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Meeting Minutes

Meeting Minutes
posted: 06/24/10

County Council Meeting Minutes


June 8, 2010

County Council of Dorchester County

Regular Meeting Minutes

June 8, 2010

 

The County Council of Dorchester County met in regular session on June 8, 2010 with the following members present: Present were Jay L. Newcomb, President; Effie M. Elzey Vice President; William V. Nichols; Rick Price; and Ricky Travers. Also present were E. Thomas Merryweather, County Attorney; Jane Baynard, County Manager and Tina M. Perry, Executive Administrative Secretary.

 

REGULAR SESSION

 

EXECUTIVE SESSION

 

The Council adjourned from a Regular Session and convened in a closed Executive Session pursuant to 10-508(A)(1) to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; pursuant to §10-508(A)(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 Price led the invocation and the pledge of allegiance.

 

CALL FOR ADDITIONS OR DELETIONS TO AGENDA

 

The Council approved the addition to consider a bid award for the Infrastructure in the Dorchester County Technology Park to the approved agenda.

 

APPROVAL OF MINUTES

 

The Council approved the minutes of May 25, 2010. 

 

APPROVAL OF DISBURSEMENTS

 

The Council approved vouchers as presented with Councilman Travers abstaining from payment made to Simmon’s Center Market.

 

FINANICAL REPORT: CASH AND INVESTMENTS

 

Councilman Newcomb reported total cash and investments as $1,441,476.55.

BUDGET TRANSFER REQUEST – BOARD OF EDUCATION

 

The Council approved a Budget Transfer request submitted by Dr. Fred Hildenbrand, Superintendent of Schools, transferring $400,000 from the General Fund balance to the School Construction Fund to offset a portion of the Dell Lease expensed for Fiscal Year 2010.

 

EXECUTIVE SESSION SUMMARY

 

The County Council of Dorchester County convened in an Executive Session at 4:30 p.m. on June 8, 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) Confirmed Sheriff’s Office personnel promotions among vacant positions as presented by Sheriff Phillips by a 4 to 0 vote.  2) Approved a request for a modified summer schedule in the County’s Highway Division by a 4 to 0 vote.  3) Approved a request for extension for one Public Works employee for unused leave to avoid forfeiture by a 4 to 0 vote.  4) Discussed a request to re-advertise a part-time Airport position; took no action and agreed to refer to Open Session for disposition. 5) Approved the hiring of one paramedic and three full time EMT’s and one on-call EMT in anticipation of the July 1st transition of the Cambridge station by a 4 to 0 Vote.  Councilman Travers recused himself from discussions regarding EMT vacancies.  6) Discussed a lease at the Cambridge Dorchester Airport and agreed to seek bids for repairs to the hangar and move forward to fully enforce the terms of the lease by a 5-0 vote.  7) Received an update from staff on the Dorchester County Technology Park – referred discussion of a bid award for the infrastructure inside the park to open session and agreed to amend the project design to ensure adherence to budget restrictions by a 5 to 0 vote.  8) Council discussed a request for a new boat ramp and agreed that funds are not available at this time by a 5-0 vote.

 

Councilman Newcomb announced that the Council would reconvene in Executive Session after the Regular Session meeting to discuss two personnel items

 

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

 

COMMENDATIONS – 2010-2011 TEACHER OF THE YEAR, Crystal Ownes, Cassandra Graves

 

The Council presented commendations to Crystal Ownes, Choptank Elementary, for being named Dorchester County’s Teacher of the Year 2009-2010 and to Cassandra Graves, Maple Elementary School, for being named First Class Teacher of the Year.  Ms. Ownes and Ms. Graves accepted the commendations.  Henry Wagner, Jr., Assistant Superintendant for Administration was also present.

 

PROCLAMATION – KATHY HACHEMEISTER MEMORIAL PLAYGROUND

 

The Council presented a proclamation to Charles Hachemeister and family members of the late Kathy Hachemeister declaring the play area at the Dorchester County Pool as the “Kathy Hachemeister Memorial Playground”. 

 

The Council paused to share their fondest memories of Ms. Hachemeister and recognized her many years of dedicated service to Dorchester County and its youth.

 

Scott Eberspacher, Recreation and Parks Director, acknowledged that the Recreation and Parks Board wanted to pay tribute to Ms. Hachemeister in recognition of her committed service to the County and he stated that the Board found it only fitting to honor her in this fashion.  On behalf of the Recreation and Parks Board, Mr. Eberspacher presented 2010 seasonal pool passes to Mr. Hachemeister and his family.

 

Presentation – Michener Chesapeake Country Scenic Byway Project – Jim Klein

 

Jim Klein, ASLA Principal, Lardner/Klein Landscape Architects, presented to Council a PowerPoint presentation regarding the proposed Michener’s Chesapeake Country Scenic Byway project, which will highlight the pristine waterways, historic waterfront villages and wide natural expanses found along a series of scenic roads and historic travel routes in Talbot, Dorchester and Caroline Counties.  Mr. Klein explained that the mid-shore section of the Chesapeake Country Scenic Byway links such towns as Easton, St. Michaels, Tilghman Island, Oxford, Denton, Preston, Federalsburg, Cambridge, East New Market, Secretary and Vienna while Michener’s Chesapeake Scenic Byway connects the nationally designed portion of the Chesapeake Country Scenic Byway to the north with the Blue Crab Scenic Byway to the south.  He noted that the route will overlap the Harriet Tubman Underground Railroad Byway in several locations and that in Dorchester County, the Byway forms a loop, traveling along the Nanticoke River, then through the Blackwater National Wildlife Refuge reaching out towards the Bay and north to Cambridge and the Choptank River.  He stated that the plan will help highlight and interpret the region’s rich history and heighten its rural character, maritime culture, and natural resources.  Mr. Klein stated that the proposed project will create opportunities for funding for preservation and conservation easements.  He stated that a Byway Advisory Committee is being formed and will meet a total of seven times over the next year at different locations throughout the corridor.  In closing, Mr. Klein announced that all meetings of the Advisory Committee are open to the public and all are welcome to attend and participate in the meetings.  He stated that meetings will be in the Town of Easton on June 22nd and at North Dorchester Middle School on June 24th.

 

Amanda Fenstermaker, Tourism Director, noted that additional information regarding the plan may be obtained by contacting the Dorchester County Tourism Office.

 

LEGISLATIVE SESSION    

 

The Council adjourned to Legislative Session.

 

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 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 proposed legislation will add the definition of dangerous dog, amends the definition of Dog Control Officer, and will add the definition of a potentially dangerous dog.

 

Ms. Baynard recommended that Council defer the introduction of the proposed legislation based on a recommendation from Sheriff Jim Phillips to review and possibly rewrite the entire Dog Control Ordinance.  She explained that it would afford the Sheriff the opportunity to make a final proposal to Council rather than piecemeal changes to the existing law.

 

Mr. Merryweather explained that by deferring the legislation it would allow for an opportunity to take a comprehensive look at the legislation.  He clarified that the proposed legislation should remain comprised of regulations for dog control exclusively and suggested that the Council not expand its jurisdictional expectations relating to anything other than dog control.

 

The Council agreed to defer introduction of the proposed legislative amendment pertaining to Dangerous Dogs and revert the legislation back to Sheriff Phillips and asked that he work with Mr. Merryweather in drafting a final proposal to Council for its consideration.  Council further suggested that Sheriff Phillips and Mr. Merryweather review a proposed ordinance modification drafted by Carol Embrey and work with her as needed.

Councilman Newcomb thanked Ms. Embrey for her continuous efforts and for providing suggestive language for the proposed ordinance.  In addition, Councilman Newcomb thanked Johanna Norris for her role in proposing the dangerous dog language.  He asked that she review the current ordinance and make any comments for possible amendments to Sheriff Phillips.

 

Councilman Newcomb suggested that this may be an opportune time to examine the matter relating to wild dogs in the northern end of the County.  Council agreed and asked that Sheriff Phillips include any necessary language regarding control of wild dogs in his proposed revisions.

 

REGULAR SESSION

 

The Council adjourned to Regular Session.

 

LETTER OF SUPPORT – DEPARTMENT OF AGRICULTURE GRANT FUNDING – DORCHESTER CENTER FOR THE ARTS

 

The Council approved the request of Mickey Love, Executive Director of the Dorchester Center for the Arts, to execute a letter of support for its application for grant funding from the USDA Rural Development to cover capital expenditures to renovate the Art Center’s second floor as a performance hall and reception area.  The Council acknowledged that that there would be no local match.

 

MANAGERS COMMENTS

 

Request to Advertise for Proposals for Strategic Plan – Economic Development

 

The Council approved the request of Keasha Haythe, Economic Development Director, to advertise a request for proposal for the development of a Economic Development Strategic Plan which will identify actions to improve the rate of retention of existing employers and attraction of new employers in an effort to retain and create jobs in the County.

 

Cost containment strategy – optimum expense recovery

 

The Council confirmed its decision of March 4, 2010 to engage in a Utilities, Communications Service and Agency Agreement with Optimum Expense Recovery and Consulting to review the existing contracts for utilities and other services to determine if fees being charged are reasonable.  The Council acknowledged that the contract is for a 24-month period and that it stipulates that the County is under no obligation to accept recommendations for savings on service contracts if should the recommendation not be

acceptable to leadership for any reason.  Additionally, the Council acknowledged that the only fee payable to the Consultant will be 50% of any savings recommended and accepted by the Council.

Interlocal agreement – 2010 BYRNE JUSTICE ASSISTANCE GRANT PROGRAM – CITY OF CAMBRIDGE

 

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 2010 Byrne Justice Assistance Grant program, through the Dorchester County Sheriff’s Office, in the amount of $14,056, with no local match to be used for the equipping of its bicycle patrol.  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.

 

2011 Visitor guide printer bid recommendation – tourism

 

The Council approved the request of Amanda Fenstermaker, Tourism Director, to award the bid for the design of the 2011 Dorchester County Visitors’ Guide to Delmarva Printing, the low bidder, at the cost of $9,865 for 45,000 copies.

 

DORCHESTER COUNTY TOURISM AND HEART OF CHESPEAKE LOGO

 

The Council approved a request submitted by Ms. Fenstermaker to accept the new proposed Dorchester County Tourism and Heart of Chesapeake logo to be used in tourism advertising campaigns in addition to representing the Heart of Chesapeake Country Heritage Area.  The Council acknowledged that while the existing “Heart of Chesapeake” is an effective slogan, the outline of the heart does not depict the powerful imagery or distinctive insignia essential in today’s marketing campaigns.

 

ROADSIDE BUSHING – BAYLY ROAD – PUBLIC WORKS

 

The Council approved a proposal submitted by Chuck Weber, Public Works Director, based on a request for assistance from the Cambridge City, to complete the bushing on Bayly Road for the City of Cambridge at a cost of $1,354 for four days of labor and usage of equipment.  The Council acknowledged that Mr. Weber will bill for only actual time used at an approximate rate of $338.50 per day.

 

REQUEST TO READVERTISE PART-TIME AIRPORT POSITION

 

The Council approved the request of Mr. Weber to readvertise a part-time Airport Technician position resulting from previous applicants being under qualified.

 

bid award – Dorchester County Technology Park Infrastructure

 

The Council approved a request from Mr. Weber to award the bid for the Dorchester County Technology Park Infrastructure to George & Lynch, the low bidder, at a base bid of $3,453,351.85 based on the original design specification.  Additionally, the Council agreed that Mr. Weber may submit change orders for specified alternatives pending the final results of negotiations with the contractor pertaining to the cost design modifications. The Council acknowledged that it is anticipated that the design element alternates will result in a cost saving in ensuring that the Technology Park infrastructure construction remains within budget.

 

Acknowledgement of Transfer of School Street Fields

 

The Council acknowledged the transfer of title for the School Street fields properties from the Board of Education to the County.

 

TELEPHONE POLL CONFIRMATIONS

 

Ms. Baynard advised that in the interim between meetings the Council, by means of telephone poll agreed to permit Jack Glessner, EastCor Engineering, an Easton based company, to use the top of the Beulah landfill for testing of photography equipment to determine clarify at varying distances by a 4 to 1 vote.

 

PUBLIC COMMENTS

 

Ms. Embrey thanked the Council for its consideration in extending the time limit on the Dog Control Ordinance.

 

 Mr. Eberspacher announced that all repairs have been completed at the County pool and that weather permitting the pool will opening on Friday, June 11th at 5 PM.

 

COUNCIL’S COMMENTS/ADJOURNMENT

 

Councilman Price noted that he has received several request from Green Point Road residents requesting the placement of signage on the road at the Green Point Beach. 

He stated that he has forwarded these requests to the Traffic Safety Committee for its review and consideration.

 

Councilman Price announced that he recently attended a meeting of the Volunteer Firemen’s Association and that they had expressed dissatisfaction in the insurance elected by the Council.

 

Councilman Price announced that he attended the Memorial Day Services held at the Veteran’s Cemetery and at Long Wharf.

 

Councilman Price extended best wishes to all graduating seniors.

 

 

 

 

Executive Session

 

The Council adjourned from a Regular Session and convened in a closed Executive Session pursuant to 10-508(A)(1) to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; pursuant to §10-508(A)(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.

 

With no further business to discuss, the Council adjourned.

 

 

ATTEST:                                                        DORCHESTER COUNTY COUNCIL:

 

 

______________________________            ____________________________________

Jane Baynard, County Manager                       Jay L. Newcomb, President

 

                                                                        ____________________________________

                                                                        Effie M. Elzey, Vice President

 

                                                                        ____________________________________

                                                                        William V. Nichols

 

                                                                        ____________________________________

                                                                        Ricky Travers

 

                                                                        ____________________________________

                                                                        Rick Price

 

Approved the ______day of ___________ , 2010.