Meeting Minutes

Meeting Minutes
posted: 08/30/10

County Council Meeting Minutes


August 10, 2010

County Council of Dorchester County

Regular Meeting Minutes

August 10, 2010

 

The County Council of Dorchester County met in regular session on August 10, 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, 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 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; and §10-508(A)(3) to consider the acquisition of real property for a public purpose and matters directly related thereto. 

 

Voting in favor of the closed Executive Session were all Council members.

 

REGULAR SESSION

 

INVOCATION AND PLEDGE OF ALLEGIANCE

A moment of silence of was held due to the passing of Shirley McWilliams who previously served as a County Commissioner from 1990 to 1994.

 

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- JULY 20, 2010

The Council approved the minutes of July 20, 2010.

APPROVAL OF DISBURSEMENTS

The Council approved vouchers with exception of payments to Crystal Key Tag in the amount of $563.66 and Springdale Kennels in the amount of $960.  In addition, the Council requested information regarding policies that pertain to NSF and ACH return check payments.

FINANICAL REPORT: CASH AND INVESTMENTS

 

Councilman Newcomb reported total cash and investments as $4,770,402.35.  

CAPITAL PAYMENT AUTHORIZATIONS-BOARD OF EDUCATION

 

The Council approved a capital payment authorization request from Henry Wagner, Superintendent of Schools, in the amount of $479.68 from Transfer Tax Fund/PAYGO 2008 for the electrical distribution system in the Cambridge South Dorchester School complex.

 

The Council also approved a capital payment authorization request from Mr. Wagner in the amount of $1,533.25 from Transfer Tax Fund/PAYGO 2009 $185.25 in capital equipment and $1,348 for the removal and replacement of a door. 

 

The Council further approved a capital payment authorization request from Mr. Wagner, in the amount of $7,472.75 from General Funds/PAYGO 2010 for the following: $697.50 for the painting of doors and window frames, $4,946.75 for the removal and replacement of a door and frame and $1,828.50 for batting cage nets.

 

EXECUTIVE SESSION SUMMARY

The County Council of Dorchester County convened in an Executive Session at 4:30 p.m. on August 10, 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; and §10-508(A)(3) to consider the acquisition of real property for a public purpose and matters directly related thereto. 

 

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.

 

Councilman Newcomb noted that after its July 20, 2010 Regular Session meeting, the Council re-adjourned into Executive Session to discuss the following items: 1) received an update from the Economic Development Director regarding a grant for a County business-took no action; 2) agreed to send a letter to Department of Business and Economic Development requesting the use of unexpended funds for the Technology Park by a 5 to 0 vote; 3) continued consideration of issues pertinent to a recent personnel hearing and agreed to uphold the administrative decision by a 5 to 0 vote;  4) approved the promotion of an individual from an EMT I to a Paramedic because the individual obtained a paramedic certification by a 5 to 0 vote; 5) approved a request from the Warden to fill a Correctional Officer position due to the resignation of an employee by a 5 to 0 vote; 6) discussed Emergency Medical Services personnel issues- took no action; 7) agreed to continue discussions regarding Emergency Services Director position

 at its August 10, 2010 executive session meeting by a 5 to 0 vote; and 8) discussed property maintenance concerns and agreed that due to funding constraints no action can be taken at the present time by a 5 to 0 vote.

 

Councilman Newcomb noted that the County Council of Dorchester County convened in an Executive Session at 4:30 p.m. on August 10, 2010 to discuss the following items: 1) discussed a personnel item with Public Works Director-agreed to an adjustment of a landfill facility schedule; 2) discussed personnel issues with Warden-took no action; 3) continued discussion regarding Emergency Services Director position-took no action at the present time; 5) discussed vacancies in Youth Services Department and agreed to discuss in open session.

 

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.

 

PROCLAMATION-CHILD SUPPORT AWARENESS MONTH-AUGUST

 

The Council presented a proclamation declaring August 2010 Child Support Awareness Month.  Carmen Pratt accepted the proclamation.

 

COMMENDATION-EAGLE SCOUT-AARON TOLLEY

 

The Council presented a commendation to Aaron Tolley for receiving the rank of Eagle Scout for his commitment and dedication in building numerous message boards for Easton Main Street.  Mr. Tolley accepted the commendation.

 

INTRODUCTION OF NEW CHAIRMAN/BRIEF OVERVIEW-RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL, INC. (RC&D)

 

Dave Wilson, Coordinator Resource Conservation and Development, advised Council that Mike Koval was the new Chairman for RC&D.

 

He provided an overview of the projects undertaken by RC&D staff in Dorchester County, including living shoreline projects from 1988 to 2006, wetlands creation and restoration projects and the placement of dry fire hydrants in various areas within the County.  Mr. Wilson also noted that RC&D staff perform energy audits for local farmers and provide grant writing services for local jurisdictions.

 

Mr. Wilson suggested that the Council consider allowing the $40,000 in funds set aside in the County’s FY11 Capital Budget for the Hurst Creek dredging project to be used to pay for design services.  He said that RC&D has agreed to provide $10,000 for that project.   Mr. Wilson expressed his opinion that additional funds can be garnered from the Maryland Department of Environment if plans are available for the project.

 

The Council took no action on the use of the funds designated for the Hurst Creek dredging project and thanked Mr. Wilson for his presentation.

 

REQUEST FOR FUNDING FOR 2010 SUMMER NATURAL RESOURCES CAMP-RC&D 

 

Based on a written request from Mike Koval, Chairman of the Maryland Eastern Shore Resource Conservation and Development Council, the Council agreed to contribute $100 in order to assist with expenses associated with the 2010 Summer Natural Resources Camp to be paid from the Council’s Office FY11 budget.

 

MADISON WOOLFORD SEWER PROJECT UPDATE/BAY RESTORATION FEE BILLING-SANITARY DISTRICT            

 

Robert Tieder, Chairman, Sanitary Commission provided the Council with an update on the Madison Woolford sewer project.  He stated that the notice to proceed with the project was issued on December 14, 2009 with an anticipated completion date of April 17, 2011.  He explained that the project is 32% complete with 84,615 of the 180,000 linear feet of the pipe being installed and that construction is underway on the two pumping stations to be built.  Mr.  Tieder said that he believes that the Church Creek pumping stations will be operational in late August with the old line to the City of Cambridge continuing to be used until the new stations are operational.    He noted that the Sanitary Commissioners have agreed to pay the City of Cambridge impact fees in three equal payments and more specifically on September 1, 2010, November 15, 2010 and December 20, 2010. 

 

In response to a recent question from Council members, Mr. Tieder explained that separate bills are mailed to collect the Bay Restoration Fee from Sanitary District customers in order to keep track of payments made and to recoup 5% of the cost of billing from the State of Maryland.   He said that they are willing to transfer the billing responsibility of that fee to the County’s Finance Department.

 

Jane Baynard, County Manager, advised that she is working with Michael Spears, Finance Director, regarding the possibility of having the County’s Finance/Treasury staff take over from the Sanitary District the billing and collection of that fee.  She explained that staff is currently seeking clarification as to whether the regulatory language in the bill that established this fee will allow this transfer of billing responsibility. 

 

The Council thanked Mr. Teider for his update on the Madison Woolford sewer project.

 

FIRST AMENDMENT-MEMORANDUM OF UNDERSTANDING-MADISON WOOLFORD SEWER PROJECT-SANITARY DISTRICT

 

The Council agreed to execute the First Amendment to the Memorandum of Understanding between the Commissioners of Cambridge, the County Council of Dorchester County and the Dorchester Sanitary District regarding the Madison-Woolford-Susquehanna sewer project.    The Council acknowledged that the amendment is to provide for the specific amount of impact fees applicable to owners within the “Madison-Woolford-Susquehanna Point Sanitary District.” 

 

In response to questions from Council, Chuck Weber, Public Works Director, said that he will provide the Council with information regarding providing sewer services to the properties annexed by the City in the Oak Hill neighborhood along Bucktown Road.   Mr. Tieder said that the Sanitary Commissioners are willing to extend service to any property in the City that has Sanitary District sewer lines along their property, provided the City of Cambridge Council agrees to the hook-up.

 

LEGISLATIVE SESSION    

The Council adjourned to Legislative Session.

INTRODUCTION       

 

Council introduced Bill No. 2010-16 AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY, MARYLAND PURSUANT TO THE AUTHORITY OF SECTION 15-803 OF THE STATE GOVERNMENT ARTICLE OF THE ANNOTATED CODE OF MARYLAND AMENDING SECTION 88-5 OF CHAPTER 88 OF THE DORCHESTER COUNTY CODE RELATING TO PUBLIC ETHICS ON A LOCAL LEVEL AND CONFLICTS OF INTERESTS

 

E. Thomas Merryweather, County Attorney, explained that Bill No. 2010-16 is to amend Section 88-5 of Chapter 88 of the Dorchester County Code relating to public ethics on a local level and conflicts of interest.    He noted that the legislation will be forwarded to the State Ethics Commission. 

 

The Council agreed to proceed with publication of a public hearing on this matter with Councilman Travers opposing and Councilman Newcomb abstaining from the vote.

INTRODUCTION                                                                                                        

 

AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY, MARYLAND PURSUANT TO THE AUTHORITY OF SECTION 15-803 OF THE STATE GOVERNMENT ARTICLE OF THE ANNOTATED CODE OF MARYLAND TO ADD NEW SECTION 88-5.1 TO CHAPTER 88 OF THE DORCHESTER COUNTY CODE TO PROVIDE COUNTY EMPLOYEES SHALL NOT SUPERVISE IMMEDIATE FAMILY MEMBERS TO AVOID CONFLICT OF INTERESTS.

 

E. Thomas Merryweather, County Attorney, said that the bill will add a new Section 88-5.1 to Chapter 88 of the Dorchester County Code to provide that the County shall not have more than one Department Head position filled by immediate family members to avoid conflict of interests.   He said he will forward to the legislation to the State Ethics Commission.

 

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

REGULAR SESSION

MANAGERS COMMENTS

BOARD APPOINTMENTS

 

SISTER COUNTY PARTNERSHIP COMMITTEE

 

The Council ratified the appointment of Tom Powley to the Sister County Partnership Committee.  The Council acknowledged that Mr. Powley will to fill the seat vacated by Megan Nabb’s, who submitted her resignation. 

 

ADULT PUBLIC GUARDIANSHIP REVIEW/SOCIAL SERVICES BOARD

 

Based on a recommendation from William McDonnell, Social Services Director, the Council reappointed the following individuals to the Adult Public Guardianship Review Board: John Thomas, Patsy Nichols and Glenda Vaughan. The Council acknowledged that their terms will expire on August 30, 2013. The Council also acknowledged that David Wooten will replace Verna Asplen on the Adult Public Guardianship Review Board as the representative from the Social Services Board.  The Council further acknowledged that Christopher Robinson will replace Alexandra Drobnick as the Attorney for the Adult Public Guardianship Board.

 

911 ADVISORY BOARD

 

The Council reappointed Suzanne Shorter to the 911 Advisory Board as the County employee representative.  The Council acknowledged that her term will expire on May 7, 2012.   The Council also appointed Bobbie Aaron as representative of the EMS Advisory Council to the board.  The Council acknowledged that her term will expire on January 29, 2012.  The Council appointed Keith Adkins to the 911 Advisory Board to represent the Dorchester County Fireman’s Association as of October 1, 2010 when he becomes President of that Association.   The Council acknowledged that Ronnie Reynolds, current VFA President, can serve on the 911 Advisory Board until the change of presidency.   

 

COMMUNITY DEVELOPMENT BLOCK GRANT AMENDMENT-BOYS AND GIRLS CLUB

 

The Council approved the request of Nancy Shockley, Local Management Board Director, and agreed to submit written request to the Department of Housing and Community Development to amend the Community Development Block Grant for the Dorchester Boys & Girls Club for $50,000 in Special Project Funding to begin on November 1, 2010.  The Council acknowledged that the funding cycle for the grant, September 1, 2009 through September 30, 2011, will remain the same.  The Council further acknowledged that this funding is part of the State’s FY2011 budget allocation to the County and that it will not affect any future State funding received in FY2012.

 

2010 MARYLAND ENERGY CONSERVATION CONTRACT-WEATHERIZATION-LOCAL MANAGEMENT BOARD

 

The Council approved the request of Ms. Shockley to renew a contract between the County and the Maryland Energy Conservation, Inc. to provide weatherization services under the Weatherization Assistance program that provides funding for local community services to assist low-income, elderly and persons with disabilities conserve energy by weatherizing their homes beginning June 1, 2010 through June, 30, 2011.

 

TRAVEL REQUEST-ECONOMIC DEVELOPMENT

 

The Council denied the request of Keasha Haythe, Economic Development Director, to attend the annual International Economic Development Council Annual Conference in Columbus, Ohio from September 26 to September 29, 2010 with Councilman Travers, Councilman Price and Councilwoman Elzey opposing.

 

BID AWARD-STRATEGIC PLAN-ECONOMIC DEVELOPMENT

 

The Council approved the request of Ms. Haythe to award the bid for the development of an Economic Development Strategic Plan for Dorchester County to BBP Associates, LLC in the amount of $48,690. 

 

REFERRAL TO PLANNING COMMISSION-ELEVATION

 

The Council agreed to refer draft legislation to amend Chapter 155, Section 155-37 of the Dorchester County Code, Floodplain District, to require all new construction of residential and non-resident structures and substantial improvements of residential and non-residential structures, including manufactured homes shall have the lowest floor, including the basement, elevated to the Flood Protection Elevation and to add the definition of Flood Protection Elevation and Freeboard to the Planning Commission for its review and recommendation. 

 

GOVERNOR’S OFFICE OF CRIME CONTROL AND PREVENTION GRANT AWARDS-SHERIFF’S OFFICE

 

The Council accepted a grant award from the Governor’s Office of Crime Control and Prevention entitled “Domestic Violence Data Entry” in the amount of $1,278.00 with no cash match for the period of July 1, 2010 through June 20, 2011.  The Council acknowledged that this funding will be used to support overtime for a Data Entry Clerk due to the court’s mandate of entering protective orders into the MILES/NCIC database within a 24-hour period.  The Council further acknowledged that the hours spent by deputies specific to this grant are exempt from the 171 hour overtime threshold and to pay overtime for these hours to be charged to this grant.  Hours spent on duties outlined in the grant will be applicable to the 171 hours over a 28 day pay period overtime threshold once the grant period is over or grant funds have been depleted.

 

The Council also accepted a grant award from the Governor’s Office of Crime Control and Prevention entitled “Monitoring Support” in the amount of $9,870.00 with no cash match for the period of July 1, 2010 through June 30, 2011.  The Council acknowledged that the funds will be used to offset a deputy’s salary to help prevent the occurrence of sex crimes by providing monitoring of registered sex offenders, allowing enhanced enforcement of the laws, and ensuring compliance.

 

GYPSY MOTH SPRAYING COST ESTIMATES LETTER OF ACCEPTANCE/PARTICIPATION-MARYLAND DEPT OF AGRICULTURE   

 

Based on a written request from Robert L. Tatman, Program Manager, the Council agreed to participate in the Maryland Department of Agriculture’s Forest Pest Management (FPM) Program for management of gypsy moth for Dorchester County and its citizens.  The Council acknowledged that based on information relating to gypsy moth populations and trends in Dorchester, up to 50 surveys will be conducted at an estimated cost of $750.00 to the County.  The Council recognized that this amount represents a 50% cost share on local costs to perform these surveys on non-State land, and that these figures do not include additional funds that may be needed for aerial spraying.

 

REQUEST FOR PAYMENT OF WORKERS COMPENSATION-HURLOCK VOLUNTEER FIRE COMPANY-TOWN OF HURLOCK

 

Based on a written request from the Mayor and the Town of Hurlock Council, the Council agreed to pay Workers Compensation Insurance for the Hurlock Volunteer Fire Company as of September 1, 2010 through Injured Workers Insurance Fund.   The Council did not agree to provide reimbursement for prior premiums paid by the Town of Hurlock in light of the fact that it was a joint decision by the Town and the Hurlock Volunteer Fire Company to not participate in the County policy prior to this request.

 

FY11 SCOPE OF WORK AND CONTRACTS FOR CRITICAL AREA PROGRAM FUNDING-PLANNING AND ZONING

 

The Council approved the request of Rodney Banks, Assistant Planning and Zoning Director, to submit the FY 2011 Scope of Work for Critical Area Program Funding request to the Critical Area Commission for $14,000, which will be used toward funding a full time Critical Area Planner.  The Council acknowledged that the remaining funds for the Critical Area Planner are in the County’s FY 2011 General Fund budget and recognized that the administrative fee charged to all County grant programs will be allowed for pursuant to County policy.


FY 2010-FY2011 BOAT SLIP LEASES

 

The Council approved the boat slip leases for FY2010-2011 for Trenton Street, Ragged Point, Elliott’s Island, Tyler’s Cove, Back Creek and Taylor’s Island marina’s.  The Council acknowledged that the leases are in good standing and the tenants have met all of the terms of the lease agreement.

 

CHANGE ORDER NO. 1 REQUEST –LINE STRIPING-HIGHWAY/PUBLIC WORKS

 

The Council approved the request of Mr. Weber and agreed to execute Change Order #1 from Alpha Space Control Company, Inc. in the amount of $13,146 to increase the number of County line striping projects currently underway.  The Council acknowledged its June 22, 2010 decision to award the bid for roadway pavement line striping work to Alpha Space in the amount of $31,456.50 for 670,000 feet of line striping.  This change order will increase the line stripping to a total of 950,000 linear feet.  The Council further acknowledged that the change order results from the additional availability of stimulus funds.

 

2010 EMERGENCY SHELTER GRANT-DELMARVA COMMUNITY SERVICES

 

The Council approved the written request of Santo Grande, President, to submit a grant application to the Department of Housing and Community Development and the Division of Neighborhood Revitalization for the U.S. Department of Housing and Urban Development (HUD) 2010 Emergency Shelter Grants (ESG) Program in the amount of $50,000.  The Council acknowledged that the required $5,000 match will be paid by Delmarva Community Services, Inc. from the County’s FY2011 budget allocation to that agency and that the grant funds will be used to provide assistance to families through DCS Emergency Assistance and Transitional Housing Shelter programs. 

 

LETTER OF OPPOSITION-BAY RESTORATION FUND

 

The Council agreed to send a letter to State legislators opposing any possible future increase in the Bay Restoration Fund fee based on recent media releases that the Capital Debt Affordability Committee is discussing a proposed increase as one of the options to make up for a $660 million shortfall in the Chesapeake Restoration Fund. 

 

REQUEST TO ADVERTISE-VACANT POSITIONS-YOUTH SERVICES

 

The Council approved the request of Madeline Moore, Youth Services Director, to advertise in-house to fill a vacant 100% grant funded Counselor II position. 

 

TELEPHONE POLL CONFIRMATIONS

 

Ms. Baynard advised that in the interim between meetings the Council, by means of telephone poll, took the following actions: 1) approved the Public Works Director request to pursue a grant from LGIT, the County’s insurer, of $300 ($250 for seminar and $50 for fuel) for two employees to attend Greater Chesapeake Damage Prevention Training Conference in Ocean City from October 20 to October 22, 2010 by a 5 to 0 vote.  The Council acknowledged funds are in the Public Works budget for this seminar if the grant is not approved; 2) approved the request of the Public Works Director, to advertise to fill a vacant MEO III position in the Landfill Division due to the resignation of an employee with the position being advertised in-house and in a local news publication(s) simultaneously by a 4 to 1 vote; 3) agreed to declare August 10, 2010 a Special Legislative Day by a 4 to 1 vote; and 4) agreed to execute a letter of support for the construction of the Choptank River Lighthouse at the expanded Cambridge municipal marina with the stipulation that there will be no financial commitment from the County by a 5 to 0 vote.

 

PUBLIC COMMENTS

Bruce Coulson, a Dorchester County resident, questioned whether Dorchester County qualifies for the Community Rating System without adopting a free boarding requirement.  He explained that enrollment in CRS could result in discounted flood insurance premiums for residents.  Ms. Baynard explained that Planning and Zoning staff is reviewing whether the County is currently eligible to participate in that system.

 

COUNCIL’S COMMENTS/ADJOURNMENT

The Council agreed to reconvene into executive session.

 

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

 

Approve