County Council Meeting Minutes
January 18, 2011
County Council of
Regular Meeting Minutes
January 18, 2011
The County Council of Dorchester County met in regular session on January 18, 2011 with the following members present: Present were Jay L. Newcomb, President; William V. Nichols, Vice President; Ricky Travers; Rick Price and Tom Bradshaw. Also present were E. Thomas Merryweather,
The Council adjourned from a Regular Session and convened in a closed Executive
Session pursuant to State Government Article pursuant to §10-508(A)(3) to consider the acquisition of real property for a public purpose and matters directly related thereto; 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; and 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.
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- JANUARY 4, 2011
The Council approved the minutes of January 4, 2011.
APPROVAL OF DISBURSEMENTS
The Council approved vouchers as presented.
FINANICAL REPORT: CASH AND INVESTMENTS
Councilman Newcomb reported total cash and investments as $7,453,954.78.
EXECUTIVE SESSION SUMMARY
The County Council of Dorchester County convened in an Executive Session at 4:30 p.m. on January 18, 2011 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) (3) to consider the acquisition of real property for a public purpose and matters directly related thereto; 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) received an update from staff on a possible economic development project-took no action; 2) received an update from staff and reviewed draft covenants for the Dorchester Regional Technology Park-took no action other than agreed to continue discussions of covenants in open session; 3) received from staff information regarding an existing Community Development Block Grant for a local business- requested staff monitor that County’s specific obligations; 4) discussed with legal counsel emergency medical services appropriations to volunteer fire companies-requested staff follow up with more information; 5) received staff update regarding a possible presentation on the Mid Atlantic Power Pathway Project –agreed to meet with Special Legal Counsel; 6) confirmed the hiring of an individual to fill a vacant grant funded Family Support Services Coordinator by Circuit Court Judge by a 5 to 0 vote.
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.
COMMENDATION-POP WARNER VIKINGS PEE WEE FOOTBALL TEAM
The Council presented commendations to the members of the Pop Warner Vikings Pee Wee Football team for finishing as runner up in the Eastern Region Division III Championship in Tom’s River, New Jersey on November 20, 2010 and finishing second out of over 100 teams in the Eastern Region in 2010.
The team members and coaches accepted the commendations.
Based on a request from Keasha Haythe, Economic Development Director, the Council approved the Declaration of Covenants and Easements for the Dorchester Regional Technology Park but took no action to appoint a County representative to the Architectural Committee, which is to be established pursuant to the covenants.
TRAVEL REQUEST-ECONOMIC DEVELOPMENT
The Council approved the request of Ms. Haythe to travel as part of the official delegation from
FLOODPLAIN MANAGEMENT ORDINANCE REFERRAL REQUEST-PLANNING AND ZONING
The Council approved the request of Rodney Banks, Assistant Planning and Zoning Director, to refer to the Planning Commission for review and recommendation proposed legislation for a text amendment to the County’s Zoning Ordinance to revise and update the Floodplain Management Ordinance. The Council requested that the Planning Commission members submit their findings for consideration no later than its February 1, 2011 meeting in order to allow appropriate time to meet legislative deadlines and protect the County’s inclusion in the National Flood Insurance program.
FY12 RURAL LEGACY APPLICATION APPROVAL-PLANNING AND ZONING
The Council approved the request of Mr. Banks to submit applications for the Marshyhope Rural Legacy Focus Area and Nanticoke Rural Legacy Focus Area to the State for FY 2012 Maryland Rural Legacy Program grant funds with the Marshyhope area being the priority application for the year.
FY10 EMERGENCY SHELTER GRANT AWARD-DELMARVA COMMUNITY SERVICES
The Council approved the request of Santo Grande, President/CEO of Delmarva Community Services, to accept and execute the 2010 Emergency Shelter Grant in the amount of $35,000 from the U.S. Department of Housing and Urban Development to support homeless assistance with no county match for a grant period from October 1, 2010 through September 30, 2012.
The Council approved the request of Garrick Cook, Minister of the Cambridge Church of Christ, to provide a Letter of Welcome to be included in a souvenir booklet to be distributed to attendees of the 2011 Mid Atlantic Lectureship to be held at Governor’s Hall in
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT-FY11 RENTAL ASSISTANCE-LOCAL MANAGEMENT BOARD
The Council approved the request of Nancy Shockley, Local Management Board Director, to submit to the Maryland Department of Housing and Community Development a Rental Assistance Program Grant application for funding for FY 2011 of $40,000 with no local match and an allowance for up to 10% of the total award being available for administrative costs. The Council acknowledged that Delmarva Community Services acts as the Community Action Agency for Dorchester County and provides full implementation of the program while Local Management Board office staff provide management and oversight and process all rental allowance payments.
REQUEST TO ADVERTISE FOR PROPOSALS-BACK CREEK DOCK MARINE FACILITY MATERIAL-PUBLIC WORKS
The Council approved the request of Chuck Weber, Public Works Director, to advertise for proposals for material to renovate the Back Creek Dock Marine Facility bulkhead to be purchased with Maryland Department of Natural Resources Waterway Improvement Fund grant funds.
MAPLE DAM ROAD-WEIGHT RESTRICTION-PUBLIC WORKS
Based on the recommendation of Mr. Weber, the Council agreed to impose a weight restriction on Maple Dam Road at a limit of 15 tons or 30,000 pounds with an exemption for emergency vehicles and County Highway trucks for snow removal and other maintenance work. Councilman Travers opposed. The Council acknowledged that the weight limit will allow for small delivery trucks but will restrict loaded dump trucks and tractor trailers.
BLACKTOP PLANT REPAIRS
Based on information provided by Mr. Weber, the Council approved an expenditure of $8,700 for repairs to the County’s blacktop plant in order for the plant to be operational for the Spring of 2011 to include: blower fan motor and bearing, $1,500; repairs to feeder bins, $500; drive chain and sprockets for drum, $3,000; replace hot oil tank and flush system, $1,200; replace pins and bushing in silo doors, $2,500. Council acknowledged that the repairs will be paid for with funds from the FY 11 Public Works budget or may be offset by billable income if available. The Council approved an increase in the hourly rate for billable jobs for the operation of the plant from $400 to $500 per hour. Council recognized that any further repairs to the Blacktop Plant would be dependent upon future budgets.
ROAD IMPROVEMENT REQUEST-GRAVEL PIT-PUBLIC WORKS
The Council approved Mr. Weber’s request to review a proposal of Ed Nossick, a Dorchester County resident, to have County staff place a 5 inch overlay of blacktop on Milligantown Road and a 1.5 inch overlay on Bobtown Road as part of the site plan approval for permits for a surface mining operation to be operated by Mr. Nossick on Milligantown Road. The Council authorized Mr. Weber to use his discretion to determine if the project is feasible and in the best interest of the County. The Council acknowledged that Mr. Nossick will be required to post a bond of 125% of estimated costs of improvements prior to any work proceeding.
REQUEST TO ADVERTISE FOR BIDS-LANDFILL BULLDOZER-PUBLIC WORKS
The Council approved the request of Mr. Weber to advertise for bids for a Landfill bulldozer and acknowledged that funds are available in the FY 2011 Solid Waste Capital Budget for the purchase of the equipment with the understanding that a buyback exists for the equipment of $145,500.
GRANT EXTENSION REQUEST-FY10
The Council approved the request of Amanda Fenstermaker, Tourism Director, to execute a Letter of Concurrence for a six month extension of the FY 2011 Maryland Heritage Area Authority grant entitled “Interpreting and Preserving the Bestpitch Ferry Bridge” to July 31, 2011 for the completion of sign fabrication and to process remaining payments.
REQUESTS FOR SUPPORT OF LEGISLATION-2011 MARYLAND GENERAL ASSEMBLY
Board of Elections
Jane Baynard, County Manager, noted that at its December 21, 1010 meeting the Council deferred a request from Karin Kuntz, Election Director, on behalf of the Dorchester County Board of Elections, for a letter of support for proposed legislation to elevate the substitute members of the Dorchester County Elections Board to full board members and had requested clarification on how the legislation may increase costs for that office. The Council reviewed information provided by Ms. Kuntz and determined they would not support the request based on anticipated cost increases.
The Council, based on a request from Donna Towers on behalf of the Dorchester Center for the Arts, agreed to execute a letter of support for that organization’s Bond Bill request to the Maryland General Assembly for $75,000 for the addition of a rear atrium entrance for ingress and egress to the second floor Performance Hall in the building located at 321 High Street with the caveat that there would be no local commitment on the part of the County.
BOARD APPOINTMENTS-CHARTER REVIEW COMMISSION
The Council deferred the appointment of additional members to the Charter Review Commission representing Districts 1, 2 and 3 and two at large members, to its February 1, 2011 meeting and acknowledged its January 4, 2011 appointment of members to the Commission to represent Districts 4 and 5.
TELEPHONE POLL CONFIRMATION
Ms. Baynard stated that in the interim between meetings the Council, by means of telephone poll, agreed to send a congratulatory letter to Senator Barbara Mikulski on her fifth term and for being the longest serving female in the history of the United States Senate by a 5 to 0 vote.
Les Simering, a Dorchester County resident, said it his recollection that during the 2010 election Sheriff James Phillips advised that emergency response procedures have been established for all office buildings and questioned whether there was such a procedure in place for the County Office Building. Councilman Newcomb noted that Sheriff Phillips is responsible for security at the County Office Building. Ms. Simering asked Council to take a pro active stance against graffiti, noting that several buildings within the County have been vandalized.
Mr. Simering provided four proposals to Council that he believes will generate revenue and asked that each be considered at the upcoming January 27, 2011 budget work session. Mr. Simering suggested that the Council consider partnering with Chesapeake College to develop a welding apprenticeship program which will allow students the opportunity to use their welding skills on County equipment in the hopes of reducing maintenance and repair costs.
Based on an inquiry from Mr. Simering, Mr. Weber said he is working with Finance staff to develop a final accounting of snow removal costs for the snow events that have occurred during the current fiscal year for presentation to the County Council.
Wendell Foxwell, a Dorchester County resident, expressed his opinion that the empty commercial buildings located within the City of Cambridge limits need to be aggressively marketed. He also encouraged County Economic Development staff to actively seek prospective purchasers/business owners who may be interested in locating or relocating their business within the County. He questioned whether local Economic Development professionals had prior knowledge of the businesses locating in Talbot County. Councilman Newcomb asked Mr. Foxwell to address his questions to the City Council because the vacant buildings are within that municipality and there is a City Economic Development office.
Donald Gray, a Dorchester County resident, expressed his understanding that there are federal stimulus funds available for the paving of the entire length of the roadway that is being used by construction traffic for the Elliott Island Shoreline project once the project has been completed. Mr. Weber advised that it is his intention to use any remaining contingency funds from that project to repair damages to the road but that there are neither plans nor funds available to pave the entire roadway.
Pete Macinta, a Dorchester County resident, noted that he recently visited the County’s recycling center on Siding Road and did not see the street identification sign that was previously posted at that facility. Mr. Weber said he will have staff view the area and repost the sign if necessary.
Based on a recommendation made by Councilman Bradshaw, the Council agreed to meet with Town of
In response to an inquiry from
The Council appointed Councilman Price as the Council representative on the Local Emergency Planning Committee.
Councilman Newcomb noted that the County Council will be meeting with the City of Cambridge Council for dinner for a “meet and greet” on January 25, 2011 at no cost to the County.
He announced that the next County Council meeting is scheduled for February 1, 2011.
With no further business to discuss, the Council adjourned.
William V. Nichols, Vice President
Approved the ______day of ________________, 2011.