County Council Meeting Minutes
April 10, 2012
County Council of Dorchester County
Regular Meeting Minutes
April 10, 2012
The County Council of Dorchester County met in regular session on April 10, 2012 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, County Attorney;
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; §10-508(A)(3) to consider the acquisition of real property for a public purpose and matters directly related thereto; §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; §10-508(A)(14) before a contract is awarded or bids are opened, discuss a matter directly related to a negotiating strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process; §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.
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
The Council agreed to add to the agenda a request to advertise a Motor Equipment Operator III position at the Landfill.
APPROVAL OF MINUTES- MARCH 20, 2012
The Council approved the March 20, 2012 minutes.
APPROVAL OF DISBURSEMENTS
The Council approved vouchers with Councilman Travers abstaining for payments made to Simmons Center Market.
FINANICAL REPORT: CASH AND INVESTMENTS
Councilman Newcomb reported total cash and investments as $3,890,405.32.
EXECUTIVE SESSION SUMMARY
The County Council of Dorchester County convened in an Executive Session at 4:30 p.m. on April 10, 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)(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; §10-508(A)(3) to consider the acquisition of real property for a public purpose and matters directly related thereto;
§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; §10-508(A)(14) before a contract is awarded or bids are opened, discuss a matter directly related to a negotiating strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process; §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.
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 announced that the Council convened into an Executive Session on March 29, 2012 to discuss a personnel item-agreed to allow Human Resources Director to advertise for on-call equipment operators at the Landfill.
Councilman Newcomb noted that the Council convened into an Executive Session at 4:30 p.m. on April 10, 2012 to consider the following items: 1) discussed with Public Works Director information pertaining to personnel in Landfill Division; and approved a request to fill and advertise a Motor Equipment Operator III position at the Landfill due to an employee resignation; 2) received an update on a possible economic development project-requested additional information; 3) discussed a matter directly related to a negotiating strategy or the contents of a bid or proposal-requested additional information; 4) discussed matters relating to the Dorchester Regional Technology Park –requested additional information and agreed to continue discussion at April 17, 2012 executive session meeting.
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.
AN ACT OF THE COMMENDATIONS-CAMBRIDGE SOUTH DORCHESTER HIGH SCHOOL SENIOR PLAY PARTICIPANTS
The Council presented commendations to the participants of the Cambridge South Dorchester High School 2012 Senior Class Play entitled “Grease.” Donna and Mike James, Directors, and cast members accepted the commendations.
INVITATION/DISCUSSION – “SOUTH DORCHESTER COMMUNITY CONVERSATION”-NANCY HASTINGS
Nancy Hastings, member of Old Trinity Church, extended an invitation to the Council to attend a “South Dorchester Community Conversation” event which will be held on April 22, 2012 at the South Dorchester Pre-K to 8 School in Golden Hill from 3:00 p.m. to 6:30 p.m. She noted that the event is initiated by Old Trinity Church in Church Creek and is funded by a grant from the Jessie Ball DuPont Fund. She explained that community members will be divided into small groups in order to have the opportunity to discuss how to support and assist community members who are need.
Councilman Nichols joined the meeting.
The Council introduced Bill No. 2012-1 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, AND TITLE 27, SUBTITLE 01, CHAPTER 09, OF THE CODE OF MARYLAND REGULATIONS (COMAR) FOR HABITAT PROTECTION AREAS IN THE CRITICAL AREA, TO AMEND CHAPTER 140, SUBDIVISION REGULATIONS, ARTICLE XII, CRITICAL AREA PROTECTION, SECTION 140-54, INTRAFAMILY TRANSFERS, TO ADD ADDITIONAL STANDARDS AND PROCEDURES FOR INTRAFAMILY TRANSFER SUBDIVISIONS, AND TO AMEND CHAPTER 155, ZONING, ARTICLE VII, DISTRICT REGULATIONS, SECTION 155-13, TERMS DEFINED, SECTION 155-67, EXPANSION OR MODIFICATION OF NONCONFORMING USES OR STRUCTURES, SECTION 155-38, CA CRITICAL AREA PROTECTION DISTRICT, OF THE DORCHESTER COUNTY CODE, AND TO ADD SECTION 155-38K, BUFFER EXPANSION, TO ESTABLISH EXPANDED BUFFER STANDARDS AND PROCEDURES BY REQUIRING REGULATIONS THAT APPLY TO DEVELOPMENT WITHIN THE EXPANDED CRITICAL AREA BUFFER REGARDING BUILDING PERMITS, INTRAFAMILY TRANSFER SUBDIVISIONS, REASONABLE ACCOMMODATIONS FOR EMERGENCY SERVICES, FEE-IN-LIEU OF BUFFER MITIGATION, AND ADMINISTRATIVE VARIANCES.
E. Thomas Merryweather, County Attorney, said the legislation before the Council is a text amendment to the County’s Zoning Ordinance and Subdivision Regulations for refinements to the County’s Critical Area Program. He noted that staff at the Office of Planning & Zoning, the Planning Commission and the Critical Area Commission worked together for approximately two years to develop these proposed refinements. He said the Planning Commission reviewed the text amendment at its March 7, 2012 meeting, at which time the members unanimously agreed to recommend that the Council approve the legislation.
The Council agreed to proceed with publication of a public hearing.
Ms. Baynard noted that the Council deferred the introduction of local legislation to amend the County’s Ethics Ordinance to reflect requirements adopted in the 2011 Maryland General Assembly because there was State legislation pending in the current 2012 legislative session that may result in changes being made to those requirements. She said the introduction of this legislation will be held on April 17, 2012.
The Council adjourned to Regular Session.
REQUEST TO USE COUNTY OFFICE BUILDING-DORCHESTER SHOWCASE-DORCHESTER CENTER FOR THE ARTS
The Council approved the request of Susan Lazur, Dorchester Showcase Coordinator, on behalf of the Dorchester Center for the Arts, to use the parking lot of the Dorchester County Office Building and the Court House grounds and electrical outlets for the Dorchester Showcase for performance and demonstrations to be held on Sunday, September 23, 2012 from noon until 5:00 p.m.
ECONOMIC DEVELOPMENT SUMMIT REQUEST
The Council approved the request of Keasha Haythe, Economic Development Director, to hold an Economic Development Summit on Monday, December 10, 2012 at the Chesapeake Bay Hyatt Regency. The Council acknowledged that the estimated cost to market and promote the summit of approximately $3,000 will be covered through the FY13 Economic Development Budget or through fees charged to each participant to attend the event. The Council further acknowledged that staff will ask regional and statewide private and public stakeholders for sponsorships to assist in defraying the cost of the event and that the Hyatt will provide an in-kind contribution. The Council also approved the Economic Development Office staff partnering with the Eastern Shore Entrepreneurship Center (ESEC) to hold a business plan competition to attract new entrepreneurs on Sunday, December 9, 2012 which will be sponsored by ESEC at no cost to the County.
Ms. Haythe noted that the theme for the event is “Linking Economic Development and Technology in Rural America” and that the focus of this event is on marketing the new Dorchester Regional Technology Park. She said Dr. Freeman A. Hrabowski, II, President of University of Maryland Baltimore County, will be the keynote speaker.
In response to a question from Wendell Foxwell, resident, Ms. Haythe noted that the recent job fair held by the Economic Development Office included a mixture of entry level and management positions which were available to County residents.
TRAFFIC SAFETY CONCERN-
Newhart Mill Road-Chip Storm
The Council agreed to forward to the Traffic Safety Committee a request of Chip Storm, resident, to allow residents on Newhart Mill Road to pay for the installation of two additional signs on that road, based on her understanding that the Council only agreed to place two signs on that road.
The Council also agreed to forward to the Traffic Safety Committee the request of Vernon and Merry Webb, residents, for the placement of a Children At Play sign for 4364-4374 Egypt Road, Cambridge.
HIGHWAY STRIPING REQUEST-PUBLIC WORKS
The Council approved the request of Tom Moore, Public Works Director, to advertise for bids for highway striping. The Council acknowledged that $25,000 is allocated in the FY12 Highway Division Operating Budget for contractual services for this work.
BID AWARDS-2012 MARINE FACILITIES-TRASH CONTAINER SERVICES/PORTABLE RESTROOM SERVICES-PUBLIC WORKS
The Council, based on the recommendation of Mr. Moore, agreed to award the contract for 2012 Marine Facility Trash Container Services to Waste Management, Inc. from Wilmington, DE in the amount of $12,000 for the period of May 1 to October 31, 2012. The Council recognized that two 8 yard trash containers will be placed at the following boat ramps: Hoopersville, Ragged Point, Tyler’s Cove, Taylors Island, Madison, Trenton Street, Kirwans Wharf, Wingate and Golden Hill. The Council further recognized that one 8 yard trash container will be located at the Crochern and Elliott’s Island boat ramps. The Council acknowledged that 100% funding for the contract is being provided by the Department of Natural Resources.
The Council also approved the recommendation of Mr. Moore to award the contract for 2012 Marine Facility Portable Restroom Services to Harman’s Septic Care of Cambridge in the amount of $4,104 for the period of May 1 to October 31, 2012 for the following locations: Hoopersville, Elliotts Island, Shorters Wharf, Ragged Point, W. Tedious Creek, Crocheron, Golden Hill, Wingate, Kirwans Wharf, Tylers Cove, Taylors Island Ramp and Madison. The Council acknowledged that 100% funding for the contract is being provided by a Department of Natural Resources Waterway Improvement Fund grant.
ABANDONED BOAT REMOVAL AT ELLIOTT ISLAND CONTRACT AWARD-PUBLIC WORKS
The Council approved the recommendation of Mr. Moore to award the removal of an abandoned boat at the County’s Elliott Island Marine Facility to Living Ecosystems, lowest bidder, at the cost of $9,805 for the boat removal and replacement of four mooring piles. The Council acknowledged that the cost of this project will be funded by a Department of Natural Resources grant and that the County will be responsible for supplying the mooring piles and for the disposal of the boat and other debris.
REQUEST TO RE-ADVERTISE REQUEST FOR PROPOSALS-HARRIETT TUBMAN CENTENNIAL MAP & DRIVING GUIDE-TOURISM
The Council approved the request of Amanda Fenstermaker, Tourism Director, to re-advertise a request for proposals to design the Tubman Centennial Map and Driving Guide which will be funded by grants from the Maryland Heritage Area Authority and the Federal Highway Administration, based on only one bid being received.
AMENDMENT TO ROAD CONSTRUCTION AGREEMENT-MARSHYHOPE BRANCH SUBDIVISION-PLANNING AND ZONING
The Council approved the request of Steve Dodd, Planning and Zoning Director, to execute a Third Amendment to the Public Road Construction Agreement between Nielsen Land Venture, LLC and the Dorchester County Council for the Marshyhope Branch Subdivision to extend the terms of the original agreement executed in 2007 to February 1, 2015.
CONFIRMATION-LOCAL GOVERNMENT INSURANCE TRUST TRAINING GRANT APPLICATION-EMERGENCY SERVICES
The Council confirmed the submission of a Local Government Insurance Trust Training Grant Application by Michael Faith, Emergency Services Director, for funds for emergency vehicle operator training in the amount of $22,400 for eight employees ($4,800) and eight hours of operator refresher training classroom instruction for 120 employees ($17,600). The Council acknowledged that Ms. Baynard authorized the submission of the grant application to meet an April 3, 2012 deadline.
700 MHZ STATEWIDE RADIO SYSTEM UPDATE-EMERGENCY SERVICES
Based on the recommendation of Mr. Faith the Council agreed to enter into a Memorandum of Understanding between the State of Maryland Interoperability Program Management Office and Dorchester County for the sharing of equipment, facilities and radio operating data for 15 years with a 180 day termination clause. The Council acknowledged that pursuant to this agreement the State of Maryland will add its radio communications equipment to the County’s tower located at the Dorchester County Health Department and in return will conduct a structural analysis of that tower through its contractors and will provide a new shelter for the equipment, at no cost to the County. The Council authorized Mr. Faith to execute this document on behalf of the County. Furthermore, the Council recognized that entering in this agreement does not obligate the County to participate in any future State plans to construct a State-wide 800 MHz radio communications system. Mr. Faith advised Council that Roger Harrell, Health Officer, is in agreement with the modifications that may be necessary at that property.
RECOMMENDATION TO INCREASE EMS BILLING RATES-MEDICAL CLAIM AID-EMERGENCY SERVICES
Based on the recommendation of Medical Claim Aid and Mr. Faith, the Council agreed to increase ambulance billing rates to the maximum amount allowable by Medicare effective January 1, 2012 as follows: Advanced Life Support II base rate from $600 to $650; the Advanced Life Support base rate from $550 to $600, the Basic Life Support base rate from $375 to $425; and mileage from $13 to $15.
INTERLOCAL AGREEMENT-2012 BYRNE JUSTICE ASSISTANCE GRANT PROGRAM-CITY OF CAMBRIDGE
The Council approved the request Valerie Mann, Grant Writer, to submit a grant application to the United States Department of Justice under the 2012 Byrne Justice Assistance Grant program in the amount of $10,513, with no local match, to be granted to the City of Cambridge Police Department to purchase equipment for that department’s police vehicles. The Council acknowledged that it is a Byrne Justice Assistance Grant program requirement that the Interlocal Grant Agreement be executed by the County and the City despite the Sheriff’s Office not being eligible for these funds.
Regional Mental Health Advisory Committee
The Council approved the request of Holly Ireland, Mid Shore Mental Health Systems Executive Director, to appoint Carol Masden and David Funk as County representatives to fill the appointments of Michelle Garrett and Elicia Perez which expired in June 2011 and acknowledged that their appointments will expire May 2015.
Adult Public Guardianship Review Board
The Council approved the request of William McDonnell, Social Services Director, to reappoint Dr. Evangeline Garcia to the Adult Public Guardianship Review Board and acknowledged that her term expires on August 30, 2011.
Delmarva Water Transport Committee
The Council approved the request of Mr. Moore to change the County’s representative on the Delmarva Water Transport Committee from Bob Tenanty, Airport Manager and Senior Engineer, to Michael Moulds, Engineer, because his current work tasks are more related to waterborne commerce.
CONFIRMATION OF TRANSFER OF VEHICLES-YOUTH SERVICES PROGRAM
The Council acknowledged that the two vans that were used by the County’s Youth Services Department staff will be transferred to the Dorchester County Health Department based on its July 19, 2011 decision to transfer grant funds for the local Youth Services Bureau to that agency based on a contract with the Health Department to administer those services at the recommendation of the Local Management Board. The Council recognized that Councilman Newcomb, as President, will execute those titles.
COUNCIL’S CORRESPONDENCE/TELEPHONE POLL CONFIRMATIONS
Ms. Baynard noted that in the interim between meetings Council agreed to send the following correspondence: 1) a congratulatory letter to the Cambridge Alumnae Chapter of Delta Sigma Theta Sorority, Inc. in recognition of its 60th anniversary celebration to be included in its anniversary souvenir booklet; 2) a letter of support for Senate Bill 948 “Ethics-Financial Disclosure by Local Elected Officials and County Boards of Education” with amendments offered by the Maryland Municipal League which will clarify the new financial disclosure requirements for elected officials and school board members pursuant to legislation that passed in 2010.
She said also in the interim between meetings Council, by means of a poll, took the following actions: 1) selected David J. McMullen Professional Plumbing & Heating for the emergency replacement of the natural gas water heater at the Detention Center, which company, submitted the lowest of three quotes obtained, at the cost of $8,175 by a 5 to 0 vote; 2) agreed to allow the Human Resources Director to advertise for on-call equipment operators at the Landfill by a 5 to 0 vote; and 3) agreed to advertise an Airport Technician I on-call position due to the resignation of an employee by a 5 to 0 vote.
REQUEST TO ADVERTISE-MOTOR EQUIPMENT OPERATOR III-LANDFILL
The Council agreed to advertise a Motor Equipment Operator III position at the Landfill due to an employee resignation.
In response to a question from Donald Gray, resident, Councilman Newcomb stated that several companies have expressed an interest in locating to the new Dorchester Regional Technology Park. Mr. Gray said it is his understanding that residents are concerned that funds are continuing to be allocated to the Park in light of the current economic downturn.
Based on questions from Mr. Foxwell, Councilman Newcomb explained that in addition to the County, the Maryland Economic Development Corporation, the Department of Business and Economic Development and the City of Cambridge are contributing funds for the construction of the Dorchester Regional Technology Park. He further explained that the Council has bonding authority of $2.2 million for the Park and have received $3 million in grant funds from the Econcomic Development Administration for the project in addition to funds received by the City of Cambridge and the State of Maryland’s commitment.
At the recommendation of Councilman Price, the Council agreed to reappoint Betty Lowe on the Social Services Board as the District 4 representative and acknowledged that Ms. Lowe’s term will expire on June 30, 2015.
Based on concerns expressed by Councilman Price about current dry weather conditions, the Council instructed Ms. Baynard to contact Scott Daniels, Forester, to obtain his opinion on whether a burn ban should be implemented in Dorchester County.
Councilman Price noted that emergency responders and Caroline County residents have expressed concern about the current condition of the Dover Bridge and have asked the Council to remain diligent in pursuing the replace of that bridge.
Councilman Nichols noted that the 2012 Maryland General Assembly Legislative Session ended last night and expressed concern that several pieces of legislation that were passed during that session will result in costs being shifted to local jurisdictions. He explained that a State FY 2013 budget was not adopted and expressed his opinion that a special session will be called so legislators can proceed with adopting a budget for that fiscal year. He expressed his concern that Governor Martin O’Malley made remarks about not having the funds to repair and/or replace bridges when he was responsible for transferring funds from the State’s Transportation to other areas of the current State budget to cover budget deficits.
Councilman Newcomb announced that a budget work session will be held on April 12, 2012 at 4:30 p.m. and that the next County Council meeting is scheduled for April 17, 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
Approved the ______day of _______________, 2012.