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Meeting Minutes

Meeting Minutes
posted: 02/08/12

County Council Meeting Minutes


January 17, 2012

County Council of Dorchester County

Regular Meeting Minutes

January 17, 2012

 

The County Council of Dorchester County met in regular session on January 17, 2012 with the following members present: Present were Jay L. Newcomb, President; William V. Nichols, Vice President; and Ricky Travers. Also present were E. Thomas Merryweather, County Attorney; Jane Baynard, County Manager and Donna Lane, Executive Administrative Specialist.  Councilmen Bradshaw and Price were absent.

 

REGULAR SESSION

 

EXECUTIVE SESSION

The Council adjourned from a Regular Session and convened in a closed Executive

Session pursuant to State Government Article pursuant to §10-508(A)(10) to discuss public security, if the public body determines that public discussion would constitute a risk to the public or to public security, including: 

(i) the deployment of fire and police services and staff; and 

 (ii) the development and implementation of emergency plans;  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.

 

REGULAR SESSION

 

INVOCATION AND PLEDGE OF ALLEGIANCE

Councilman Travers led the invocation and the pledge of allegiance.

 

Councilman Newcomb introduced Michael Faith, the new Emergency Services Director.

 

CALL FOR ADDITIONS OR DELETIONS TO AGENDA

 

There were no additions or deletions to the agenda.

Jane Baynard, County Manager, acknowledged that Councilmen Bradshaw and Price have each provided her with a written proxy.

 

APPROVAL OF MINUTES

The Council approved the amended December 6, 2011 minutes and the minutes of January 3, 2012 with Councilmen Bradshaw and Price voting by written proxy to accept both. 


APPROVAL OF DISBURSEMENTS

The Council approved the vouchers with the exception of voucher #150440 in the amount of $701.25 for Wet Dog Car Wash which was held for further review and the reduction of voucher #150417 to the Secretary Volunteer Fire Department for an Emergency Medical Services payment by $2,000 due to the fact the company bills for its ambulance service.   Additionally, Councilman Newcomb abstained for a payment made to him as a reimbursement for costs associated with the Maryland Association of Counties Winter Conference.

 

FINANICAL REPORT: CASH AND INVESTMENTS

 

Councilman Newcomb reported total cash and investments as $4,027,065.93.

EXECUTIVE SESSION SUMMARY

The County Council of Dorchester County convened in an Executive Session at 4:30 p.m. on January 17, 2012 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)(10) to discuss public security, if the public body determines that public discussion would constitute a risk to the public or to public security, including: 

(i) the deployment of fire and police services and staff; and 

 (ii) the development and implementation of emergency plans;  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.         

 

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 a Court of Appeals opinion relating to a public safety matter-requested additional information; 2) discussed a personnel matter relating to the FY 2013 budget; 3) discussed ongoing responsibility for certain administrative functions based on a recent employee resignation-took no action; 4) reviewed a legal document pertaining to a personnel issue; 5) confirmed the hiring by the Circuit Court Judge of an individual as a security guard for the Family Access Center within specific budgeted limitations by a 5 to 0 vote with Councilmen Bradshaw and Price voting by written proxy; and 6) deferred a request to fill a vacant Grants Monitor position.

 

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

PROCLAMATION- MENTORING MONTH-JANUARY 2012   

 

The Council presented a proclamation declaring January 2012 as Mentoring Month which Jessica Mimms, Eastern Shore Director of Big Brothers and Big Sisters, accepted.   

 

UPDATE –NORTH DORCHESTER RAILROAD FEASIBILITY STUDY/REQUEST FOR LETTER OF SUPPORT     

        

David Owens, President, North Dorchester Railroad, Inc. introduced Joy Loeffler, Board member, who presented the Council with a copy of the 2011 feasibility study for a tourist railroad running from the Town of Hurlock to the Town of Preston.  The Council agreed to execute a letter of support with no monetary commitment for the proposed project with Councilmen Price and Bradshaw voting by written proxy.

 

MANAGERS COMMENTS

REQUEST FOR ADDITIONAL FUNDING-CONMED HEALTHCARE MANAGEMENT-MEDICAL SERVICES-DETENTION CENTER

 

Council reviewed a contract renewal, pursuant to a May 17, 2011 bid award, from

ConMed Healthcare Management, the current medical services provider for the Detention Center to include a 2.5% Consumer Price Index (CPI) increase based on the terms of the contract but denied a request to fund a part time administrative assistant position at $17,484.  Council acknowledged the contract renewal period to be July 1, 2012 through June 30, 2013.   Ms. Baynard announced that Councilman Price had agreed to the CPI but opposed the administrative assistant position and Councilman Bradshaw had accepted both.

 

NATIONAL SCENIC BYWAYS PROGRAM GRANT APPLICATION REQUEST-MICHENER CHESAPEAKE COUNTRY SCENIC BYWAY-TOURISM        

 

The Council approved the request of Amanda Fenstermaker, Tourism Director, to submit a FY12 National Scenic Byways Program grant application for $112,000 for the Michener Chesapeake Country Scenic Byway project with a local match of $58,000, consisting of $50,000 from the Town of Vienna; $5,000 from the James B. Richardson Foundation, Inc. and $3,000 in in-kind services by the James B. Richardson Foundation architect, with Councilmen Price and Bradshaw approving by written proxy.  The Council acknowledged that the funds are to be used for development of interpretive plans for the Richardson Maritime Heritage Center in Cambridge and the Captain John Smith Nanticoke Discovery Center in Vienna as well as a water access site in Vienna.

  


REQUEST TO ADVERTISE FOR BIDS-ASPHALT OIL-HIGHWAY/PUBLIC WORKS

 

The Council approved the request of Tom Moore, Public Works Director, to advertise for bids for asphalt oil for the 2012 paving season with Councilmen Price and Bradshaw approving by written proxy.

 

CONFIRMATION OF PRIOR ACCEPTANCE OF ROADS-HIGHWAY/PUBLIC WORKS  

 

The Council approved the request of Mr. Moore to execute a Confirmatory Acceptance of Roads and Release of Road Construction Agreement for Briarpatch Road, Tranquil Trail Road, Marigold Lane and Lowry Lane, in the Rolling Acres Subdivision, to confirm and clarify the names of all County public roads in the previous Acceptance of Roads and Release Agreement dated January 20, 2004 with Councilmen Price and Bradshaw accepted by written proxy.

 

REQUEST TO ADVERTISE REQUEST FOR PROPOSALS-WELL REPLACEMENT-PUBLIC WORKS

 

Council approved the request of Mr. Moore to advertise for proposals for the replacement of the existing potable water well at the Department of Public Works which is included in the FY12 Capital Budget with Councilmen Price and Bradshaw accepted by written proxy.

 

REQUEST FOR MUNICIPAL DELEGATION OF STORM WATER MANAGEMENT ADMINISTRATION TO COUNTY-TOWNS OF EAST NEW MARKET AND SECRETARY-PUBLIC WORKS

 

The Council approved request of Mike Moulds, Engineer, to accept requests made by the Towns of East New Market and Secretary for the County to enforce and administer the County Stormwater Management Ordinance within those towns’ corporate limits with Councilmen Price and Bradshaw agreeing by written proxy.  The Council acknowledged that these requests are based on changes to the County’s Stormwater Management Ordinance in 2010 which necessitated that municipalities readopt this Ordinance, if so desired, and to submit a request for the County to continue administration.   The Council acknowledged that County staff currently administer stormwater management in the Towns of Vienna, Hurlock and Church Creek.  

 

STORM WATER MANAGEMENT FACILITIES MAINTENANCE AND EASEMENT AGREEMENT APPROVAL REQUESTS-PUBLIC WORKS        

 

The Council approved the request of Mr. Moulds to execute Stormwater Management Facilities and Sediment Control Construction Inspection and Maintenance Agreements and Declarations of Easements for the following approved developments: Wright’s Creek Estates Subdivision consisting of 23 single family lots on Cedar Grove Road; a poultry house complex along Centennial Road by Justin and Brad Murphy; and a cell tower by AT&T along Golden Hill Road.    Councilmen Price and Bradshaw approved by written proxy.

 

BRIDGE INSPECTION PROGRAM TRAINING REQUEST-PUBLIC WORKS

 

Based on a request from Mr. Moore, the Council agreed that Mr. Moulds may attend a Bridge Inspection Training Course in Annapolis from February 6 through February 10, 2012 and February 13 to February 17, 2012 at the cost of $2,900 which includes the registration fee ($1,650); bridge tolls ($8); meal allowance ($570) and lodging ($672) from the FY 2012 Highway Division budget, with Councilmen Price and Bradshaw agreeing by written proxy.    The Council acknowledged that this request is pursuant to the new Federal Highway Administration requirement that the individual in charge of the County’s bridge inspection program needs this training in order to meet the qualifications of National Bridge Safety Inspection Standards.   

 

REQUEST TO ADVERTISE FOR BIDS-PROPERTY MAINTENANCE-PLANNING AND ZONING

 

The Council approved the request of Gene Harper, Zoning Inspector, to advertise for bids to perform clean-up services pursuant to Chapter 121 of the County’s Code entitled “Property Maintenance Ordinance” with Councilmen Price and Bradshaw accepting by written proxy.   The Council acknowledged that the current contract expires March 29, 2012.     Based on a question from Councilman Nichols, Ms. Baynard explained that, while the property maintenance vendor is selected by a bid process and is the sole vendor for all required property cleanups, vendors are solicited on a case by case basis for any building demolition conducted by the County.

 

RESOLUTIONS-COUNTY WATER AND SEWER AMENDMENT/COUNTY COMPREHENSIVE PLAN AMENDMENT

 

Council agreed to accept a resolution to amend the County’s Comprehensive Water and Sewer Plan pursuant to a request filed by the Town of Secretary to reflect the replacement of the existing wastewater treatment lagoon with a new Enhanced Nutrient Removal Treatment Plant at the same location on Green Point Road with Councilmen Bradshaw and Price agreeing by written proxy.

 

Council also agreed to accept a resolution to amend the County’s Comprehensive Plan to update the Land Use Chapter and add maps identifying future growth areas for the Towns of Hurlock, East New Market, Secretary, Vienna, Church Creek and the City of Cambridge with Councilmen Bradshaw and Price accepting by written proxy. 


COUNTY REPRESENTATION-CITY OF CAMBRIDGE WATERFRONT ADVISORY COMMITTEE       

 

Based on a request made by Keasha Haythe, Economic Development Director, the Council agreed to change the County representative on the City of Cambridge Waterfront Advisory Committee from Ms. Haythe to Amanda Fenstermaker, Tourism Director, with Ms. Haythe serving as alternate. Councilmen Price and Bradshaw agreed by written proxy.    

 

PUBLIC COMMENTS

Les Simering, a Dorchester County resident, thanked the Council for submitting a letter to local legislators in support of a State law amendment to allow qualified organizations, including local volunteer fire companies, to conduct Bingo events on Sundays.   He said he spoke to Delegate Adelaide Eckardt who will co-sponsor that bill.  Mr. Simering offered the assistance of the Republican Central Committee members in seeking an individual who is interested in serving on the Redistricting Commission to fill the vacancy for the at large position.   He also expressed concern that recent media reports indicate Governor Martin O’Malley supports a shift in pension costs for teachers to local governments, which he opposes.   

 

George Ames, resident, said he received an email regarding the possible shift of teacher retirement costs to local jurisdictions and also opposes the sharing of these costs.  Mr. Ames advised that McDonalds Restaurant closed on January 16, 2012 and that it is his understanding the building will be reconstructed with an anticipated re-opening in May 2012.     Mr. Ames encouraged the Council and the public to work together to promote Dorchester County.

 

Mr. Faith said he is looking forward to working with the community and is willing to meet with organizations in the County regarding emergency services.

  

COUNCIL’S COMMENTS/ADJOURNMENT

Councilman Nichols said it is his understanding that State representatives made the decision in the 1920s to provide retirement to teachers and that he believes it is unfair to now pass those costs to local jurisdictions.   He explained that the Council is responsible for providing Maintenance of Effort funding to the Board of Education and only have categorical authority regarding Board of Education expenditures.

 

Councilman Travers expressed concern about the potential passage of State costs to counties and possible increases in State costs and fees and said he believes the focus should be on reducing expenditures.   He noted that the Council’s FY2013 budget process will be 80% to 90% complete at the end of the legislative session and that the Council may have to make adjustments to that budget to incorporate any changes made by the State.    

 

Councilman Travers recognized that it was reported in a recent newspaper article that State representatives support funding the replacement of the Dover Bridge and expressed his support for that project.

 

In response to a question from Wendell Foxwell, resident, Councilman Newcomb explained that Dorchester County did not fully fund the Maintenance of Effort in FY2012 for the Board of Education but did satisfy its FY2012 local share obligation.

 

The Council agreed to send a letter to Donnie Drewer, District Engineer, State Highway Administration, stressing the need for the repaving of Maryland Route 16 in Church Creek from Brannock’s Neck Road to Golden Hill Road.

 

Councilman Newcomb advised that one individual filed for the Board of Education District 1 seat while two filed for District 3.  He said the incumbent for District 5 filed for that seat as well as two other individuals.  He noted that a budget work session will be held on January 26, 2012 at 4:30 p.m. and that the next County Council meeting is on February 7, 2012 at 6:00 p.m.

 

With no further business to discuss, the Council adjourned.

 

 

ATTEST:                                                         DORCHESTER COUNTY COUNCIL:

 

______________________________            ____________________________________

Jane Baynard, County Manager                     Jay L. Newcomb, President

 

                                                                        ____________________________________

                                                                        William V. Nichols, Vice President

 

                                                                        ____________________________________

                                                                        Ricky Travers

 

                                                                        ____________________________________

                                                                        Rick Price

 

                                                                        ____________________________________

                                                                        Tom Bradshaw

 

Approved the ______day of _______________, 2012.