Meeting Minutes

Meeting Minutes
posted: 08/31/09

County Council Meeting Minutes


August 11, 2009

County Council of Dorchester County

Regular Meeting Minutes

August 11, 2009

 

The County Council of Dorchester County met in regular session on August 11, 2009 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, County Attorney; Jane Baynard, County Manager and Donna Lane, Executive Administrative Specialist.

 

REGULAR SESSION

 

EXECUTIVE SESSION

The Council adjourned from a Regular Session and convened in a closed Executive Session pursuant to 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)(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 Travers led the invocation and the pledge of allegiance.

 

CALL FOR ADDITIONS OR DELETIONS TO AGENDA

 

There were no additions or deletions to the agenda.

ANNOUNCEMENT

Councilman Newcomb announced that two responses were received as a result of the advertisement of a District 4 vacancy on the Dorchester County Board of Education due to the resignation of Michelle Jackson.  He stated that Parker Durham and Glen Payne submitted expressions of interest and that interviews will be held during the Council’s August 25, 2009 regular session meeting.

APPROVAL OF MINUTES-JULY 28, 2009

 

The Council approved the minutes for July 28, 2009 as amended.


 

APPROVAL OF DISBURSEMENTS

 

The Council approved vouchers as presented.

 

FINANICAL REPORT: CASH AND INVESTMENTS

 

Councilman Newcomb reported total cash and investments as $4,043,401.05.

 

EXECUTIVE SESSION SUMMARY

 

The County Council of Dorchester County convened in an Executive Session at 4:30  p.m. on August 11, 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)(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) approved the request of the Economic Development Director to hire an individual to fill a vacant Administrative Associate position by a 3 to 2 vote; 2) approved the request of the Warden to hire an individual to fill a vacant Maintenance Position at the Detention Center by a 3 to 0 vote; 3) approved an amended job description for an Assistant Tourism Director, at the request of the Tourism Director, by a 3 to 0 vote; 4) approved the request of the Maintenance Director to hire an individual to fill a vacant Maintenance Position by a 4 to 1 vote; 5) discussed a request from a local business for a real property tax credit and referred to staff and legal counsel to develop a proposal and proposed legislation; 6) received an update regarding the condition of a County owned building currently being leased-took no action; 7) discussed resident’s concerns regarding a property-took no action; 8) discussed a matter relating to incurring legal fees and agreed to discuss in open session; 9) discussed matters concerning aviation insurance and took no action.

 

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

 

SUMMER ENRICHMENT PROGRAM AWARD PRESENTATION-PINE STREET COMMITTEE               

 

Ametria Green and KeShyra McNamara, on behalf of the children and families of the Pine Street Committee, presented the Council with a Certificate of Appreciation in recognition of its continued support of the summer enrichment program at the Pine Street Empowerment Center.  Jimmy Cornish, President of the Pine Street Committee, thanked the Council for its support of Dorchester County’s youth and families.

 

REQUEST TO HOLD MARATHON “CRAB RUN”-YMCA                                                              

The Council approved the request of Tracy Maccherola and Georgie Gambrill of the Dorchester County YMCA to host a ½ Marathon “Crab Run” on Saturday, April 10, 2010 with the start and finish of the race being at the YMCA.  The Council acknowledged that they have contacted and received approval from the Cambridge Police Department, the Maryland State Police and the Dorchester County Sheriff’s Office to hold the event. 

 

OFFICE SPACE NEEDS UPDATE – SOIL CONSERVATION           

 

Jim Newcomb, Soil Conservation Director, advised the Council that within the next four weeks the Natural Resource Conservation Service (NRCS) which shares office space on the second floor of the Dorchester County Office Building with Soil Conservation and the Farm Service Agency, will advertise for expressions of interest to lease office space pursuant to federal guidelines that require a formal bid process whenever a lease expires.  He explained that pursuant to those guidelines the minimum office space being sought is 5,590 square feet of usable space.  Mr. Newcomb noted that the three offices currently occupy 2700 square feet and that representatives of each agency have expressed a desire to remain at the County Office Building.  He asked the Council to consider responding to the request for expressions of interest and include in its proposal use of the lobby and meeting room as common areas and the two offices on the second floor of the County Office Building, which total 565 square feet, that were recently used by the State Department of Assessments and Taxation, in order to meet the minimum space requirement.   He acknowledged that members of the Soil Conservation Board

were present. 

 

Joseph Layton, a Dorchester County resident, expressed his support for the continuation of the leasing of space to Soil Conservation, the Farm Service Agency and NRCS.  He said that, in his opinion, having all three of those agencies in one location will be beneficial for Dorchester County farmers.

 

Wes Messick, a Dorchester County resident, expressed his opinion that during tight budget constraints it is important that all three agencies stay together.

 

The Council agreed to submit an expression of interest to the General Services Agency (GSA) to lease office space in the hopes of continuing to house the Farm Service Agency, Natural Resources Conservation Service employees and the Soil Conservation District employees.  The Council recognized that such a proposal, in order to meet minimum square footage requirements, will need to include the common areas of the building including the lobby and the Council’s meeting room.  The Council further agreed to include in that expression of interest leasing two additional rooms located on the second floor of the County Office Building, Room 201 and the adjacent room, which total 562 square feet as a part of its overall proposal.  The Council acknowledged that requests for expressions of interest is expected to be advertised in the next few weeks.  The Council further acknowledged that the additional 562 square feet of space will only be allocated if the County is successful in its proposal to lease the space to the farm services agencies.

 

LETTER-POULTRY REGULATIONS

 

Based on a request from Councilwoman Elzey, the Council agreed to send a letter to local federal legislators expressing the Council’s concern regarding the Environment Protection Agency’s recent implementation of the regulation that there must be zero nutrient discharge at Concentrated Animal Feeding Operations.

 

LEGISLATIVE SESSION

 

The Council adjourned to legislative session.

 

PUBLIC HEARING  

                                                                                               

BILL NO. 2009-8 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.

 

Jane Baynard, County Manager, explained that a public hearing was being held on a proposed bill to amend Chapter 155, entitled “Zoning Ordinance” to add small wind energy systems as an accessory use in all zoning districts.

 

Rodney Banks, Assistant Planning and Zoning Director, stated that he was re-submitting the staff report he provided to the Council at its March 17, 2009 meeting.  He explained that at that meeting the Council referred the proposed legislation back to the Planning Commission for review and reconsideration in order to address the Council’s concerns that the minimum square feet required for a small wind energy system and any associated setbacks may be too restrictive, and that the definition of “non-participating building” in Section KK (F) is not appropriately defined.  He advised that after reconsideration the Planning Commission agreed to eliminate the minimum one-half acre lot size and the tower high plus fifty setback from adjacent non-participating structures on neighboring land.   Ms. Baynard noted that E. Thomas Merryweather, County Attorney, approved the amendments at the last public hearing held on the legislation.

 

Andrew Gohn, Maryland Energy Administration, expressed his support of the proposed legislation.  He noted that the State is required to achieve 20% of its energy from renewable sources by 2022 and that small wind energy was a good source of renewable energy.

 

Ed James, a Dorchester County resident, stated that he has a small wind energy system which works well, does not interfere with the ospreys that have nests on his property and sounds like a small window air conditioning unit when an individual is within twenty feet of the unit.

 

Mr. Foxwell said he saw in a recent newspaper publication a written complaint from a lady who lived on Tilghman Island about the noise a small wind energy system in that area generates.  Tim Fluharty, owner of Fluharty Electric, stated that he and his staff installed that system and that neither he, nor his staff or the lady’s husband can hear the noise. 

 

In response to questions from Mr. Foxwell, Mr. Fluharty explained that some small wind energy systems use gears and some use ball bearings and that he and/or his staff keep the first 12 steps of each wind system in their company vehicles to ensure the general public cannot climb those systems.

 

 The roll call on the enactment of Bill No. 2009-8 was as follows:  Elzey-aye; Price-aye; Nichols-aye; Travers-aye; Newcomb-aye

 

INTRODUCTION                                                                                                     

 

The Council introduced Bill No. 2009-9 AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY, MARYLAND PURSUANT TO ARTICLE 25A, SECTION 5(S) AND ARTICLE 25A, SECTION 5(T) OF THE ANNOTATED CODE OF MARYLAND REPEALING AND REENACTING SECTION 82-12(B) OF CHAPTER 82 ENTITLED ELECTRICAL STANDARDS OF THE DORCHESTER COUNTY CODE, PROVIDING THAT AN ELECTRICIAN GENERAL IS ANY PERSON ENGAGED ONLY IN HOUSE WIRING LIMITED TO A DWELLING CONTAINING NO MORE THAN FOUR FAMILY UNITS, AND COMMERCIAL WIRING LIMITED TO CIRCUITS OF NOT MORE THAN SIXTY (60) AMPERES, THREE PHASE IN AN EXISTING COMMERCIAL STRUCTURE.

 

Ms. Baynard noted that the proposed bill repeals and reenacts Section 82-12(B) of Chapter 82 entitled “Electrical Standards” of the Dorchester County Code to provide that an electrician general is a person engaged only in house wiring limited to a dwelling containing no more than four family units and commercial wiring is limited to circuits of not more than sixty (6) amperes, three phase, in an existing commercial structure.

 

The Council agreed to proceed with publication of a public hearing on this matter.

 

INTRODUCTION

 

The Council introduced Bill No. 2009-10 AN ACT TO AUTHORIZE AND EMPOWER DORCHESTER COUNTY, MARYLAND, TO BORROW UP TO $14,127,298 ON ITS FULL FAITH AND CREDIT, AND ISSUE AND SELL ITS BONDS OR OTHER OBLIGATIONS IN ONE OR MORE SERIES FROM TIME TO TIME THEREFOR, TO BE USED TO FINANCE, REIMBURSE OR REFINANCE COSTS OF A CERTAIN SCHOOL PROJECT PROVIDED FOR IN THE FISCAL YEAR 2008 CAPITAL BUDGET AND COSTS OF ISSUANCE OF SUCH BONDS OR OTHER OBLIGATIONS; AUTHORIZING THE COUNTY COUNCIL TO ADOPT ONE OR MORE ADMINISTRATIVE RESOLUTIONS PRIOR TO ISSUING ANY SUCH BONDS OR OTHER OBLIGATIONS IN ORDER TO FIX, PRESCRIBE, DETERMINE OR PROVIDE FOR THE DETAILS OF SUCH BONDS OR OTHER OBLIGATIONS AND THE ISSUANCE AND SALE THEREOF; EXEMPTING SUCH BONDS OR OTHER OBLIGATIONS FROM THE PROVISIONS OF SECTIONS 10 AND 11 OF ARTICLE 31 OF THE ANNOTATED CODE OF MARYLAND; PROVIDING FOR THE LEVY OF TAXES UPON THE ASSESSABLE PROPERTY WITHIN THE COUNTY SUFFICIENT TO PAY THE DEBT SERVICE ON SUCH BONDS OR OTHER OBLIGATIONS; AUTHORIZING THE ISSUANCE AND SALE FROM TIME TO TIME OF ONE OR MORE SERIES OF GENERAL OBLIGATION BOND ANTICIPATION NOTES IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $14,127,298 IN ORDER TO FINANCE, REFINANCE OR REIMBURSE PROJECT COSTS ON AN INTERIM BASIS; AND GENERALLY PROVIDING FOR AND DETERMINING VARIOUS MATTERS IN CONNECTION WITH THE GENERAL OBLIGATION BONDS, OTHER OBLIGATIONS AND BOND ANTICIPATION NOTES AUTHORIZED HEREBY.

 

Ms. Baynard stated that a public hearing was being held on Bill No. 2009-10 to authorize and empower Dorchester County, Maryland, to borrow up to $14,127,298 on its full faith and credit, and issue and sell its bonds or other obligations in one or more series from time to time therefore, to be used to finance, reimburse or refinance costs of certain school projects provided for in the fiscal year 2008 capital budgets and costs of issuance of such bonds or other obligations.   She said that the $14,127,298 will fund costs for the construction of the Dorchester Career and Technology Center.

 

Councilman Price expressed concern about spending and borrowing money during the recent economic downturn and based on anticipated cuts in State funding.

 

The Council agreed to proceed with publication of a public hearing on this matter. Councilman Price and Councilman Nichols opposed.

 

ROADS BOARD       

 

The Council adjourned to Roads Board.

                                                                       

BID AWARD-GASOLINE, DIESEL FUEL, HEATING OIL-PUBLIC WORKS

 

The Council approved the request of Chuck Weber, Public Works Director, to award the bid for gasoline, diesel fuel and heating oil to CATO Gas & Oil at the following prices: .0489 by transport and .1389 by tank wagon for #2 fuel oil, .0489 for transport of diesel fuel and .0410 for transport of unleaded gasoline.  The Council acknowledged that there was an error in the bid form for the Airport fuel and agreed to remove the Diesel Fuel from the bid for the Airport.    The Council further agreed that the Airport can continue to negotiate with local suppliers for refueling of trucks and a tractor for grass cutting.

 

PERMIT FEE WAIVER REQUEST-SANITARY DISTRICT ROAD OPENING-PUBLIC WORKS    

 

The Council denied the request of the Sanitary District for a waiver of the road opening permit fee for excavation on County roads relating to the Madison Woolford sewer project, contingent upon the funds being grant eligible.  The Council acknowledged that the fee has been calculated to be $35,866.40 and that the design engineer for the project advised that this fee is an MDE grant eligible administrative expense.  The Council agreed to reconsider the request if the fee is not grant eligible.

 

OTHER

 

Bruce Coulson, a Dorchester County resident commended the County’s Highway Division staff on their placement of tar and chip on Bay Shore Road. 

 

In response to a question from Wendell Foxwell regarding the growth of weeds and grass on a property located on the corner of Riggins Drive, Councilman Newcomb noted that the health department is the agency Mr. Foxwell should contact.  Councilman Travers explained that the health department will take action if it is determined to be a health hazard.

 

MANAGERS COMMENTS

 

AMENDMENT TO RULES AND REGULATIONS-INCLEMENT WEATHER/EMERGENCY SITUATIONS-HUMAN RESOURCES

 

The Council agreed to not make any additional changes to the Rules and Regulations regarding inclement weather/emergency situations except for those Council approved at its July 14, 2009 meeting.  Councilman Nichols and Councilwoman Elzey opposed.  The Council acknowledged that the changes approved on July 14, 2009 included amending sections of the Rules and Regulations to change titles of certain positions in the Detention Center and Highway Division that are considered essential and are exempt from overtime during announced closing’s and amending the list of those local and regional media outlets that are notified when County offices are closed, opening late, closing early or under liberal leave.

 

ELLIOTT ISLAND EROSION CONTROL PROJECT AGREEMENT-PUBLIC WORKS

 

The Council approved the request of Mr. Weber to enter into an agreement between the Department of Natural Resources and the County for a no interest fifteen year Shore Erosion Control Construction Loan in the amount of $175,000 contingent upon the receipt of all funding for the project including stimulus funding.  The Council acknowledged that the agreement will be submitted to the State Board of Public Works for approval and allocation of funding.

 

ROOSTER ISLAND RESTORATION CONCEPTUAL DESIGN-PUBLIC WORKS

 

The Council approved the request of Mr. Weber to direct the Army Corps of Engineers to proceed with the conceptual design work for the restoration of Rooster Island.  The Council acknowledged that the existing Project Cooperation Agreement between the County and the Army Corps of Engineers provides for a 25% County cost sharing with the future anticipated County share being $9,750.  The Council further acknowledged that Mr. Weber intends to apply for a no interest loan with the Department of Natural Resources to cover the County share.

 

CHANGE ORDER-TAXIWAY RELOCATION-GEORGE & LYNCH-PUBLIC WORKS

 

Based on a request from Mr. Weber, the Council approved the Change Order request from George and Lynch for the taxiway relocation project at the Cambridge-Dorchester Airport to purchase off site borrow material at the cost of $15.30 per cubic yard for a total cost of $32,250 because the soil material excavated on site for the project is unsuitable for use as embankment within the pavement subgrade.  The Council acknowledged that the change order will increase the total contract amount from $3,240,202.21 to $3,278,452.21 and that the increased costs are fully eligible under the existing State and Federal grants at a 97.5% reimbursement rate.  The Council further acknowledged that the .25% local share will be covered by the FY 2008 Capital Budget line item for this project.

 

NATIONAL SCENIC BYWAY CONFERENCE TRAVEL REQUEST-TOURISM

 

The Council approved the request of Amanda Fenstermaker, Tourism Director to travel with Tonda Williams to Denver, Colorado for the National Scenic Byway Conference on August 23 through August 26, 2009.  The Council acknowledged that the cost of the trip for Ms. Fenstermaker and Ms. Williams will be $1,500 and that $750 will be reimbursed through the Harriet Tubman Underground Railroad Byway Implementation II grant through Federal Highway and $750 from the Heart of Chesapeake Country Heritage Area Operating Grant.

 

BOND ALLOCATION-MARYLAND DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

 

The Council approved the written request of Tonna Phelps, Director of Single Family Housing, Maryland Department of Housing and Community Development (DHCD),  to transfer Dorchester County’s tax-exempt housing bond allocation of $1,005,872 as set forth in the 2009 allocation of the Maryland State Ceiling made by the Secretary of Business and Economic Development to DHCD’s Community Development Association.

 

FY10 WORK PLAN/BUDGET-NEIGHBORHOOD REVITALIZATION-DELMARVA COMMUNITY SERVICES 

 

Based on the written request of Santo Grande, President of Delmarva Community Services, the Council acknowledged its review of the updated Community Service Block Grant funding work plan submitted to the Division of Neighborhood Revitalization for fiscal 2010 and agreed to execute the Chief Elected Official Certification form in order for Delmarva Community Services to remain in compliance with federal guidelines governing Community Action Plans.


RESOLUTION-FISCAL POLICIES AND PROCEDURES-FRAUD, WASTE & ABUSE

 

The Council adopted a Fraud, Waste and Abuse Fiscal Policy and Procedure which will establish and communicate County policy regarding the deterrence and investigation of suspected misconduct and dishonesty by employees, elected officials, appointees, volunteers and vendors and to provide specific instructions regarding appropriate action in case of suspected violations.  The Council also approved as part of the policy a Code of Conduct to be signed by all County employees and the establishment of a Fraud, Waste and Abuse hotline which will be accessible by phone, by fax or through the County’s website.

 

POLICY FOR FUNDING TO VOLUNTEER FIRE DEPARTMENTS

 

Based on a proposal submitted by Robert Willey, Assistant Finance Director, the Council agreed to adopt a policy for providing funding from the Senator William H. Amoss Fire, Rescue and Ambulance (“508 funds”) to the volunteer fire companies (“companies) in Dorchester County.  The Council acknowledged that the policy includes the following provisions. 1) State 508 funds will be distributed to all compliant Volunteer Fire Companies on a quarterly basis; 2) verification that the companies are up-to-date with required filings of fire incident reports will be obtained from staff at the State Fire Marshall’s Office; 3) verification that the companies are up-to-date with required reporting  of ambulance calls will be obtained from Jason Shorter, Emergency Medical Services Director; 4) verifications will be obtained at the end of each calendar quarter in order to determine each company’s status; 5) distributions will not be made to those companies who are non-compliant with 508 fund regulations until reports are current and verified; and 6) any deferred payments will be paid in the first quarter that a company becomes compliant.  The Council requested that the new policy be distributed to all volunteer fire companies in Dorchester County.  The Council also requested that Mr. Willey and Michael Spears, Finance Director, prepare and provide to Council a proposal to revise requirements for volunteer fire companies to obtain County appropriation funding by including that the companies must be complaint pursuant the requirements of Senator William H. Amoss Fire, Rescue and Ambulance funding (“508 funds”) before receiving County funding for review and consideration at its August 25, 2009 meeting.

 

BOARD APPOINTMENT-ADULT PUBLIC GUARDIANSHIP REVIEW BOARD

 

Based on a written request from William McDonnell, Social Services Director, the Council agreed to reappoint Chico Simmons and Alynda Randolph to the Adult Public Guardianship Review Board.  The Council acknowledged that their terms will expire on August 30, 2012.  The Council also acknowledged that Shirley Moore will continue as the Adult Public Guardianship Review Board member representing the lay community and that Verna Asplen will be the representative from the Social Service Board.

 

DISCUSSION-DORCHESTER CAREER AND TECHNOLOGY CENTER FUNDING

 

Ms. Baynard advised that the Council, at its August 4, 2009 budget work session, discussed ongoing concerns on managing the Dorchester Career and Technology Center project and funding.  She stated that it is Council’s understanding that $703,000 for planning and design and $1,244,833 in construction savings as a result of a lower than budgeted bid, have been identified as unobligated funds.  She advised that the Council also recognized that there are contractor contingency funds ($806,085) and owner contingency funds ($729,453) set aside in the project budget.  Ms. Baynard explained that the Council discussed appointing Mr. Weber to serve in an oversight capacity for the County and to require that certain expenditures be approved by Mr. Weber, herself or the County Council.  She advised that the Council deferred any action until this meeting.

 

Frederic Hildenbrand, Superintendent of Schools, expressed concern about the appointment of Mr. Weber in an oversight capacity for the County for the project and that certain expenditures will have to be approved by County staff or the Council.  He questioned whether the Council had the legal authority to implement these procedures.   He noted that the Board of Education staff have worked on several school construction projects and that those projects were delivered on time and on budget.    

 

Councilman Newcomb stressed that the Council is not concerned about the Board of Education’s past performance regarding school projects but is concerned about keeping costs to a minimum due to current budget constraints. 

 

Councilman Nichols stated that he endorses having County oversight of the project due to the current economic situation.  He said that he is concerned about issuing more debt than necessary.

 

Councilman Newcomb explained that although the Council has identified that $3 million in excise tax funds will be used towards the construction of the Dorchester Career and Technology Center, those funds are based on future projected revenues.  Mr. Spears stated that there is currently $800,000 in the County’s Excise Tax Fund.

 

Gary McCabe, Assistant Superintendent for Administration, stated that he believes that the decision to use some or all of the Contractor’s Contingency funds may lie solely with Whiting Turner, the construction manager, pursuant to the contract between Whiting Turner and the Board of Education.  He expressed his opinion that the Board of Education staff have worked well on past construction projects and noted that those projects have been completed on time and on budget. 

 

The Council agreed that in order to decrease the amount of debt issuance needed for the project and to limit the use of excise tax funding, that the contractor contingency funds ($806,085) and owner contingency funds ($729,453) cannot be expended without specific County approval and that unobligated design funds ($703,000 for planning and design) and savings realized in the contract ($1,244,833) will remain unexpended. 

 

The Council also appointed Chuck Weber, Public Works Director, to serve in an oversight capacity for the Council and agreed that all expenditures from either the owner’s contingency or the contractor’s contingency up to $1,000 will be approved by Mr. Weber.  The Council further agreed that all expenditures up to $25,000 from either contingency fund will be within approval limits assigned to the County Manager in conjunction with Mr. Weber and that all expenditures of this type over $25,000 must be approved by the County Council.   The Council instructed that once the project has been completed any unused portion of the contractor’s contingency funds and owner’s contingency remaining should be returned to the Council to pay bonded indebtedness.  The Council requested that the Board of Education staff provide an updated project budget and bid tabulation for Council’s review. Councilman Travers and Councilman Newcomb opposed.

 

TELEPHONE POLL CONFIRMATIONS

 

Ms. Baynard advised that in the interim between meetings the Council made the following actions: 1)          considered a request from the Dorchester County Historical Society for the donation of  two County flags for exhibition and historical purposes and agreed by a 3-2 vote to donate one flag instead of two; 2) denied a request from the Caroline North Little League to support their Senior League’s participation in the Regional Championship game by a 4 to 1 vote in part due to serious budget issues facing the County; 3) agreed to send a letter to the Wicomico County Council regarding Council’s concerns relating to the impact of Mid Atlantic Power Pathway Project (MAPP) by a 5 to 0 vote; 4) agreed to send a letter to municipalities advising them of Council’s meeting with local legislators on November 10th regarding potential legislation for the 2010 Maryland General Assembly Legislative Session by a 5 to 0 vote; and 5) agreed that there is no objection to Charles MacLeod, Special Legal Counsel, and Funk and Bolton representing the Town of Vienna for that Town’s motion to intervene before the Public Service Commission in addition to the separate representation of the County by a 5 to 0 vote.

 

PUBLIC COMMENTS

 

In response to a question from Mr. Foxwell, Councilman Newcomb noted that local crab processing plant owners are making applications for temporary seasonal workers to pick crabs pursuant to the recent reopening of the H-2B worker visa program due to the receipt of fewer petitions from employers than expected.

 

COUNCIL’S COMMENTS/ADJOURNMENT

 

Councilwoman Elzey asked staff to contact Elizabeth Beckley, Preservation Maryland, to schedule her for an upcoming meeting regarding a proposal for a County historical preservation ordinance.

 

At the request of Councilman Price, the Council agreed to send letters to the Dorchester County 4H and the Caroline County 4H commending the individuals that were  involved in the organization of the 2009 Caroline-Dorchester County Fair which was held from August 5, 2009 to August 9, 2009.

 

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