor will funds be received from the Maryland Environmental Service for the material. The Council further agreed that the agreement allows for the reimbursement of $2,500 for constructions shelters, if needed, at each location. LODGECLIFFE Ms. Baynard explained that at its March 31, 2009 the Council requested that Public Works staff meet with representatives of the Lodgecliffe Canal Association to follow up on the status of their efforts to organize support for the creation of a special tax district for the repayment of a possible no interest loan from the Department of Natural Resources for the dredging of the canal. She explained that the Council also requested clarification from Mr. Weber and Mr. Merryweather regarding the number of residents required to initiate a special taxing district. Ms. Baynard stated that pursuant to Section 8-708.1(b) of the State Boat Act every property owner with land abutting the channel has to support the special taxing district unless the other property owners agree to exempt or modify the cost sharing of a property owner/owners. She noted that there were 38 residents that would be affected by the creation of the special taxing district. She explained that in order to establish the district an application from the property owners will have be to be prepared and a resolution will have to be adopted by the Council. Ms. Baynard stated the it was her understanding that Mr. Weber was requesting the release the funds of $40,000 from the FY08 Capital Budget that were set aside for the Lodgecliff Canal dredging project to allow staff to proceed with engineering and permitting of the project. Councilwoman Elzey stated that it was her understanding that the Council requested clarification that the Lodgecliff Canal residents were in agreement to move forward with the creation of the special taxing district before funds were released. Mr. Weber explained that all or a portion of the $40,000 will be used to develop a more accurate cost estimate which will be used to assist the property owners in their decision on whether to move forward with a request to form the special taxing district. Bill Collier, President of the Lodgecliff Canal Homeowner’s Association, said that 65% of the Association’s members are willing to move forward while the remaining members questioning how much they will have to pay. In response to a question from Councilman Newcomb on the proposed cost per resident, Mr. Weber stated that, based on the current estimated cost of the project, if all 38 residents agreed to form the special taxing district and to contribute towards the repayment of a 25 year no interest loan with the Department of Natural Resources they would each pay approximately $1,280 annually. Mr. Weber stated that the special taxing district can be dissolved if the property owners elect not to move forward because the bids obtained for the project are too high or if the State does not agree to the formation of the district or after the loan has been fully repaid. Mr. Collier advised that Mike Moulds, Civil Engineer, presented the Association members with information on the project including a three prong approach with permits being obtained for the entire project. He stated that one option was to dredge the mouth of the canal and that 65% of the Association’s members support that dredging along with a jetty repair and extension. He expressed his opinion that $40,000 for engineering costs will be used because he believes those residents will want to move forward with the dredging of the mouth. He noted that a dredging spoil site had been located. Mr. Collier explained that the University of Maryland Horn’s Point staff were interested in using the spoil to reduce beach erosion. He thanked Mr. Moulds and the Council for continuing to support the project. The Council approved Mr. Weber’s request to use the $40,000 allocated in the FY08 Capital Budget for the engineering costs for the further identify and verify costs for permitting of the dredge material placement site. OTHER Jim Gregory, a Dorchester County resident who lived on Russell Road, Woolford, advised the Council that the outlet ditch of Russell Road needed to be cleaned as it was blocking the flow of water. He stated that it was his understanding that an easement had been granted to the County by property owners for the cleaning of that ditch. He explained that the ditch was approximately 120 to 140 feet. The Council instructed Mr. Weber to have staff view and determine if any permits are needed and if the appropriate easements are in place to clean the ditch. The Council also asked Mr. Weber to keep the Council updated on the matter. Based on a request from Councilman Newcomb, the Council agreed to forward a letter to the State Highway Administration requesting that their staff view the Park and Ride property in Church Creek for the possible placement of a fence between the recently planted trees and the parking lot based on concerns expressed by residents regarding safety issues that will exist once the trees and associated growth become substantial. REQUEST TO ADVERTISE-VACANT POSITIONS The Council approved the request of Keasha Haythe, Economic Development Director, to advertise an Administrative Associate position due to the retirement of an employee. The Council acknowledged that the position will be advertised in-house for five days and if sufficient applications are not received will then be advertised in local news publication. The Council also approved the request of Steve Dodd, Planning and Zoning Director, to advertise a Planning Technician position due to the resignation of an employee. The Council acknowledged that the position will be advertised in-house for five days and if sufficient applications are not received will then be advertised in local news publication. TERMINATION OF The Council approved the request of Ms. Haythe and agreed to execute a letter to terminate the Memorandum of Understanding between Dorchester First! and Maryland Capital Enterprises executed in 2006 in order to allow the Easter Shore Entrepreneurship to administer the Dorchester County Revolving Loan Fund. LEAD AGENCY DESIGNATION-INFANT AND TODDLERS PROGRAM Based on a written request from Donna Greenleaf, Program Director, the Council agreed to designate AMERICAN RECOVERY AND REINVESTMENT ACT GRANT-DELMARVA COMMUNITY SERVICES The Council approved the submission and execution of the American Recovery and Reinvestment Act Grant Agreement between REQUEST FOR GRANT EXTENSION-MARYLAND HERITAGE AREA AUTHORITY OPERATING ASSISTANCE GRANT-TOURISM The Council approved the request of Amanda Fenstermaker, Tourism Director, to extend the FY 2009 Maryland Heritage Area Authority Operating Assistance grant for the Heart of Chesapeake Country Heritage Area from July 15, 2009 to January 15, 2010 in order to have continuous financial coverage of program expenditures during the transition between the FY09 grant and the FY 2010 grant. FARM SERVICE AGENCY LEASE-REQUEST FOR EXPRESSIONS OF INTEREST The Council agreed to submit a letter expressing interest in continuing to lease office space in the 2009 MOSQUITO SPRAYING APPLICATION RATE REQUEST-MARYLAND DEPARTMENT OF AGRICULTURE The Council approved a request from REQUEST FOR PROSPOSALS FOR GENERAL OBLIGATION NOTE OF 2009-FINANCE The Council approved the request of Mr. Spears to advertise a request for proposals to solicit interest from local banks on competing with the municipal bond market for funding debt included within the County’s FY08 and FY09 capital budget. The Council acknowledged that the debt consisted of FY09 capital budget funds for construction costs for the replacement of North Dorchester Middle School ($3,825,703) and the School of Technology ($1,202,440) and FY09 capital budget funds for the replacement of the North Dorchester Middle School ($1,551,730) for a total of $6,579,873. The Council also approved Mr. Spears’ request to amend the by request for proposals by adding a 15 year and a two year maturity date option in addition to the 20 year maturity date. The Council deferred the appointment of an individual to the Dorchester AMENDMENT-EMERGENCY AND TRANSITIONAL HOUSING/HOMELESSNESS PREVENTION GRANT-SOCIAL SERVICES The Council approved the written request of William McDonnell, Social Services Director, to execute an amendment to the FY 2010-2012 Emergency and Transitional Housing and Services Program (ETHS) and the Homelessness Prevention Program (HPP) grant application from $43,939 to $46,139.00 per year for both programs. The Council acknowledged that the original grant request was incorrect due to a mathematical error. The Council further acknowledged that the ETHS Program funds will be used to assist community shelters with operational expenses such as shelter supplies, lodging vouchers, renovation and building rehabilitation expenses, food, transportation, rent and mortgage subsidies for clients, while the HPP Program funds will provide direct grants to families or individuals to prevent eviction. TELEPHONE POLL CONFIRMATIONS Ms. Baynard advised that in the interim between meetings the Council approved the following by means of telephone poll: 1) approved the submission of a grant application to the U.S. Department of Justice, Office of Justice Programs for funding in the amount of $54,000 to pay overtime costs for marine patrols ($26,250) and anti gang efforts ($26,250) and for $1,500 for costs for two grant related meetings including transportation costs, meals and lodging by a 5 to 0 vote. The Council acknowledged that there is no local match; 2) agreed to allow one reserve paramedic unit staffed by part time paramedics to be dispatched to Queen Anne’s County on Sunday, April 19, 2009, to answer any emergency calls in order to allow Queen Anne County emergency responders to attend the funeral of a firefighter, pursuant to a mutual aid agreement, by a 5 to 0 vote; 3) agreed to join representatives of the Maryland Association of Counties for lunch on Wednesday, July 1, 2009; 4) agreed to send a congratulatory letter to John Porcari, State of Maryland Transportation Secretary, who has been nominated for Assistant Secretary of the U.S. Department of Transportation by President Barack Obama by a 5 to 0 vote; 5) agreed to cast a ballot to re-elect the following four individuals to the Local Government Insurance Board of Trustees: Davie E. Carey, John Miller, F. Gary Mullich and Wilson Parran by a 5 to 0 vote. DISPOSITION OF Ms. Baynard noted that the Council, at its March 17, 2009, requested that she investigate options regarding disposal of 120 High Street which the Council has declared no longer necessary for public use. She explained that the Council had previously advertised a request for proposals for the sale of the property but only received one bid of $1,000 which was rejected. She recommended that the property be marketed by a Realtor® in order to obtain the best exposure on the sale of the property through the Multiple Listing Service. The Council agreed to advertise a request for expressions of interest from local real estate brokers for the marketing of the property. The Council acknowledged that responses to rates to market the property and a market study identifying possible sale options should be included with the expressions of interest. PUBLIC COMMENTS Based on a recommendation by Councilman Newcomb, the Council approved the appointment of Alanda Bramble to the Council for Senior Citizens to fill the unexpired term of Rodney Hurley. The Council acknowledged that Ms. Bramble’s term will end on December 31, 2010. COUNCIL’S COMMENTS/ADJOURNMENT Based on a request from Councilwoman Elzey, the Council agreed to send thank you letters to the members of the Dorchester First Revolving Loan Fund Committee that was recently disbanded for their service. The Council agreed to send a letter of condolence to the family of Bea Arthur, who recently passed away. Based on a request from Councilman Price, the Council agreed to send letters to all municipalities, excluding the City of Cambridge, inquiring as to their willingness to meet quarterly or semi annually with the County Council. The Council acknowledged that monthly meetings are currently being held between representatives of the County Council and the City Council. Councilman Price noted that the draft water resource element for the County’s Comprehensive Plan was available for review on the Council’s website. Based on a request from Councilman Price, the Council agreed to send a congratulatory letter to the owners of Waterland Fisheries on the expansion of their business. Councilman Newcomb advised that the next County Council meeting was scheduled for May 5, 2009 for a budget public hearing. With no further business to discuss, the Council adjourned. ATTEST: ______________________________ ____________________________________ Jane Baynard, ____________________________________ &n | |||||||||
