County Council Meeting Minutes
June 30, 2009
County Council of
Regular Meeting Minutes
June 30, 2009
The County Council of Dorchester County met in regular session on June 30, 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,
The Council adjourned from a Regular Session and convened in a closed Executive
Session pursuant to the State Government Article §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.
INVOCATION AND PLEDGE OF ALLEGIANCE
Council Price led the invocation and the pledge of allegiance.
CALL FOR ADDITIONS OR DELETIONS TO AGENDA
The Council approved the addition of a presentation of the 2009 Tawes Award for Clean Environment that was recently awarded to the Dorchester County Resource Preservation and Development Corporation to the regular session agenda.
APPROVAL OF MINUTES-JUNE 16, 2009
The Council approved the minutes for June 16, 2009 as presented. Councilman Nichols abstained as he was not present at that meeting.
APPROVAL OF DISBURSEMENTS
The Council approved vouchers as presented with Councilman Travers abstaining from payments made to Simmons Center Market and Councilman Newcomb abstaining from payments made to Old Salty’s.
FINANICAL REPORT: CASH AND INVESTMENTS
Councilman Newcomb reported total cash and investments as $5,420,099.55.
BUDGET TRANSFER REQUESTS
The Council approved the following FY 2009 budget transfers: 1) $2,2521,502 from Local Income Taxes to Income Tax/Reserve Fund to set aside surplus income tax revenue to offset lost revenues; 2) $783 from Tourism-Miscellaneous Revenue to Tourism Mileage/Conference; 3) $10,000 from Economic Development-Miscellaneous Income to Economic Development-Special Projects; 4) $6,250 from Circuit Court-Court Reporter/Contractual Services Circuit Court to Other Expenses; 5) $2,300 from Recreation Pool Salaries and $1,000 Seasonal Salaries to the following: $1,000 to Recreation and Parks Other Expenses; $1,000 to Pool Maintenance and Repairs; and $1,300 to Pool Other Expenses.
The Council approved the request of Keasha Haythe, Economic Development Director to transfer the entire Economic Development/Dorchester First FY09 Budget of $30,991 to the Economic Development General Fund.
FY10 CATEGORICAL BUDGET REQUEST – BOARD OF EDUCATION
Based on a request by Dr. Frederic Hildenbrand, Superintendent of Schools, the Council approved the following FY 2010 Categorical Budget Request in the amount of $47,517,771 for the Board of Education: Administration, $1,250,462; School Management & Support, $4,582,727; Instructional Salaries, $19,161,190; Instructional Supplies and Textbooks, $731,905; Instructional – Other, $612,619; Special Education, $3,582,373; Pupil Services, $398,062; Health Services, $422,572; Transportation, $3,030,024; Operations, $3,792,488; Maintenance, $760,146; Fixed Charges, $9,070,381; Capital Outlay, $122,822. The Council also agreed to execute the FY 2010 Annual Budget Certification Statement. The Council acknowledged that a request will be forthcoming in July 2009 from Dr. Hildenbrand regarding year end budget adjustments and that Gary McCabe, Assistant Superintendent for Administration, will address the Council at its July 14, 2009 meeting to update on the bid process for construction of the School of Technology.
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 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) discussed the following items; a) proposal for the use of a public property as an athletic area; took no action, b) a possible civil case involving a County road with legal counsel; took no action, c) delinquent accounts for mosquito spraying with legal counsel; took no action, and d) a funding allowance specific to a local volunteer fire company with legal counsel; direction to staff.
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.
PRESENTATION OF TAWES AWARD FOR A CLEAN ENVIRONMENT
Joe Coyne, President of the Dorchester County Resource Preservation and Development Corporation, presented to the Council the 2009 Tawes Award for a Clean Environment that the organization received. He acknowledged Bruce Coulson, Vice President of the Dorchester County Resource Preservation and Development Corporation, was also present. He thanked the Council, County Staff, the County’s federal delegation and local citizens for their assistance with the organization in protecting the environment including the passage of local legislation for tax credits for shoreline erosion control and in the restoration of the James and Barren Islands.
The Council thanked Mr. Coyne and Mr. Coulson for their hard work and commended them for receiving award. The Council agreed to display the award in the Council’s meeting room.
Dr. Barbara Viniar, Chesapeake College President, provided the Council with an update on the College. She advised that a new Chesapeake College strategic plan has been developed and that she will provide copies to the Council. She explained that full time enrollment at the College increased 30% from last year and that enrollment by Dorchester County residents has increased over the last five years by 49%. She noted that construction on the Kent Humanities Building on the Wye Mills campus, where 50% of the courses are now taught is scheduled to begin.
Dr. Viniar thanked the Council for maintaining level funding for FY 2010 to the College, along with a 3% increase from the State, reductions had to be made to the College’s budget which included cuts to information technology, eliminating most travel and discretionary funds and providing no raises to employees. She advised that the cost per credit hour had not increased from the $91 rate set in 2008 but cautioned that the rate will not be maintained for 2010. She said that there were no loss of full time jobs put that part time staff was cut and some staff received a decrease in hours.
Dr. Viniar explained that, although a new location for the Chesapeake College Center was announced in March 2009, due to decreased funding and increased costs the Chesapeake College Board members are considering purchased the old Airpax building to renovate as an alternative location. She said that the sale of the Race Street building that currently houses the Cambridge Center will provide necessary funds for the improvements. She noted that they will also have to request funding support from all five counties which support the College, including Dorchester County to move forward with the renovation or construction.
Dr. Viniar noted that the Queen Anne County Commissioners are exploring an option to take over management and operation of the pool at the College by assuming all costs and liability until a pool can be constructed at another location in Queen Anne’s County. She said that once the pool at the college is closed the building may be renovated to use for nursing and health programs.
Dr. Viniar thanked the Council for their support of Chesapeake College and the Council thanked Dr. Viniar for providing an update.
The Council agreed, in keeping with State law and existing resolution, to proceed with the advertising of a vacant Dorchester County Board of Education position due to the resignation of Michelle Jackson from her elected post effective June 17, 2009. The Council acknowledged that the advertisement is for an individual to fill the remainder of Ms. Jackson’s term which will expire on December 31, 2010. Council advised that pursuant to State law, the vacancy is to be filled by an action of the Council.
PUBLIC HEARING-WATER AND
E. Thomas Merryweather advised that a public hearing was being held on a request submitted by Crystal Lake, LLC, to amend the County’s Comprehensive Water and Sewer Plan.
Rodney Banks, Assistant Planning and Zoning Director, explained that the request was for a map and text amendment to provide a new water service area, identified as a W-1 with an existing to 2 year service timeframe, and a new sewer service area, identified as an S-1, with an existing to 2 year service timeframe. He said that the subject property consists of approximately 78 acres and is located east of the City of Cambridge on the northwestern corner of U.S. Route 50 and Route 16. He explained that the property was the site of a former sand and gravel pit operation and that the pit and evacuation site, which encompasses approximately 16.39 acres, has filled with water. He noted that over 57 acres of the property is in the Chesapeake Bay Critical Area.
Mr. Banks explained that the Crystal Lake project is a proposed commercial development that is planned to serve by a private multi-user water distribution system with up to two wells, storage tank and as needed a water treatment system. He said that the preliminary site plan, which allows, for several restaurants, banks, service stations, retail stores and an open air market, was conceptually approved by the Planning Commission at its July 2008 meeting. He explained that the property carries the designations of a RR, Rural Residential and B-2, General Business Zoning District. Mr. Banks noted that the access to the commercial center will be from Mount Holly Road, a major collector roadway. He advised that the Planning Commission unanimously voted to submit a favorable recommendation to the Council to approve the amendment request.
William “Sandy” McAllister, Attorney for Miles and Stockbridge, representing Robert Pascal and
Mr. Merryweather asked if there was anyone present that was opposed to the amendment. No one indicated their opposition to the request.
Mr. McAllister provided the Council with an amended resolution and noted that the only change was that the amendment included that that the Planning Commission Findings of Fact are adopted as part of the Council’s approval of the amendment.
The Council agreed to adopt the Planning Commission Finds of Fact and execute the resolution to amend the County’s Comprehensive Water and Sewer Plan to amend
the provisions of certain tables of and adopting additional maps to establish water and sewer service areas for certain properties located at the northwest corner of Routes 50 and 16 (hereinafter, the “Crystal Lake Service Area”), more specifically parcels 64, 65, 69 and 153 of Tax Map 31 and parcels 345, 346 and 347 of Tax Map 42. The Council acknowledged that the Crystal Lake Service Area will be served by water and wastewater systems having average daily capacities of 45,500 gallons.
AMERICAN RECOVERY AND REINVESTMENT ACT LOCAL HIGHWAY ALLOCATION MEMORANDUM OF UNDERSTANDING
The Council approved the request of Chuck Weber, Public Works Director, to execute a Memorandum of Understanding outlining the County’s American Recovery and Reinvestment Act Local Highway Allocation of $1,063,000. The Council acknowledged that Mr. Merryweather has reviewed and approved the execution of the document.
FY 09/10 ROAD PROGRAM REQUEST
Based on a request from Mr. Weber, the Council approved the Highway Division Road Program for 2009-2010. The Council acknowledged that the tar and chip schedule reflects about 32 miles of re-surfacing and 9 miles of blacktop and confirmed that no slurry seal or re-mixing will be performed due to lack of funds. The Council further acknowledged that 2 miles of Smithville Road which is approximately 7 miles in length will be funded by means of State aid.
In response to a question from Glenn Payne, a Dorchester County resident, Mr. Weber advised that the FY 2010 paving program included the blacktopping of the following County roads: 1.50 miles on Aireys Road; 1.0 miles on Suicide Bridge Road; 1.5 miles on Williamsburg Church Road; .7 miles on Moose Lodge Road; 2 miles on Robbins Road and 2.2 miles on Gravel Branch. He noted that the paving program also included patching on 11.32 miles of County roads.
The Council requested that Mr. Weber have staff view the road in front of the Wingate Dock for any repairs that may be needed and for possible inclusion in the 2010-2011 Highway Division paving program. The Council also requested that he provide information on when the bulkhead is scheduled to be replaced at that dock.
Based on a question from Councilman Price regarding the status of road side trash, Mr. Weber explained that trash is being picked up as calls are received and that the inmate roadside pickup program had been temporarily halted due to some unforeseen problems.
The Council requested that Mr. Weber have staff view Ballpark Road in front of the store regarding grass and other growth that may be impeding the intersection, and if necessary contact the owner of the property, Blair Phillips, in order to remove the impediment.
In response to a question from Councilman Travers, Mr. Weber explained that all plans for the use of American Recovery and Reinvestment Act stimulus funds for highway projects must be submitted to the State Highway Administration by August 17, 2009 and advised that he believes it will be the fall of 2009 or the spring of 2010 before the County construction projects commence.
RECONSIDERATION-BUDGET APPROPRIATIONS -
Ms. Baynard explained that the Council, by telephone poll, agreed to amend the June 2, 2009 decision to provide $5,000 to City of Cambridge from the County’s FY09 Contingency Fund for the June 2010 fireworks to clarify that those funds be paid prior to June 30, 2009 from the FY09 Contingency Fund in order to accommodate the FY 2010 request with current year funding.
She noted that the Council had also agreed, by phone poll to amend its June 16, 2009 decision to allocate $9,000 from the FY09 Contingency Fund as a commitment to a grant application request for funding to a Community Development Block Grant program to develop an Economic Development Strategic Plan to an FY 2010 expenditure because funds are not needed until the new fiscal year.
Ms. Baynard reminded Council that a decision on June 2, 2009 to set aside $2,500 in FY09 Contingency Funds for the Dorchester County Forestry Board and agreed to amend that decision to allow funding from the County’s FY2010 Contingency Fund because of the timing of that expenditure.
The Council reconsidered and denied the FY10 budget request of Cambridge Main Street for funds in the amount of $5,000 for the Maple Street project. Councilman Travers opposed.
The Council approved the request of Trevor Waldspurger, a Dorchester County resident, to close Egypt Road on Saturday, September 5, 2009 from 1:00 pm until 2:30 pm to hold a bicycle race during a block party fundraiser event entitled “Ridin to the Rhythm” for the Cambridge South Dorchester High School Spanish Club. The Council requested that Mr. Waldspurger contact Sheriff James Phillips and Chuck Weber, Public Works Director, to coordinate the closure of Egypt Road for this event. He thanked the Council.
2009 BYRNE JUSTICE ASSISTANCE GRANT INTERLOCAL AGREEMENT – CITY OF
The Council approved the request of the Cambridge City Police Department to submit a grant application to the United States Department of Justice under the 2009 Byrne Justice Assistance Grant program, through the Dorchester County Sheriff’s Office, in the amount of $14,832, with no local match. The Council acknowledged that it is a requirement of the Byrne Justice Assistance Grant program that the grant application be applied for by the County despite the Sheriff’s Office not being eligible for these funds. The Council further acknowledged that the Cambridge City Police Department is responsible for reporting and grant compliance in partnership with Ed Bozel, Grants Coordinator.
STORM WATER MANAGEMENT FACILITIES AND SEDIMENT CONTROL CONSTRUCTION, INSPECTION AND MAINTENANCE AGREEMENT AND DECLARATION OF EASEMENT APPROVAL REQUESTS – PUBLIC WORKS
The Council approved the request of Mr. Weber to execute the following Storm Water Management Facilities and Sediment Control Construction, Inspection and Maintenance Agreement and Declaration of Easement Approvals: 1) between Dorchester County and the Bay Country Bakery, LLC for construction of a commercial business; 2) between Dorchester County and Layton’s Chance Vineyard for the winery; and 3) between Dorchester County and the Estate of Babbie Boettger for development of two lots on Gregory Road.
REQUEST TO ARMY CORPS OF ENGINEERS FOR PROJECT FUNDING TO COMPLETE ROOSTER
The Council approved the request of Mr. Weber to forward letters to the Senator Benjamin Cardin, Senator Barbara Mikulski and Congressman Frank Kratovil to request continued support in the County’s efforts to obtain Army Corps of Engineers FY10 funding to complete the Rooster Island Restoration project.
REQUEST FOR PROPOSAL – GASOLINE, FUEL OIL & DIESEL FUEL – PUBLIC WORKS
The Council approved the request of Mr. Weber to advertise a request for bids for gasoline, diesel fuel and fuel oil for the fiscal year 2009-2010. The Council acknowledged that the bid request includes supplying #2 fuel oil for the Dorchester County Board of Education under separate contract.
FY 2011 WATERWAY IMPROVEMENT GRANT APPLICATIONS-PUBLIC WORKS
The Council approved the request of Mr. Weber to submit grant applications for funding for FY 2011 from the Department of Natural Resources’ Waterway Improvement Fund for the following projects: 1) $99,000 for Elliott Island Jetty replacement and dredging-marina repair; 2) $460,000 for dredging at the Elliott Island Marina; 3) $99,000 for Countywide maintenance for general repairs at County marine facilities; 4) $20,000 for paving at the Taylor’s Island Dock; and 5) $1,216,600 for the Lodgecliff Canal dredging, jetty extension and Horn’s Point demonstration site for beneficial reuse of dredger material project. The Council also approved a Waterway Improvement Fund grant application for $25,000 for trash removal and portable service contracts for FY 2011.
REQUEST TO SOLE SOURCE PURCHASE CONTRACT MANAGEMENT SYSTEM FOR BUSINESS ATTRACTION AND RETENTION EFFORTS – ECONOMIC DEVELOPMENT
The Council approved the request of Keasha Haythe, Economic Development Director, to purchase Contract Management software including a Retention Module at the cost of $4,500 and an Attraction Module at $3,000, for a total of $7,500, from ExecutivePulse CMS System, as a sole source vendor, with funds from the Economic Development Department’s FY10 Advertising Budget.
FOGLESONGER TEXT AMENDMENT APPLICATION REFERRAL – PLANNING & ZONING
The Council approved the request of Mr. Banks to refer a text amendment application filed by Jeff Foglesonger to amend Chapter 140, Section 140-26, Streets and Roads in the County Subdivision Regulations and Section 155A of County Zoning Ordinance, to the Planning Commission for their investigation and recommendation.
PROGRAM ENHANCEMENT RECOMMENDATION FOR FY2010-LOCAL MANAGEMENT BOARD
The Council approved the request of Nancy Shockley, Local Management Board Director, to redirect $54,817 of funds remaining after recent budget reductions as program enhancement funds for the following FY2010 programs: $3,700 for School Based Wellness to provide incentives and recognition events for academic performance; $2,800 for School Based Wellness Weight Lost Initiative to encourage lifestyle changes for weight management; $2,200 for School Based Behavioral Health to award students and provide family events to increase participation and enhance family involvement in the treatment of children; $ 3,550 to YMCA Trek to fund for one time only equipment purchases for Active Zone; $9,800 to Community Unity After School Program, also known as NDAAIGA, for field trips, staff costs and equipment; $16,212 to Youth Service Bureau to include Phoenix Curriculum and 40 hour conflict resolution training at Salisbury University to entire Youth Services Staff; $10,000 to Quest to include staff salary/fringe and a portion of transportation costs; and $10,055 to New Beginnings Youth and Family Services for staff, materials, supplemental staff and field trips.
FY 09/10 COUNTY COUNCIL QUARTERLY MEETING SCHEDULE –
The Council approved the Second Quarter FY 09/10 County Council meeting schedule as follows: October 6, October 20, November 3, November 17, December 1, December 15 and December 30, 2009. The Council also agreed to schedule the Annual Transportation Meeting with State Highway Administration representatives on November 10, 2009 at 7:00 p.m. with the caveat that the November 10th meeting be specific to that discussion only.
LETTER OF SUPPORT - CLIMATE CHANGE AND PUBLIC HEALTH DEMONSTRATION PROJECT – DORCHESTER COUNTY HEALTH DEPARTMENT
Based on a request from Sandy Wilson, CPP, Health Education Manager of the Dorchester County Health Department, the Council agreed to execute a letter of support for the Health Department’s application to The National Association of County and City Health Officials to become a Climate Change and Public Health demonstration project. The Council acknowledged that the goals of the project are to conduct a comprehensive needs assessment, build a coalition of community partners, and provide training to health department staff and key community stakeholders regarding the long-term consequences of climate change on public health.
TELEPHONE POLL CONFIRMATIONS
Ms. Baynard advised that in the interim between meetings the Council approved the following by means of telephone poll: 1) agreed by a 5 to 0 vote to place a link to the Eastern Puma Research Network website on the County’s website under “Interesting Links”; 2) agreed by a 5 to 0 vote to execute a letter of support for Habitat for Humanity of Talbot and Dorchester Counties for submission of a grant application to the Maryland Agricultural Education and Rural Development Assistance Fund for technical support for the Leadership in Environmental and Energy Design (LEED) certified Construction Manager with the acknowledgement that no cash commitment is being required by the County and that the Council will not be the applicant.
Mr. Payne expressed concern that the owner of property located adjacent to the parcel of land on Green Point Road for which an ongoing review is being undertaken to determine whether the property may be owned by the County, currently is building an addition that may encroach that disputed parcel. The Council requested that staff contact Planning and Zoning to ensure that the owner of that property has proper permits and that the addition does not encroach beyond the property owner’s current boundaries.
In response to a question from Wendell Foxwell, a
At the recommendation of Councilman Rick Price, the Council agreed to the reappointment of Glenn Payne and the appointment of Betty Lowe to the Social Services Board. The Council acknowledged that their terms will expire June 30, 2012. The Council acknowledged that Ms. Lowe will take the place of Sandy Sanders.
Councilman Price advised the Council that an Economic Development Association has been formed in the Town Hurlock which consists of eight to ten individuals who own businesses in the Town. He explained that they will begin having an event the third Saturday of each month starting with a Classic Car Show on Saturday, July 18, 2009 from 4 p.m. to 9 p.m. He said that the goal of the Association is to bring the downtown business community together and to promote their businesses to attract more customers.
He noted that in preparation of the annual Hurlock Christmas parade, there will be a fundraising dance and crab feast held at the Hurlock American Legion on July 25, 2009.
Councilman Travers asked that Peter Franchot, Comptroller of Maryland, be provided the same packet of information that was recently provided to Governor Martin O’Malley regarding the Mid Atlantic Power Pathway Project.
With no further business to discuss, the Council adjourned.
William V. Nichols, Vice President
Effie M. Elzey
Approved the ______day of , 2009.