County Council Meeting Minutes
April 16, 2013
County Council of Dorchester County
Regular Meeting Minutes
April 16, 2013
The County Council of Dorchester County met in regular session on April 16, 2013 with the following members present: Jay L. Newcomb, President; William V. Nichols, Vice President; Ricky Travers; Rick Price and Tom Bradshaw. Also present were E. Thomas Merryweather, County Attorney; and Cindy Smith acting as Executive Administrative Specialist.
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; 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.
Voting in favor of the closed Executive Session were all Council members.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilman Bradshaw led the invocation and the pledge of allegiance.
CALL FOR ADDITIONS OR DELETIONS TO AGENDA
The Council approved the following additions to the agenda: Real Estate Broker-Services Bid/Award – Tech Park- Economic Development
APPROVAL OF MINUTES- APRIL 2, 2013
The Council approved the minutes of April 2, 2013.
APPROVAL OF DISBURSEMENTS
The Council approved vouchers as presented.
FINANICAL REPORT: CASH AND INVESTMENTS
Councilman Newcomb reported total cash and investments as $6,576,771.40
EXECUTIVE SESSION SUMMARY
The County Council of Dorchester County convened in an Executive Session at 5:00 pm on April 16, 2013 in a closed session at Room 110, County Office Building, 501 Court Lane, Cambridge, Maryland, pursuant to the State Government Article pursuant to 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; 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 present 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 at 5:00 p.m. on April 16, 2013 to discuss the following items:
1) Approved a request to hire to fill an Administrative Associate Position at the Economic Development office by a 3 to 0 vote, 1 no vote, 1 absent
2) Confirmed the hiring of a Court Security Officer at the Sheriff’s Office.
3) Discussed with legal counsel and staff a matter regarding the Solar Project Developer Interview process.
4) Discussed with legal counsel concerns regarding municipal utilities connection at County owned leased property. Motioned to forward letter by a 5 to 0 vote.
5) Agreed not to terminate the Incubator Manager Contractual Contract.
6) Approved a request to advertise a part-time Incubator Manager Position by a 4 to 1 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 – 2013 CSDHS SENIOR CLASS PLAY PARTICIPANTS
Council presented the Commendation to Donna James, Director, Mike James, Co-Director and class play participants.
PROCLAMATION – CORRECTIONAL OFFICERS WEEK-MAY 6th-12th, 2013
Council presented the proclamation to Steve Mills, Warden of the Dorchester County Detention Center.
PROCLAMATION – EARTH MOTHER DAY AT HANDSELL-APRIL 21, 2013
Council presented the proclamation to Daniel “Firehawk” Abbott, Shirley Jackson, Midge Ingersoll, Clara Mae Stephens and David Lewis, Nanticoke Historic Preservation Alliance.
PROCLAMATION – OLDER AMERICANS MONTH-MAY 2013
Council presented the proclamation to Mary Handley on behalf of Delmarva Community Services.
PROCLAMATION – CELEBRATE SENIOR CITIZENS MONTH-MAY 2013
Council presented the proclamation to Tom Wilson from the Commission on Aging, Inc. (for Pleasant Day Adult Medical Daycare).
LEGISLATIVE SESSION – BUDGET BILL INTRODUCTION
Council agreed to move into legislative session for the budget. Councilman Newcomb briefly reviewed the budget formation process.
The Council introduced the Ordinance concerning 2013-2014 Annual Budget and Appropriation Ordinance of Dorchester County. Councilman Newcomb stated the County is required to hold 2 public hearings after introduction at which the Council takes public comments. There can be no changes to the budget until after the 2nd public hearing is complete. Those meeting dates will be May 7 and May 14, 2013. Any changes that the Council wants to make will be made after those meetings and incorporated into a new document and the Council will meet again on May 21, 2013 to consider adoption of the budget.
Councilman Newcomb summarized the budget with these points: Budget is $54.8 million which is a 2.6% increase over FY13. The majority of this is in the Capital Budget. Single biggest area of the budget is education at $19.7 million which is 36% of the budget. The school board was given a budget at maintenance of effort level as required by law and the County was required to increase it to offset the new legislation for teacher’s retirement and small increase in enrollment. In addition a large portion of this education portion is for Chesapeake College.
The 2nd largest component of the budget is for public safety, $10.4 million which is 19% of the budget. This is due to another federal mandate known as narrow banding which affects the paging system we use for notifying the local fire departments and EMS and will cost $1 million.
These 2 items make up over one half of the budget. Capital budget is $7.4 million. Staff was then asked to hand out copies of the proposed budget to the citizens attending the meeting and asked if there were any questions on the process. Councilman Newcomb stated that the Proposed Budget Message Fiscal year 2013-2014 and the 2013-2014 Annual Budget and Appropriation Ordinance of Dorchester County are available on the county website at www.docogonet.com and in the Council’s Office during normal business hours.
Council made a motion to introduce 2013-2014 Annual Budget and Appropriation Ordinance of Dorchester County. Motion was passed by a 5 to 0 vote.
Council made a motion to proceed to public hearing. Motion passed by a 5 to 0 vote.
Council made motion to adjourn legislative session. Motion passed by a 5 to 0 vote.
REQUEST TO USE TYLER COVE MARINA – BOAT DOCKING CONTEST – HIFVD
Council agreed to the request to use the Tyler Cove Marina on September 8, 2013 to conduct the Boat docking Contest for a fund raiser for the HIVFD, contingent upon an insurance rider being submitted. HIVFD agreed to repair any damages and clean up after event and that alcohol sold will not leave premises.
REQUEST TO RESERVE COUNTY OFFICE BUILDING ROOM 110/LOBBY FOR 2014 ELECTION ACTIVITIES – ELECTION OFFICE
Councilman Travers noted that they must make other arrangements for times when there are conflicts with the county dates for instance the Board of Licensing in March. Council agreed to the request for use of the county office building Room 110/Lobby for the 2014 Election activities provided it is not in conflict with the existing county schedule.
REQUEST TO EXECUTE CLEAN & LIEN PROGRAM - CHAPTER 121 PROPERTY MAINTENANCE AGREEMENT WITH J&L SERVICES - P&Z
Council agreed to execute the contract with J&L Services for the clean & lien program for one year from date of execution dates. Legal Counsel stated we rebid contract and J&L Services were the low bidder. This is a copy cat contract with some changes, including some housekeeping measures recommended by the Planning and Zoning department and our inspector. The contract has been reviewed by Gene Harper and Steve Dodd and we are prepared to move forward to sign the contract with the successful bidder, J&L Services, Inc.
BID-AWARD – 2013 MARINE FACILITY PORTABLE RESTROOM CONTRACT SERVICES – DPW
Council agreed to accept the low bid from KP Enterprises, LLC for $3,959.28 for portable restrooms for 12 facilities, boar ramps & marine facilities, from May 1- Oct 31, 2013. Two bids were received KP Enterprises for $3,959.28 & Harman’s $5,208.00. Council acknowledged that these services are paid for by DNR Waterway Improvement Fund Grant.
BID-AWARD – 2013 MARINE FACILITY TRASH CONTAINER CONTRACT SERVICES – DPW
Council agreed to accept the low bid from Waste Management for $12,000 for trash containers at 11 facilities, from May 1- Oct 31, 2013. Two bids were received – Waste Management $12,638, Allied Waste $22,700. Recommended accept low bid $12,000 base contract. The $638 is an estimated amount for one additional pick-up. Council acknowledged that these services are paid for by DNR Waterway Improvement Fund Grant.
BID-AWARD-SAILWINDS BOARDWALK REPAIR-DPW
Council agreed to accept the low bid from Living Ecosystems for $5,446.00. Bids were advertised & packages sent to 10 contractors. Bids were opened on 4/9/13 from 5 bidders. Director Moore noted it took some time due to bidding the repairs based on FEMA requirements. He also noted the disparity in bids was due to Living Ecosystems’ proposal is to reuse as much of the deck as possible whereas all others bid new materials. Council acknowledged that these services are paid for by DNR Waterway Improvement Grant Fund. Councilman Travers asked that Director Moore keep a very close eye on the project because of the disparity in bids. Councilman Newcomb informed everyone the Councils concerns were due to disparity in bids from $5,000 to $44,000.
REQUEST TO DECLARE SURPLUS EQUIPMENT-DPW
Council approved the request made by Tom Moore, Director of Public Works to declare 2004 US RD 20 Spin Ditcher, Unit 649, as surplus. Director Moore stated there had been no interest by purchasers in the past and that we should get the weight and set a minimum no lower than scrap value and that he would advertise on GOVDEALS.COM.
REQUEST TO ADVERTISE RFP-HARRIET TUBMAN BYWAY DRIVING TOUR BOOKLET
Council approved the request made by Ceres Bainbridge, MHAA Project Manager to advertise for RFP’s for the reprint of book and map. Council acknowledged that the cost is paid for by FHA and MHAA grant funding and is no cost to County.
REQUEST TO USE COUNTY OFFICE BUILDING PARKING LOT, COURT HOUSE GROUNDS AND ELECTRICAL OUTLETS, ASSISTANCE OF MAINTENANCE DIRECTOR- 37TH DORCHESTER SHOWCASE-DCA
The Council approved the request 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 22, 2013 from noon until 5:00 p.m.
Council agreed to appoint Ms. Kathy Coursey to represent the National Bank of Cambridge.
Economic Development Advisory Council – Board requested the appointment of Ms. Kathy Coursey to represent the National Bank of Cambridge replacing Ms. Jean Sewell who resigned her position at NBC.
Council agreed to reappoint Mr. John Winslow and to execute a letter to the committee stating this reappointment.
Regional Behavioral Health Advisory Committee – Board requested the reappointment to a 2nd 3 year term, Mr. John Winslow. Mr. Winslow has agreed.
Council agreed to reappoint Ms. Patsy Nichols, Mr. Christopher Robinson, Ms. Glenda Vaughan, and Mr. David Wooten.
Adult Public Guardianship Review Board – Board requested the following individuals be reappointed. All have agreed to serve another term: Ms. Patsy Nichols, Mr. Christopher Robinson, Ms. Glenda Vaughan, and Mr. David Wooten.
REQUEST TO SUBMIT FY14 CDBG GRANT APPLICATION ON BEHALF OF DELMARVA COMMUNITY SERVICES (DCS)
Council agreed to submit an FY14 CDBG grant application in the amount of $740,000 on behalf of DCS contingent upon DCS preparing the application and all attachments required and successful due diligence review of DCS’s financial condition by the County staff.
REQUEST TO SOLE SOURCE- ARCHITECT SERVICES – SALVATION ARMY HOMELESS SHELTER PROJECT-SALVATION ARMY
Council agreed to the request from Major Brooks Gilliam via Cindy Smith, Grants Monitor to sole source the architect services on the homeless shelter renovation financed partially by a CDBG grant to Crosby and Associates. Ms. Smith explained that the Department of Housing and Community Development (DHCD) approved an amendment to the original grant contract for $100,000. This additional funding allows for additional work and therefore requires a change in the designs and plans and to change architects at this time would delay the project and incur additional costs. Therefore the Salvation Army in order to follow County procurement policy must get the Council to approve to sole source the contract to Crosby and Associates.
REQUEST TO SUBMIT GOVERNOR’S OFFICE OF CRIME CONTROL AND PREVENTION (GOCCP) SEX OFFENDER COMPLIANCE (SOCM) GRANT APPLICATION-SHERIFF
Council agreed to submit the grant application for the GOCCP SOCM annual grant to help cover cost of staff salary.
REQUEST TO EXECUTE AUDIT CONFIRMATION LETTER – GOVERNOR’S OFFICE OF CRIME CONTROL AND PREVENTION (GOCCP) GRANT REQUIREMENT – CINDY SMITH
Council agreed to execute the audit letter confirming no findings were found during the FY12 audit. Council acknowledges that the GOCCP requires a letter stating that there were no findings during the audit of Fiscal year 2012 to be submitted with the SOCM grant and it will be used for other grant application submittals as required.
BID AWARD- REAL ESTATE MARKETING SERVICES FOR THE DORCHESTER COUNTY REGIONAL TECHNOLOGY PARK
Council agreed to accept the recommendation from Keasha Haythe, Director of Economic Development to award the one year contract to Cassidy and Turley a reputable site selection firm/commercial real estate brokerage. A 5% commission will be paid only when a lot is sold if no co-broker is used and 7% if a co-broker is used.
TELEPHONE POLL CONFIRMATIONS
In the interim between meetings Council, by means of a poll, took the following action(s):
1- The Council agreed not to engage in budget discussion with Chesapeake College representatives at the time they requested on a budget work session Tuesday before last work session by 5-0 vote. Council recognizes need for continued repairs & maintenance but cannot commit to additional funding.
2- Council executed a letter of support for Cambridge completion of Arts & Entertainment recertification and expansion application.
3- Council forwarded correspondence to Shore Health Systems requesting that representatives of Dorchester General Hospital meet with Council to discuss rumors of closures of specific hospital departments.
4- Council agreed to advertise in-house for MEO IV Landfill position by 5-0 vote.
Santo Grande, Delmarva Community Services thanked the Economic Development Department, Cindy Smith and the Council for their support and assistance, and acknowledged, Mr. Batson, Chairperson of DCS board and Kathy Clendaniel, Community Housing Programs and Mary is our senior expert on CDBG.
Wendell Foxwell, Cambridge, asked why the County has to wait for two years for tax sales? Mike Spears believes it is a State Law. Councilman Nichols stated that it has been discussed and there are many seniors who cannot pay tax bills on time. It would do great harm to seniors and he agrees. We decided not to change it at that time. It would cause a great hardship to many citizens.
Councilman Price stated lots of activity up north this weekend. Taxes were the topic of conversation specifically the rain tax. Citizens are concerned about the impact on who and when. Councilman Price did some research through the Comptroller’s Office, Delegate Addie Eckardt’s Office and MACO. It came into place in 2012, HB 1064 cross filed with SB 614 requires county or municipality subject to a specified storm water permit to adopt laws to establish a watershed protection and restoration program before July 1, 2013. Phase 1starts on July 1st 2013 but none of the counties required in this law are on the Eastern Shore. He congratulated the Tri-City Little League on opening day ceremonies.
Councilman Bradshaw added a side note to Councilman Price’s statement, the state of Virginia sued the EPA because this is where the storm water mandate came from. The court sided with state saying that the EPA could not declare storm water as a pollutant because it naturally occurs. Shows difference between Virginia and Maryland. He mentioned library meeting tomorrow night at 6 pm by the Nanticoke Watershed Alliance asked the Clean Chesapeake Coalition (CCC) to have a round table discussion regarding the Conowingo Dam effect on the bay. CCC has brought attention to this sediment problem.
Councilman Newcomb noted that Council normally meets the 1st and 3rd Tuesday of the month but since we are in budget season meetings will be held on, May 7th, May 14th and May 21st, 2013.
With no further business to discuss, the Council adjourned.
ATTEST: DORCHESTER COUNTY COUNCIL:
Donna Lane, Executive Administrative
William V. Nichols, Vice President
Approved the ______day of _______________, 2013.