County Council Meeting Minutes
February 15, 2011
County Council of
Regular Meeting Minutes
February 15, 2011
The County Council of Dorchester County met in regular session on February 15, 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)(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 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
Councilmen Bradshaw led the invocation and the pledge of allegiance.
CALL FOR ADDITIONS OR DELETIONS TO AGENDA
There were no additions or deletions to the agenda.
Councilman Nichols left the meeting.
APPROVAL OF MINUTES- FEBRUARY 1, 2011
The Council approved the minutes of February 1, 2011.
APPROVAL OF DISBURSEMENTS
The Council approved vouchers as presented.
FINANICAL REPORT: CASH AND INVESTMENTS
Councilman Newcomb reported total cash and investments as $6,071,756.83.
Councilman Nichols rejoined the meeting.
EXECUTIVE SESSION SUMMARY
The County Council of Dorchester County convened in an Executive Session at 4:30 p.m. on February 15, 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)(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 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: Councilman Newcomb noted that the Council reconvened into an Executive Session at 7:10 p.m. on February 1, 2011 and the following action were taken: 1) approved the recommendation of the Dorchester County Revolving Loan Fund Committee to loan funds to a new business by a 5 to 0 vote; and 2) agreed to seek an adjustment in a lease rate for County owned property pursuant to Economic Development Administration grant guidelines by a 5 to 0 vote. He advised that the Council convened into an Executive Session at 4:30 p.m. on February 15, 2011 and took the following actions: 1) discussed procedures followed by 911 Center personnel – took no further action; 2) approved a request from the Warden of the
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-HURLOCK CHRISTMAS PARADE COMMITTEE
The Council presented a commendation to the following members of the Hurlock Christmas Parade Committee: Michelle Murphy, Earl Murphy, Meagan Novak, Jeff Novak and Rosalind Jackson. Mr. Murphy and Ms. Jackson accepted the commendation.
PROCLAMATION-CHILDREN’S DENTAL HEALTH MONTH
The Council presented a proclamation declaring February 2011 Children’s Dental Health Month. Sara Rich, Vice President of Community Programs, Choptank Community Health System, accepted the proclamation.
The Council adjourned into Legislative Session.
The Council introduced Bill No. 2011-1 AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY, MARYLAND, ACTING PURSUANT TO ARTICLE 66B, SECTION 4.01 et.seq., GENERAL DEVELOPMENT REGULATIONS AND ZONING, OF THE ANNOTATED CODE OF MARYLAND, TO REPEAL CHAPTER 155, SECTION 155-37 OF THE DORCHESTER COUNTY CODE, FLOODPLAIN DISTRICT, AND TO REENACT CHAPTER 155, SECTION 155-37 OF THE DORCHESTER COUNTY CODE, TO BE TITLED, FLOODPLAIN MANAGEMENT DISTRICT, TO ADD NEW SECTIONS “A” THROUGH “UU”, TO REQUIRE COMPREHENSIVE FLOODPLAIN MANAGEMENT REGULATIONS FOR ALL NEW CONSTRUCTION OF RESIDENTIAL AND NON-RESIDENTIAL STRUCTURES, AND SUBSTANTIAL IMPROVEMENTS OF RESIDENTIAL AND NON-RESIDENTIAL STRUCTURES, INCLUDING MANUFACTURED HOMES, LOCATED WITHIN THE FLOODPLAIN MANAGEMENT DISTRICT.
E. Thomas Merryweather, County Attorney, explained that Bill No. 2011-1 is to repeal and reenact Chapter 155, Section 155-37 of the Dorchester County Code, which will change the title of that section from “Floodplain District” to “Floodplain Management Ordinance” and will add new sections “A” through “UU” to require comprehensive floodplain management regulations for all new construction and substantial improvements of residential and non-residential structures, including manufactured homes, located within the floodplain management district.
The Council agreed to proceed with publication of a public hearing on this matter.
REQUEST FOR EXTENSION-COMMUNITY DEVELOPMENT BLOCK GRANT-HOUSING REHABILITATION-DELMARVA COMMUNITY SERVICES
The Council approved the request of Santo Grande, President/CEO of Delmarva Community Services, to submit a request for a three (3) month extension to the Maryland Department of Housing and Community Development for the Housing Rehabilitation Community Development Block Grant awarded to DCS which is due to expire on January 31, 2011 by extending the grant award period to April 30, 2011 in order to complete projects already in progress and to expend the remaining balance of the grant award.
AUTHORIZATION TO SEEK BIDS-ASPHALT OIL-PUBLIC WORKS
The Council approved the request of Chuck Weber, Public Works Director, to advertise a bid proposal for asphalt oil for the 2011 paving season including hot oil mix, tar and chip oil and cold patch oil.
OFFSHORE BLIND AND RIPARIAN RIGHTS RENEWAL-PUBLIC WORKS
The Council approved the request of Mr. Weber to renew the Offshore Blind and Riparian Rights permits at County properties located at the end of
HARPER ROAD DRAINAGE-PUBLIC WORKS
Jane Baynard, County Manager, explained that in October 2010 Mr. Weber presented the Council with three options to address drainage concerns on Harper Road with a recommendation to proceed with one of those options. She said that at that time the Council agreed not to proceed with his recommendation and to consider the repairs as a FY 2012 budget item. She said that based on recent concerns expressed by residents to Councilmen Bradshaw and Price that drainage on this road is an ongoing problem, the matter was back before Council for reconsideration.
Based on inquiries from Council, Mr. Weber explained that his recommendation is to construct a drainage ditch along a portion of Harper Road and a new outlet ditch across private property that fronts Palmer Mill Road which was presented as option three in his October 2010 memorandum to Council. In response to questions from Councilmen Nichols and Travers, Mr. Weber advised that ditches in that portion of the County are prone to sedimentation and that periodic maintenance will be needed if the ditches are constructed.
The Council approved Mr. Weber’s recommendation to construct a drainage ditch along a portion of Harper Road and a new outlet ditch across property owned by Warren McWilliams’ at the estimated cost of $5,000 in materials and $10,000 in labor and equipment from the FY 11 Public Works budget. Councilmen Nichols and Newcomb opposed.
REQUEST FOR SUBMITTALS-AVIATION CONSULTING SERVICES-PUBLIC WORKS
The Council approved the request of Mr. Weber to advertise a request for submittals for aviation consulting services including professional engineer, planning, architectural, and environmental and construction phase services. The Council also agreed to designate Mr. Weber, Bob Tenanty, Airport Manager, and Michael Moulds, Engineer, as the Selection Committee, who will review the proposals submitted by interested firms. The Council acknowledged that the current five year consultant services agreement with URS Corporation is coming to an end and that the Federal Aviation Administration requires Airport Sponsors to undertake a consultant selection process every three to five years.
BID AWARD-WASTE HANDLER BULLDOZER-PUBLIC WORKS
The Council approved the request of Mr. Weber to award the bid to Jesco, Inc. for a John Deere 850K Waste Handler Bulldozer at the cost of $302,540 with a buy-back for the existing Caterpillar D6RXL in the amount of $145,500 to Alban Tractor Co., Inc. The Council acknowledged that funds for this purchase will be from the FY2011 Landfill Enterprise Fund Budget.
STORM WATER MANAGEMENT AGREEMENTS-PUBLIC WORKS
The Council approved the request of Mr. Weber to execute the following Storm Water Management Agreements: The Estate of Elizabeth Morgan for the development of three residential lots at the intersection of Hubbard and Skinners Run roads; Hill’s Electric Warehouse Expansion in Linkwood, and Hooper’s Island Volunteer Fire Company for a parking lot expansion.
REQUEST TO ADVERTISE
The Council approved the request of Mr. Weber to advertise for bids for the replacement of Elliott Island Jetty and approved the proposed plans and specifications for the jetty construction. The Council acknowledged that funding for the project will be provided through a Maryland Department of Natural Resources Waterway Improvement Fund grant with no local match and that the plans and specifications have been forwarded to DNR for review and approval prior to establishing a final bid date. The Council recognized that due to cost and reduced funding levels from the State the plans include the construction of the eastern jetty and some sill work as an alternate to control bank erosion and sedimentation in the marina. The Council further recognized that depending on bids received an adjustment in the work may be needed to stay within the budgeted amount for this project. Additionally, the Council acknowledged that future work, if funding is available, includes replacement of the western jetty realignment of the slips facing the channel entrance and the dredging of marina.
BID AWARD-MATERIALS-BACK CREEK DOCK BULKHEAD REQUEST-PUBLIC WORKS
The Council approved the request of Mr. Weber to award the bid for wood in the amount of $21,083.10 and hardware material in the amount of $2,692.74 to Culpeper Wood, the lowest bidder, for the replacement of the Back Creek Dock bulkhead. The Council acknowledged that funding for the materials will be funded through a Department of Natural Resources Waterway Improvement Grant with no local match.
Charter Review Commission
The Council appointed Dick Newcomb to the Charter Review Commission as an at-large member and deferred appointments for District 2 and District 3 representatives and for an additional at-large member to its March 1, 2011 meeting.
Building Code Appeals Board
The Council reappointed the following individuals to the Building Code Appeals Board to serve a four year term with an expiration date of November 2014: Steve Marshall, a plumbing contractor; Tracey Wright, electrician, and Robert Powell, Timothy Saunders and Glenn Ruark, building contractors.
The Council deferred the appointment of an individual to the Seafood Reconciliation Committee to its March 1, 2011 meeting. The Council acknowledged that Councilman Newcomb will contact Robert Jones, who previously served on that Committee, regarding his willingness to continue to serve on the Board.
The Council took no action on appointing a Council representative to the Dorchester Community Partnership for Children and Families, formerly Local Management Board.
Ms. Baynard noted that Council has received nominations for the Redistricting Commission from the Republican and Democratic Central Committees. The Council deferred the appointment of members to this Commission until its March 1, 2011 meeting. The Council acknowledged that staff will contact the Chairman of the Republican Central Committee regarding the District 2 representative. Councilman Nichols asked Pete Macinta, a Dorchester County resident, to coordinate with Les Simering, a member of the Republican Central Committee, in scheduling a meeting with members of that Committee regarding the possibility of serving as the District 2 appointment.
TRAFFIC SAFETY RECOMMENDATIONS
Ms. Baynard presented the Council with recommendations from the Traffic Safety Committee members based on items discussed at a February 3, 2011 meeting. She noted that the Committee is comprised of Councilman Price, Sheriff James Phillips, Mr. Weber and herself.
Deer Crossing Signage –
The Council approved the Committee’s recommendation to deny the request of Pat Starsoneck and June Olsson,
Speed Reduction Request-Ryan’s
The Council concurred with the Committee’s recommendation that speed bumps not be installed on Ryan’s Run Road and approved the Committee’s recommendation that a traffic study and the review of signage on adjoining roads be conducted based on the request of David Kreek for a speed reduction on that roadway.
Speed Limit Traffic Studies
The Council members acknowledged that pursuant to their directive, speed limit traffic studies were conducted on
The Council approved the recommendation of the Committee to not reduce the 30 mph speed limit on Cabin Creek Ridge Road, based on the traffic study conducted on that road
between the intersections with
Based on the results of the traffic study that was performed on
The Council approved the recommendation of the Committee that the road be posted at 35 mph northbound near the intersection of
Miscellaneous Traffic Discussion
The Council approved the recommendation of the Committee that a traffic counter study of Payne Road in Williamsburg be conducted based on a request from Jerry Edmonston for the placement of a speed limit sign on that road.
In response to a question from Wendell Foxwell, a Dorchester County resident, Councilman Newcomb explained that the Jury Commissioner position is being advertised because the individual who is currently employed in that position has submitted her resignation.
Donald Gray, a Dorchester County resident, advised Council that he spoke to Mr. Weber prior to the meeting regarding his concerns about some County roads. He noted that one matter he did not discuss with Mr. Weber was his concern about the weight limit restriction on the Elliott Island Bridge. He expressed his understanding that some Elliott Island residents will either be having septic systems installed or replaced and questioned whether trucks carrying the materials to undertake that work will be able to cross the bridge. Mr. Weber explained that the operating rating of the bridge is approximately 23,000 lbs and that there is also an inventory rating on that bridge. He further explained that individuals may be able to obtain a permit to cross the bridge if they are within the inventory rating weight range provided the trips across the bridge are infrequent. He said that any individual who wishes to obtain such a permit should contact the Public Works Department.
Mr. Willey expressed his understanding that a vehicle collided with the Elliott Island Bridge and a result one side of the bridge has been damaged. Councilman Bradshaw said he too was aware that a vehicle collided with the bridge. Mr. Weber said he will have staff view the bridge.
Mr. Willey expressed his opinion that Elliott Island Road is in need of repair. He said it is his understanding pursuant to his conversation with Mr. Weber prior to the meeting that there will only be $50,000 available to repair the road once the Elliott Island Shoreline project is completed. He said he believes the repairs that will be needed after the project is finished will be over $50,000. Mr. Weber explained that the $50,000 figure is the total amount of funds that are in the contingency budget for that project. Councilman Newcomb noted that there are several potholes on that roadway that may need to be patched.
Based on a motion made by Councilman Price, the Council agreed to send a letter to John R. Griffin, Secretary of the Department of Natural Resources, requesting that the Council be notified regarding the outcome of the devices and/or brackets that were recently discovered on work boats in the County.
Councilman Price acknowledged that the Hurlock Elementary School recently received a State of Maryland Silver Hammer Award for custodial maintenance. He noted that Council will receive recommendations to fill vacancies on the Social Services Board in the near future.
With no further business to discuss, the Council adjourned.
William V. Nichols, Vice President
Approved the ______day of __________________, 2011.