County Council Meeting Minutes
March 16, 2010
County Council of
Regular Meeting Minutes
March 16, 2010
The County Council of Dorchester County met in regular session on March 16, 2010 with the following members present: Present were Jay L. Newcomb, President; Effie M. Elzey Vice President; William V. Nichols; Ricky Travers; and Rick Price. Also present were Jane Baynard,
The Council adjourned from a Regular Session and convened in a closed Executive Session pursuant to the State Government Article 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)(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.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman Price led the invocation and the pledge of allegiance.
CALL FOR ADDITIONS OR DELETIONS TO AGENDA
There were no additions or deletions to the agenda.
APPROVAL OF MINUTES-MARCH 2, 2010
The Council approved the minutes for March 2, 2010 as presented.
APPROVAL OF DISBURSEMENTS
The Council approved vouchers as presented.
FINANICAL REPORT: CASH AND INVESTMENTS
Councilman Newcomb reported total cash and investments as $27,497,846.50. Councilman Newcomb clarified that $17 million of those funds were bond receipts that have not been transferred.
EXECUTIVE SESSION SUMMARY
The County Council of Dorchester County convened in an Executive Session at 4:30 p.m. on March 16, 2010 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)(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 a request from the Economic Development Director to fill a vacant administrative position with a temporary employee using a temporary employment agency due to an existing employee’s resignation by a 5 to 0 vote; 2) discussed a personnel matter – took no action; 3) deferred a request from the Public Works Director to fill a vacant part time Airport position by a 5 to 0 vote; 4) discussed a request relating to the potential expansion of a local business-requested more information; 5) approved a request by a local government for use of the County’s recovery zone facility bond allocation contingent upon confirmation that local businesses cannot use the funds by a 5 to 0 vote; 6) received information regarding the legal boundaries of a County owned property 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.
COMMENDATIONS-MISS OUTDOORS, LITTLE MISS OUTDOORS, LITTLE MR. OUTDOORS
The Council presented commendations to Alyssa Eckels for being selected Miss Outdoors 2010, Sydney Hughes for being selected Little Miss Outdoors 2010 and Aiden Hayward for being selected Little Mr. Outdoors 2010 at the National Outdoor Show. Ms. Eckels, Ms. Hughes and Mr. Hayward accepted the commendations.
EMERGENCY MEDICAL SERVICES DISCUSSION
Councilman Newcomb advised that the County Council met with Mayor Victoria Jackson-Stanley and the City of Cambridge Commissioners in an executive work session to discuss incorporating Cambridge Emergency Services into the County Emergency Medical Services as a fourth station.
In response to a question from Councilman Travers, Mayor Jackson Stanley advised that the City Council voted unanimously to move forward with requesting a transfer of the Cambridge Emergency Medical Services to the County as a fourth station in the County wide system. She expressed her appreciation to the Council for meeting with her and the Council regarding this possible transfer of the service.
Based on inquiries from Councilmen Travers and Nichols, Mayor Jackson-Stanley explained that there have been past discussions between the City and County Council regarding the assumption of CEMS into the County systems since 2007 and that she and the City Commissions felt that it was now time to revisit that possible partnership in order to provide better service to the citizens of Cambridge.
She acknowledged that the entire City Council was present to show their support for the proposed service transfer into the County’s EMS system.
The Council agreed to move forward with the assumption of emergency medical services currently provided by Cambridge Emergency Medical Services into the County’s EMS system as a fourth station during its FY 2011 budget deliberations. Councilman Price and Councilman Nichols opposed. Councilman Nichols stated for the record that his opposition was based on the fact that there was already a projected $3.5 to $4 million deficit projected for FY 2011 and that he believed the assumption of the service area and its associated costs will increase that deficit and will also significantly impact future County budgets. Councilman Price explained that his opposition was also related to budget concerns.
The Council thanked Mayor Stanley and the City Commissions for working with them on the assumption of CEMS.
Commissioners Donald Sydnor and Ken Knox expressed their appreciation to the County Council for working with the City Council and the Mayor regarding the matter and expressed their belief that all citizens in Dorchester County will benefit from the change.
Councilman Newcomb noted that the official transition would occur on July 1, 2010 based on an approved FY2011 budget.
PUBLIC HEARING-COMMUNITY DEVELOPMENT BLOCK GRANT-ECONOMIC DEVELOPMENT
Keasha Haythe, Economic Development Director, explained that a public hearing is being held on the County’s request for Community Development Block grant funds from the Department of Housing and Community Development in the amount of $40,000 to develop an economic strategic plan for the County. She said that plan will assist County staff in setting definable and achievable goals to retain and attract businesses to Dorchester County which will create new employment opportunities and increase revenues.
There were no public comments received.
The Council confirmed its June 16, 2009 acceptance of the submission of the grant application and its January 19, 2010 acceptance of the grant award.
Dr. Barbara Viniar, Chesapeake College President, explained that Janna Craze, a Chesapeake College student and Charles Kelly, the father of three children who attended the college, were present to discuss their experiences with Chesapeake College.
Ms. Craze advised that she is currently pursuing a general education in science and math before moving into the nursing program at the college. She credited the staff at the college for helping her in her pursuit of a higher education degree.
Mr. Kelly, owner of Craig’s Pharmacy, said that not only did his three children attend Chesapeake College, he was also a member of the college’s Foundation Board. he said that as a result of attending the college his son has his own business, his oldest daughter became involved in the pharmacy filed and his youngest child obtained a criminal justice degree.
He said that he, as an employer, has benefited from the college because a pharmacy technician program was created which has allowed several Mid Shore individuals to obtain their certification and come to work for him.
Dr. Viniar noted that there has been a dramatic increase in enrollment at the College’s Cambridge Center but noted that the relocation of that campus has been put on hold due to economic constraints. She invited the Council to attend the College’s FY 2011 budget presentation on March 25, 2010 at the Cambridge Center. Councilman Travers advised that the County Council has a budget work session scheduled on that date.
In response to a question from Wendell Foxwell, a Dorchester County resident, Dr. Viniar said that Chesapeake College will always remain a two year community college but that there is a Higher Education Center located on the Wye Mills Campus in which representatives from other colleges, including the University of Maryland Eastern Shore and Salisbury University, offer bachelor and masters degree level classes.
Councilman Price questioned if there was any type of curriculum relating to the agricultural field at Chesapeake College. Dr. Viniar expressed her belief that there was a short term agricultural program conducted to assist individuals in preparing to attend College Park and that Shannon Dill, Talbot County’s Extension Director, recently held agricultural classes for women at the college. She said that she will look into whether agricultural classes can be instituted at the college.
Dr. Viniar acknowledged that Bob Boetteger, Cambridge Center Director, and Rich Midcap, Vice President for Student Success and Enrollment were also present and thanked the Council for allowing her, Ms. Craze and Mr. Kelly an opportunity to present to Council their experiences regarding Chesapeake College.
The Council thanked Dr. Viniar, Ms. Craze and Mr. Kelly.
The Council adjourned to legislative session.
The Council introduced Bill No. 2010-9 AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY, MARYLAND PURSUANT TO THE AUTHORITY OF THE ENVIRONMENT ARTICLE, TITLE 4 SUBTITLE 2 OF THE ANNOTATED CODE OF MARYLAND AND PURSUANT TO ARTICLE 25A, SECTION 5(S) OF THE ANNOTATED CODE OF MARYLAND TO REPEAL AND REENACT CHAPTER 134 OF THE DORCHESTER COUNTY CODE ENTITLED “STORMWATER MANAGEMENT” PROVIDING FOR THE PROTECTION, MAINTENANCE AND ENHANCEMENT, PUBLIC SAFETY AND GENERAL WELFARE BY ESTABLISHING MINIMUM REQUIREMENTS TO CONTROL THE ADVERSE IMPACTS ASSOCIATED WITH INCREASED STORMWATER RUNOFF.
Jane Baynard, County Manager, explained that Bill No. 2010-9 will repeal and reenact Chapter 134 of the Dorchester County Council entitled “Stormwater Management” to establish minimum requirements to control adverse impacts associated with increased storm water runoff. She said that legislative action is required to recognize new State regulations.
Councilman Travers expressed his concern that costs will have to be incurred to comply with the new regulations despite possible future amendments currently being considered by the General Assembly. Chuck Weber, Public Works Director said that the implementation of the new regulations will increase review times for site plans and subdivision plants which will increase costs. He acknowledged that possible amendments may be forthcoming but advised that current implementation dates identified in the new regulations of May 4th require prompt action locally.
The Council agreed to proceed with publication of a public hearing on this matter.
The Council introduced Bill No. 2010-10 AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY, MARYLAND GRANTING TO INTERSTATE CORRPACK, and LLC A TEN (10) YEAR COUNTY REAL PROPERTY TAX CREDIT FOR PROPERTY LEASED BY INTERSTATE CORRPACK, LLC LOCATED AT 903 WOODS ROAD, CAMBRIDGE, DORCHESTER COUNTY, MARYLAND
Ms. Baynard advised that Bill No. 2010-10 will grant a ten year County real property tax credit for property leased by Interstate Corrpack, LLC, located at 903 Woods Road in Cambridge, Maryland. She stated that the credit is contingent upon a minimum employee commitment by the employer. She further advised that the tax will expire if the lease is terminated should the Company not elect to purchase the property pursuant to the lease or June 30, 2020, whichever comes first and is not transferable.
The Council agreed to proceed with publication of a public hearing on this matter.
SURPLUS PROPERTY DECLARATION/TRANSFER OF VEHICLE-SHERIFF’S OFFICE,
The Council approved the request of Sheriff James Phillips to transfer a 2005 Ford Crown Victoria, VIN # 2FAFP71W35X120908, from the Sheriff’s Office to the Detention Center to be used as an inmate transport vehicle. The Council also approved the request of Warden Don Satterfield to declare a 1992 Chevrolet Caprice, VIN # 1G1BL53E6NR139730, as surplus and noted that this vehicle was previously being used as an inmate transport vehicle.
REQUEST TO ADVERTISE FOR PROPOSALS-FOOD SERVICE/
Ms. Baynard advised that at a recent budget work session the Council asked that requests for proposals for food service and medical service at the Dorchester County Detention Center be prepared for advertisement.
Warden Satterfield noted that the food service contract expires June 30, 2010 but that the current medical services contract is effective until 2011. He presented to the Council a letter from Aramark Correctional Services, the current food service provider, regarding the renewal of the County’s contract with that entity and a letter from the current medical service provider, Conmed Healthcare Management, Inc. to continue the existing contract with a reduction of the annual escalation clause. In response to a question from Councilwoman Elzey, Warden Satterfield said he is recommending that the Council renew its food service contract with the current provider and noted that their proposal includes a reduction of food costs of $5,300.
The Council agreed to not competitively bid food or medical services for the Dorchester County Detention Center based on Warden Don Satterfield’s recommendation. Council approved the renewal of the existing food service contract with Aramark Correctional Services for a three year period at stated per meal rates for FY2011 and a 3% increase in meal costs for each year for the next two years. The Council accepted an offer by Conmed Healthcare Management to reduce its annual increase for medical costs to 2.5%, rather than the 5% included in the original agreement, for the service year from July 1, 2010 through June 30, 2011. Council recognized that the original 5% incremental increase will apply to any remaining years on that service contract unless negotiated to a different rate prior to that subsequent year. Councilman Nichols opposed.
MARYLAND CORRECTIONAL ADMINISTRATORS ANNUAL TRAINING CONFERENCE REQUEST-DETENTION CENTER
The Council approved the request of Warden Don Satterfield for Captain Steve M. Mills, Captain Steve H. Murphy, Captain Paul L. Kane, Lieutenant Michael S. Cheesman and Lieutenant Michael J. Miles and himself to attend the Maryland Correctional Administrators Annual Conference to be held on June 6 through June 8, 2010 in Ocean City, Maryland. The Council acknowledged that the only costs to be paid from the Detention Center’s current budget is the registration fee for each individual ($125) and lodging costs for two nights. Councilmen Travers and Newcomb opposed.
REQUEST FOR ADDENDUM FOR CONSTRUCTION RELATED SERVICES-CELL 5-LANDFILL
The Council approved the request of Mr. Weber to execute an addendum to the contract between Dorchester County and Geosyntec Consultants for construction related services for Cell 5 of the Beulah Landfill in the amount of $43,232 for quality control during the placement and compaction of a clay liner ($27,974) and laboratory testing for both soils and geosynthetics ($15,258). The Council acknowledged that the addendum to the contract is due to a decision made by the Maryland Department of the Environment to add the clay liner to the design which requires the County staff to take necessary steps to ensure the liner is constructed to the dimension and compaction required. The Council further acknowledged that funding will be coming from the Landfill Enterprise fund.
OFFICE SPACE REQUEST-SOIL CONSERVATION
The Council deferred the request of Jim Newcomb, Soil Conservation Director, to lease additional office space consisting of two rooms, 276.3 square feet and 284.3 square feet respectively, on the second floor of the County Office building for further clarification as to whether the existing lease for space utilized by Soil Conservation, the Farm Service Agency and Natural Resources Conservation Service, includes any gratis space.
REQUEST TO HOLD 8TH ANNUAL RACE/WALK-EASTERN SHORE HOSPITAL CENTER
The Council approved a written request from Kathryn G. Odds, Director, Volunteer Services, Eastern Shore Hospital Center Auxiliary, to hold their 8th Annual Chesapeake Bay Wellness Race and Family Walk, formerly the H.O.P.E. Run/Walk, on Saturday, May 1, 2010 in order to launch May as National Mental Health Month. The Council requested that Ms. Odds be advised that they should provide insurance coverage for the event. The Council acknowledged that the Eastern Shore Hospital Center Auxiliary staff is working with the Sheriff’s Office, the City of Cambridge Commissioners, and the Dorchester County Emergency Management Department regarding the event.
AMENDMENT TO RULES AND REGULATIONS-INCLEMENT WEATHER
Council reviewed comments received from staff regarding a recent posting to Amend
Section V.I., Inclement Weather/Emergency Situations, of the County’s Rules and Regulations. Based on a motion from Councilman Price to reject all amendments to this section, the motion died due to lack of a second. The Council approved amending Section V.I. as posted to state that essential personnel will receive no additional pay and will qualify for overtime when they reach the overtime benchmark and that non essential employees will have to use either leave or choose to not be paid for the day or days County offices are closed. Councilmen Travers and Price opposed.
BOARD APPOINTMENTS: SANITARY COMMISSION, SOCIAL SERVICES BOARD
The Council deferred consideration of an appointment to the Sanitary District resulting from the recent resignation of Stephan Trolley. The Council agreed to readdress the appointment at a future meeting in order to allow Councilman Newcomb the opportunity to identify an individual willing to assume that responsibility.
The Council also deferred the request of William McDonnell, Social Services Director, to appoint an individual to replace Barbara Murphy, who resigned from the Board and to consider appointment of a Council member to that Board to replace Councilman Nichols. Ms. Baynard stated that, although this Board is not based on district appointments, Mr. McDonnell has historically tried to ensure County wide representation. She noted that, based on Councilman Nichols choosing to step off the Board, there will be no representation from District 2. Council recognized that consideration could be given to a District 2 appointment in the future.
STATE ALCOHOLIC BEVERAGES ARTICLE REVIEW COMMITTEE RECOMMENDATIONS
The Council deferred a request from James A. Kenney, III, Chair, on behalf of the Maryland General Assembly Alcoholic Beverages Article Review Committee, to change the term “compensation” to “salary” in Section 15-109(k) of Article 2B, as it relates to the Board of License Commissioners. The Council requested that a legal opinion be obtained on whether there will be any fiscal impact if the Council agrees to change the word compensation to “salary”, including whether the Council will be obligated to provide additional funds now or in the future. Ms. Baynard explained the amendment is being requested in order to ensure conformity in terminology within the statute.
RENEWAL OF LEASE-STATE EMPLOYEE CREDIT UNION
The Council approved the written request of Dana Ridgeway, ATM Network Specialist, to renew the existing lease between Dorchester County and the State Employees Credit Union of Maryland to place an ATM at the Dorchester County Health Department for three years beginning on March 30, 2010 and ending on March 29, 2011 at an annual fee of $3,000, payable in equal installments of $250. Councilman Travers opposed.
EXECUTION OF RESOLUTION-FLOOD MITIGATION PLAN
The Council accepted a resolution to formally adopt a flood mitigation plan for Dorchester County. The Council members acknowledged that they agreed to adopt the plan at its February 2, 2010 meeting.
AERIAL ORTHO PHOTOGRAPHY PROJECT ADDENDUM-911 CENTER
The Council approved the request of Vernon Hurley, 911 Center Director, to execute an addendum to the current contract with Axis GeoSpatial for the Aerial Ortho Photography Project which will provide updated data and aerial imagery to nine Counties on the Eastern Shore. The Council acknowledged that this information will be utilized by the 911 Center and will also be used to update the County’s GIS maintained by the Planning and Zoning Department. The Council further acknowledged that the total project cost for all nine Counties is $669,000, to be paid entirely by the Emergency Number Systems Board, with no local cost to Dorchester County.
TELEPHONE POLL CONFIRMATIONS
Ms. Baynard advised that the Council took the following actions by means of telephone poll: 1) agreed to send correspondence to State legislators expressing opposition of the new District Court temporary commitment ruling pertaining to intoxicated individuals which establishes that the arresting officer will be responsible for watching the arrested individual until the Court Commissioner determines the subject can understand the initial appearance process by a 4 to 1 vote (1 no response).; 2) approved Economic Development Director’s request to attend the Economic Development Association (EDA) Regional Conference in Philadelphia on March 22-24 at a cost of $900, from the Economic Development Department’s Lodging and Meals expense account by a vote of 4 to 1 (1 no answer); 3) agreed to solicit pricing for a landfill leachate hauling tanker provided that any rent will be applied towards the purchase price and that prices are sought for used equipment by a 5 to 0 vote; 4) confirmed its support of Senate Bill 357 entitled “Natural Resources-Land Acquisition-Notification and Approval” to require the State to provide information about proposed land purchases of over 100 acres in Dorchester County for open space purposes prior to acquisition and prohibiting the State from acquiring the land unless the County Council approves the purchase by a 5 to 0 vote; 5) denied request to provide additional office space in the
Bruce Coulson, a Dorchester County resident, reminded Council of his invitation to them to attend the Shore Erosion Control meeting to be held on Saturday, March 20, 2010 at 10 a.m. in Church Creek, during which a guest speaker will provide information regarding a new type of septic system called the no mound system. He said that the speaker will also provide information on a new technology relating to nitrogen reducing systems that do not require the replacement of a septic tank.
He advised that he and Joe Coyne attended a meeting last week that the Army Corps of Engineers were meeting to discuss the design phase of the Barren and James Island restoration projects and the proposed in-kind services to be provided by the State.
Mr. Foxwell noted that there was an article in the local newspaper that Governor Martin O’Malley announced that funding has been appropriated for the Harriett Tubman project, James Island and Popular Island.
Councilman Price requested information regarding the scheduling for updates to accountability systems at the local volunteer fire companies and in particular, when the Hurlock Volunteer Fire Department system will be updated.
Councilman Price asked Mr. Weber to have staff view a culvert on Willey Road and Hunting Creek Road that may have been damaged due to the recent snow storm events.
Councilman Newcomb advised Council that staff is contacting Henry Gonzalez, Hooper Island Lighthouse Manager, Thomas Point Shoal Lighthouse Manager and Vice President of U.S. Lighthouse Society, to schedule him to come before Council regarding his request for a letter of support pertaining to the Hoopers Island Lighthouse.
With no further business to discuss, the Council adjourned.
Effie M. Elzey, Vice President
William V. Nichols