County Council Meeting Minutes
May 25, 2010
County Council of
Regular Meeting Minutes
May 25, 2010
The County Council of Dorchester County met in regular session on May 25, 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 E. Thomas Merryweather,
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)(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
The Council held a moment silence on the passing of Councilman Price’s mother.
Councilman Nichols led the invocation and the pledge of allegiance.
CALL FOR ADDITIONS OR DELETIONS TO AGENDA
The Council approved the removal of the approval of boat leases from the agenda. The Council acknowledged that Jane Baynard, County Manager, is authorized to sign those leases and that the Council approves boat lease renewals.
APPROVAL OF MINUTES- MAY 11, 2010 AND MAY 18, 2010
The Council approved the minutes of May 11, 2010. The Council also approved
the minutes of May 18, 2010.
APPROVAL OF DISBURSEMENTS
The Council approved vouchers as presented.
FINANICAL REPORT: CASH AND INVESTMENTS
Councilman Newcomb reported total cash and investments as $3,231,201.78.
EXECUTIVE SESSION SUMMARY
The County Council of Dorchester County convened in an Executive Session at 4:30 p.m. on May 25, 2010 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) Discussed personnel concerns with Warden – requested additional information; 2) Received an update from staff on the Dorchester County Technology Park.
Councilman Newcomb noted that the Council will reconvene in Executive Session after the Regular Session meeting to discuss three personnel items and one legal item.
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.
BOARD OF HEALTH
Roger Harrell, Health Officer, Dorchester County Health Department, noted that the Council was meeting as the Board of Health pursuant to the Health General Article, Section 3-202 of the Annotated Code of Maryland. He introduced John Winslow,
Director Dorchester County Addictions Program. He noted that he will be providing a presentation on the County’s “Your Lifeline to Recovery” addictions program.
Mr. Winslow stated that two major statewide system changes are being made to the Dorchester County Addictions Program. He said that one of the changes is to recognize addiction as a chronic illness that is not curable, progressive and potentially fatal but can be arrested instead of an acute illness with possible relapses. He explained that in addition to providing prevention and treatment services, the program’s staff will also provide recovery support, which includes assistance in locating transportation, housing and child care. Mr. Winslow said the second change was the result of the loss in State grant funding and consists of moving to a fee for service system. He explained that program staff is working with the State and County Drug and Alcohol Abuse Councils to implement these strategies. Mr. Winslow stated that in order to promote changing care to address recovery the following promotion items are now being distributed: travel mugs, appointment cards, display boards, letterhead and other correspondence, and bookmarks.
Mr. Harrell thanked Mr. Winslow for his presentation and the Council for its continued funding and support to the Dorchester County Health Department.
In response to questions from Councilwoman Elzey, Mr. Harrell said H1N1 vaccinations are still being offered by the Health Department and that advertisements are being placed in the local newspapers encouraging the public to get vaccinated. He explained that in the Fall of 2010 the seasonal flu shot will also include the H1N1 vaccine.
The Council thanked Mr. Winslow and Mr. Harrell.
The Council adjourned to Legislative Session.
The Council introduced 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.
E. Thomas Merryweather,
The Council agreed to proceed with publication of a public hearing on this matter.
The Council introduced AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY, MARYLAND PURSUANT TO THE AUTHORITY OF ARTICLE 25A, SECTION 5(S) OF THE ANNOTATED CODE OF MARYLAND AND ARTICLE 24, SECTION 11-504(O) OF THE ANNOTATED CODE OF MARYLAND, AMENDING SECTION 78.2 AND SECTION 78-5(G) OF THE DORCHESTER COUNTY CODE ADDING THE DEFINITION OF A DANGEROUS DOG, AMENDING THE DEFINITION OF DOG CONTROL OFFICER, ADDING THE DEFINITION OF A POTENTIALLY DANGEROUS DOG AND PROVIDING FOR MANDATORY SPAYING AND NEUTERING OF A DANGEROUS DOG.
Mr. Merryweather explained that the legislation adds the definition of dangerous dog, amends the definition of Dog Control Officer, adds the definition of a potentially dangerous dog and provides for the mandatory spaying and neutering of a dangerous dog.
The Council agreed to defer consideration of this legislation for introduction until its June 8, 2010 meeting because Sheriff James Phillips was unable to view the proposed bill prior to the meeting due to staff error. The Council agreed to declare June 8th as a special legislative day.
The Council introduced an act of the county council of dorchester county, maryland pursuant to section 40-20 of chapter 40 of the dorchester county code closing and abandoning a thirty (30) foot wide strip of land situate in the fork election district of dorchester county, maryland, crossing the land of steven j. ochse and shari s. ochSE, his wife, known as 2890 mowbray creek road, federalsburg, maryland 21632, conveyed to them by deed dated december 14, 2001 and recorded among the land records of dorchester county, maryland in liber 486, folio 385.
Mr. Merryweather explained that the proposed bill is being requested by Steven Ochse and Shari Ochse and will close and abandon a thirty foot wide strip of land in the Fork Election District of the County. He said that the land crosses the property owned by the Ochses at 2890 Mowbray Creek Road, Federalsburg and conveyed to them by deed dated December 14, 2001 and record among the Dorchester County Land Records at Liber 486, Folio 385.
The Council agreed to proceed with publication of a public hearing on this matter.
The Council adjourned to Regular Session.
FY10 AMENDED SCOPE OF WORK AND CONTRACTS FOR CRITICAL AREA PROGRAM FUNDING-PLANNING AND ZONING
Based on a request from Rodney Banks, Assistant Planning and Zoning Director,
the Council approved an Amended FY 2010 Scope of Work and Contracts between the State of Maryland Department of Natural Resources Critical Area Commission for the Chesapeake and Atlantic Coastal Bays and Dorchester County for Critical Area Program funding of $14,000. The Council acknowledged that the funding will be used to offset the salary costs for a full time Critical Area Planner and for the administration of the grant in accordance with the County’s April 18, 2007 Grants Administration policy. The Council also acknowledged that the remaining funds for the Critical Area Planner are in the County’s FY 2011 budget. The Council further acknowledged that the amount reflects a reduction of $19,000.
REQUEST FOR LETTER OF SUPPORT-TRAINING FUNDING-YOUTH SERVICES
The Council approved the request of Madeline Moore, Youth Services Director, to execute a letter of support to Senator Barbara Mikulski for the Maryland Association of Youth Services Bureaus’ request for a Federal Appropriation to increase evidence based delinquency prevention services in Maryland, particularly on Maryland’s Eastern Shore through Dorchester County’s Youth Services Bureau. The Council acknowledged that no local match is required.
TRAFFIC SAFETY COMMITTEE RECOMMENDATIONS
Ms. Baynard presented the Council with recommendations from the Traffic Safety Committee members based on items discussed at a May 6, 2010 meeting.
Ms. Baynard noted that the Committee considered signage on Green Point Road that reads “No Parking in Access Lane’ and “No Overnight Parking.” The Council acknowledged that because the Committee has requested additional clarification be obtained by Councilman Price regarding the wording of the signage and if residents are willing to pay for the cost and installation of the signs, no action is being recommended at the present time.
The Council approved the Committee members’ recommendation to install a 35 m.p.h. speed limit at the Green Point Road and Route 14 intersection. The Council acknowledged that this recommendation was made in response to residents’ concerns expressed to Councilman Price.
The Council approved the Committee members’ recommendations to install 35 m.p.h. speed limit signs at each end of Old Madison Road and a sign depicting children at play on the road as long as the requestor pays 50% of the cost for that particular sign and installation. The Council acknowledged that this recommendation was made in response to a resident’s concerns expressed to Chuck Weber, Public Works Director.
Ms. Baynard noted that, based on resident’s concerns expressed to Councilman Price, the Committee discussed the placement of reflective signage at the intersection of Suicide Bridge Road and Cabin Creek Road and requested that Mr. Weber view the area and provide further information. Mr. Weber said he met with the fire chief in that area and he advised that there have been several accidents on the roadway where Suicide Bridge Road intersects with Cabin Creek Road. He explained that the majority of the accidents happened because there is no signage at that intersection and individuals have skidded through that intersection and into the adjacent field. He recommended that a double arrow sign or red diamond reflective signage be placed on the opposite side of Cabin Creek Road to indicate the roadway ends and travelers must turn right or left. The Council approved Mr. Weber’s recommendation to install reflective signage at that location and asked him to choose the most applicable signage for the roadway.
The Council approved the recommendation of the Committee, based on the request of Leonard Lednum, a Dorchester County resident, to remove the 50 m.p.h. sign that is located on a portion of Horn Point Road and to relocate the 35 m.p.h. sign on that road for better identification and enforcement.
Additionally, the Council approved the recommendation of the Committee to not place street lights on Beulah Road to Campbell Hill Road. Council acknowledged that requested intersection lighting at the intersection of Route 16 and Beulah Road would be referred to the State Highway Administration. The Council acknowledged that these recommendations were made in response to residents’ concerns expressed to Councilman Price.
REQUEST TO ADVERTISE FOR BID PROPOSALS FOR FY10-11 PIPE-HIGHWAY DIVISION/PUBLIC WORKS
The Council approved the request of Mr. Weber to advertise for bid proposals for supplying culvert pipe to the Public Works Department for the period of July 1, 2010 to June 30, 2011. The Council acknowledged that the request for bid proposals includes a vendor direct mail list.
The Council approved the request of Mr. Weber to execute an amendment to a Memorandum of Understanding between Dorchester County and the State Highway Administration of the Maryland Department of Transportation dated July 30, 2009 which allowed the County to receive funding from the American Recovery and Reinvestment Act of 2009 for certain Highway improvements and safety projects. The Council acknowledged that the amendment includes the language necessary to allow the State Highway Administration to perform material testing and inspection during the construction phase of both paving and line striping projects.
The Council approved the request of Mr. Weber to direct the Army Corps of Engineers to proceed with the preparation of a Supplement to the previous Rooster Island Feasibility and Environmental Assessment Report as the next phase of the Roster Island Restoration project with a estimated 25% local share for this work of $22,500. The Council requested that Mr. Weber work with Michael Spears, Finance Director, to determine how the County’s 25% share will be funded and provide that information to the Council at the beginning of the 2011 fiscal year. The Council acknowledged that it is anticipated that the cost of this restoration project will eventually be included in a no interest shore erosion control loan from the State of Maryland.
FY 2010-2011ROAD PROGRAM-HIGHWAY/PUBLIC WORKS
Based on a request from Mr. Weber, the Council approved a list of roads totaling 16.15 miles that are being presented for approval to be tar and chipped or dry patched to include 15.08 miles receiving tar and chip and 1.07 miles being dry patched. The Council recognized its May 11, 2010 approval for the transfer of funds in the amount of $131,554.18 from the Landfill Enterprise Fund to the Highway Department to reimburse costs incurred when transporting clay material from Talbot County to the Cell 5 construction, and agreed that these funds be used for road work. The Council acknowledged that Mr. Weber is working with Mr. Spears to transfer these funds. The Council acknowledged that there are an additional 34.14 miles of roadway that need surface treatment and that depending on availability of funds some or all of those roads will be completed after July 1, 2010. The Council requested that Mr. Weber prioritize and group road projects according to location with the possibility of putting some of the road repair projects on the next fiscal years’ road program.
LANDFILL COMPACTOR BID AWARD-SOLID WASTE/PUBLIC WORKS
The Council approved the request of Mr. Weber to keep the existing landfill compactor at the Beulah Landfill, which is currently leased from Al-jon Manufacturing, LLC, for at least an additional three years with the intention of exercising an eight year buy back provision in the lease for that equipment instead of immediately exercising the five year buy back provision allowable in 2010. The Council acknowledged that the compactor will be used for the closing and capping of Old Beulah. The Council also approved Mr. Weber’s request to purchase a new compactor from Al-jon Manufacturing, LLC, low bidder, without trade-in, at a cost of $687,884 which includes a purchase price of $650,886 plus $24,498 for the five year power train warranty and $12,500 for the fire suppression system. The Council acknowledged that funding for this equipment in the FY 2010 Capital Budget is $62,884 less than the full purchase price with no trade-in and instructed Mr. Weber to work with Mr. Spears in preparing an appropriate budget amendment to identify funds from the Landfill Enterprise Fund Balance in FY 2011 to cover this additional cost.
CLARIFICATION LETTER REQUEST-PROPOSED HURLOCK ENTERPRISE ZONE-ECONOMIC DEVELOPMENT
Based on a request from Keasha Haythe, Economic Development Director, on behalf of the Town of Hurlock, the Council agreed to execute a letter clarifying its support of the Town of Hurlock’s proposal to amend its boundary line at the northeast end of the proposed Enterprise Zone in its current application to the State of Maryland to follow Nealson Street from Board Street (Maryland Route 307) to Delaware Avenue (Maryland Route 392). The Council acknowledged that Stacy Kubofcik of the Maryland Department of Business and Economic Development has requested this letter be provided in order to move forward with the request from the Town of Hurlock to designate an Enterprise Zone.
REQUEST TO AMEND
The Council approved the request of Amanda Fenstermaker, Tourism Director, to amend the budget of the FY2010 Maryland Heritage Area Authority (MHAA) grant for the project “Marketing and Reviving the Brand of the Heart of Chesapeake Country Heritage Area” to include additional grantee funding, for a total project cost of $170,148, as compared to the original project cost of $100,000, and change the source of the match both a cash match and an in-kind match. The Council acknowledged that the reason for the revision is due to the difference in marketing needs from those in July 2009 when the grant application was first developed. The Council recognized that this funding will increase ad placements to include online ads and funding will be allocated for a consultant to coordinate the additional ad placements. Ms. Baynard advised that all local share is allowed for in the Tourism Department’s FY 2010 budget.
CONSIDERATION OF LETTER OF OPPOSITION-POSTAL OPERATIONS CONSOLIDATION
Beverly Collins, Vice President, Local #4321of the American Postal Workers Union, asked the Council to send a letter in opposition to the consolidation of the postal operations from the Town of Easton to Baltimore to Senator Barbara Mikulski, Senator Benjamin Cardin and Congressman Frank Kratovil. She said it is her understanding that one of the reasons for this consolidation is to provide work for on call employees at the Baltimore postal facilities. Ms. Collins explained that this consolidation will result in the loss of employment for 300 individuals and expressed her opinion, that mail delivery to the Eastern Shore will be delayed by two days if the consolidation is approved.
Councilman Nichols noted that he spoke with Congressman Kratovil regarding this matter and that the Congressman expressed his opposition to the proposed consolidation and said that he and Senators Mikulski and Cardin are requesting that more public hearing be held regarding this proposals. Ms. Collins noted that only one public hearing is being scheduled to be held on June 15, 2010 at the Easton High School from 6 p.m. to 8 p.m.
The Council agreed to send letter of opposition to Congressman Kratovil and Senators Mikulski and Carding with copies being sent to Governor Martin O’Malley and the U.S. Postal Service.
TRANSFER AND LEASE AGREEMENTS-FOURTH EMERGENCY MEDICAL SERVICES STATION
Ms. Baynard noted that the County Council and City Council have been working together on the transfer of Cambridge Emergency Medical Services to the County as a fourth County EMS station and to that end a transfer agreement, which also serves as a bill of sale and covenant not to compete, has been provided to the County Council for approval. She noted that the City Council approved the document at its May 24, 2010 meeting.
Ms. Baynard advised that the County Council has also been in negotiations with the City Council to lease space at the Edward Watkins Public Safety Building for that fourth EMS station and that a lease document that was approved by the City Council on May 24th has also been provided to Council.
In response to a question from Councilman Travers, Ms. Baynard noted that CEMS currently has five ruggedized laptops and the City Council has agreed to transfer three of them to the County. She noted that two office computers will also be included in the transfer.
The Council agreed to execute the Transfer Agreement, Bill of Sale and Covenant Not to Compete as presented including all exhibits. Councilmen Price and Nichols opposed.
The Council also agreed to execute the lease between the Commissioners of Cambridge and the County Council for a portion of the Edward E. Watkins Public Safety building at $3,000 a month for a term of two years with a 90 termination clause, to begin on July 1, 2010 and end on June 30, 2012. Councilmen Nichols and Price opposed. The Council acknowledged that the space to be leased is referenced on Exhibit A to the lease agreement and includes areas to be under the exclusive control of the tenant (highlighted in yellow) and areas to be shared with Rescue Fire Company (highlighted in green). The Council further acknowledged that shared space includes the laundry and decon areas.
FY 2011 COUNTY COUNCIL 1ST/2ND QUARTER MEETING SCHEDULE
The Council approved the First and Second Quarter FY10/11 meeting schedule as follows: July 6, July 20, August 10, August 24, September 7, September 21, October 5, October 19, November 9, November 23, December 7, December 21, 2010.
The Council acknowledged that the July 6, 2010 and September 7, 2010 meetings are immediately after four day weekends to accommodate the general and primary elections.
FY 2011 PROPOSED FURLOUGH SCHEDULE
The Council approved the following furlough schedule for FY 2010: July 2, 2010, September 3, 2010, November 29, 2010, December 27, 2010, January 3, 2011, February 18, 2011, April 22, 2011and May 30, 2011. Councilman Price opposed. The Council acknowledged that the furlough days may be reduced if the Council is able to readdress the temporary employee pay reduction during the fiscal year. The Council also acknowledged that the furlough days are built in and around holidays to achieve a savings because all non public safety offices will be closed on those days.
There was no public comment
At the request of Councilman Nichols, the Council agreed to send letters to Ms. Haythe, Ms. Fenstermaker and John Mason, Business Attraction and Expansion Manager, for providing a public presentation on the proposed Technology Park at the Community Block event on Pine Street, held by Cambridge Lives! on Saturday, May 22, 2010.
Councilman Newcomb noted that the next County Council meeting is scheduled for June 8, 2010.
With no further business to discuss, the Council adjourned.
Effie M. Elzey, Vice President
William V. Nichols
Approved the ______day of , 2010.