Easton, Marylandminutesnovember 27, 2007
Minutes – November 27, 2007
Page 1
Easton, MarylandMINUTESNovember 27, 2007
Present – President Thomas G. Duncan, Vice President Philip Carey Foster, Dirck K. Bartlett, Levin F. Harrison, IV, Corey W. Pack, CountyManager R. Andrew Hollis, AssistantCounty Manager James Urbanczyk, and CountyAttorney Michael L. Pullen.
I.Minutes - Minutes of November 13, 2007were approved upon motion by Mr. Harrison, seconded by Mr. Pack, with the Council voting 5 - 0 as follows:
Mr. Duncan - Aye
Mr. Pack - Aye
Mr. Foster - Aye
Mr. Bartlett - Aye
Mr. Harrison - Aye
II.Disbursements – Disbursements of November 20, 2007, and November 27, 2007were approved upon motion by Mr. Foster,seconded by Mr. Harrison, with the Council voting 5 - 0as follows:
Mr. Duncan - Aye
Mr. Pack - Aye
Mr. Foster - Aye
Mr. Bartlett - Aye
Mr. Harrison - Aye
III.Presentation of Certificate of Recognition to the Moore Family in Honor of their "Century Farm" Designation - The presentation of the Certificate of Recognition to the Moore family was postponed at the family's request to a future date.
IV.Quarterly Update by Maryland Environmental Service - Steve Tomczewski, Executive Director,
Environmental Operations Maryland Environmental Service; Bill Chicca, Chief - Solid Waste Engineering
Chief, Solid Waste Engineering, Environmental Operations, Maryland Environmental Service- Mr.
Tomczewski briefed the Council on thestatus of the Mid-Shore II Landfill Project in CarolineCounty: (1)
a joint State Wetland Permit applicationhas been submitted to the Maryland Department of the
Environment (MDE); a meeting is scheduled forNovember28, 2007 to review any issues of concern to
MDE; (2) contractor Geosyntec is scheduled tocomplete Phase III landfill permit design for presentation to
MDE; discussion of Phase III submittal isscheduled for December 20, 2007; and (3) progress on traffic
study updates continue - several meetingshave been held with the four counties. Mr. Tomczewski also
gave an overview of the Master ProjectSchedule which includes Mid-Shore I: (1) there have been 207 days
since the last odor complaint wasfiled withMid-Shore I - Mr. Tomczewski reported that "odor
sergeants" monitor weather conditions so thatodor agentscan be used proactively to minimize odors; (2)
capacity atMid-Shore I is sufficient until Mid-Shore IIcomes on line; (3) discussions are on-going for
alternative usesof landfill gases; (4) treatment of leachateproduced by Mid-Shore I is currently being
treated at the newadjacent Easton WastewaterTreatment Plant;no problems have been experienced. Mr.
Tomczewski concluded his remarksby stating that Mid-Shore II isscheduled to open on schedule on
January 3, 2011.
V.Introduction of Legislation:
A BILL TO ADOPT THE 2003 INTERNATIONAL MECHANICAL CODE®, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, AS MINIMUM MECHANICAL STANDARDS FOR COMMERCIAL CONSTRUCTION, AND CHAPTERS 12-24 OF THE INTERNATIONAL RESIDENTIAL CODE®, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, AS MINIMUM MECHANICAL STANDARDS FOR RESIDENTIAL CONSTRUCTION, AND TO ADOPT THE 2002 EDITION OF THE NATIONAL FUEL GAS CODE, ANZI Z223.1, NFPA 54 AS MINIMUM GAS INSTALLATION STANDARDS FOR COMMERCIAL AND RESIDENTIAL CONSTRUCTION was brought forward for introduction. Prior to its introduction, Mr. Dan Cowee, Director of the Department of Permits & Inspections, stated that the purpose of the legislation was to incorporate into the Talbot County Code, regulations for the inspection of HVAC and gas units during the installation process. Mr. Cowee stated that the regulations are necessary as the units utilize openings which are cut into the framing for installation of the HVAC and/or gas units. The regulations will also help to avoid the installation of undersize and inefficient units; currently there is no inspection of said units in Talbot County. The legislationwas then introduced by Mr. Duncan, Mr. Foster, Mr. Harrison, and Mr. Pack. Mr. Bartlett recused himself from introduction of the legislation as he is a builder. A public hearing was scheduled for Tuesday, December 18, 2007 at 2:00 p.m. in the Bradley Meeting Room, South Wing, Talbot County Courthouse, 11 North Washington Street, Easton, Maryland21601.
VI.TalbotCounty Project Priority Listing for the Consolidated Transportation Program - Ray Clarke, County Engineer; Mike Mertaugh, Roads Engineer - Mr. Clarke and Mr. Mertaugh reviewed the draft 2007 Talbot County Project Priority Listing, the final listing of whichwill be submitted to the Maryland State Highway Administration. The listing included: (1)U.S. Route 50/MD Route 322/Chapel Road Intersection/Interchange Improvements; (2) U.S. Route 50/MD Route 309 Intersection Capacity Improvements; (3) Replacement of Dover Bridge; (4) MD Route 404 Capacity and Safety Improvements; (5) U.S. Route 50 and MD Route 213 Intersection Safety/Capacity Improvements; (6) MD Route 322/MD Route 334 - Port Street Intersection Improvements; (7) MD Route 33 Capacity and Evacuation Improvements; (8) U.S. Route 50/MD Route 328 - Goldsborough Street Intersection Improvements; (9) MD Route 50/MD Route 331 - Dover Street Intersection Improvements; and (10) U.S. Route 50/Trappe East Development. Council requested that Items 1 and 2 be considered equal in priority due to the potential relocation of The Memorial Hospital at Eastonin close proximity to both intersections. Council also requested the removal of all funded projects from the list; Item 6 was removed as the project is currently underway.
VII.Public Hearings:
A public hearing was held on the REQUEST FOR ROAD NAME CHANGE FROM DEVELOPMENT ROAD TO SUNSET LANE - TILGHMAN, MARYLAND. The public was afforded an opportunity to comment on the request. The Talbot County Roads Department and Talbot County Emergency Management Department indicated support for the name change. Upon motion by Mr. Foster, the Council approved bringing an ADMINISTRATIVE RESOLUTION CHANGING NAME OF DEVELOPMENT ROAD TO SUNSET LANE IN TILGHMAN, MARYLANDto third reader by voting 5 - 0 as follows:
Mr. Duncan - Aye
Mr. Pack - Aye
Mr. Foster - Aye
Mr. Bartlett - Aye
Mr. Harrison - Aye
The Council approved the ADMINISTRATIVE RESOLUTION CHANGING NAME OF DEVELOPMENT ROAD TO SUNSET LANE IN TILGHMAN, MARYLANDby voting 5 - 0 as follows:
Mr. Duncan - Aye
Mr. Pack - Aye
Mr. Foster - Aye
Mr. Bartlett - Aye
Mr. Harrison - Aye
A public hearing was held on Resolution No. 146, A RESOLUTION TO AMEND THE TALBOT COUNTY COMPREHENSIVE WATER & SEWER PLAN, AS ADOPTED BY TALBOT COUNTY RESOLUTION 100, TO EXTEND THE SERVICE AREAS OF THE EASTON WATER AND WASTEWATER SYSTEMS TO CERTAIN AREAS THAT INCLUDE TAX MAP 26, PARCEL 45 AS W-1 AND S-1, IN THE FIRST ELECTION DISTRICT, TALBOT COUNTY, MARYLAND; PURSUANT TO THE POWER AND AUTHORITY CONTAINED IN THE ENVIRONMENTAL ARTICLE, TITLE 9, SUBTITLE 5, OF THE ANNOTATED CODE OF MARYLAND (Town of Easton – Hunter’s Mill). The public was afforded an opportunity to comment on the legislation. The Council will conduct a straw vote on Tuesday, December 4, 2007. Written comments will be accepted until 12:00 p.m. on Friday, November 30, 2007. Resolution No. 146 is eligible for vote on Tuesday, December 18, 2007.
VIII.Intersection Control Beacon at Maryland Route 331 (Dover Road) at Black Dog Alley - Ray Clarke, Talbot CountyEngineer - Mr. Clarke briefed the Council on plans by the State Highway Administration to install an intersection control beacon at the intersection of MD Route 331(Dover Road) and Black Dog Alley; the beacon will consist of a new flashing red light giving notice to an existing stop sign. Mr. Clarke continued that the County is required to contribute one third of the cost, or $17,838, as Black Dog Alley intersects with MD 328. Council approved installation of the intersection control beacon, the State Highway Administration will be notified, and said cost will be incorporated into the current Black Dog Alley construction project which is ahead of schedule. In response to Council's inquiry, Mr. Clarke stated thatat this time the intersection does not meet State criteria for installation of a full traffic signal.
IX.Council Election of Officers for 2007-2008 - Mr. Foster was elected as President of the Talbot County Council for 2007-2008. Mr. Harrison was elected Vice-President on the second ballot;no individual received a majority on the first ballot.
X.CountyManager's Report:
A.Drainage Improvements to the County-owned Perry Cabin Ball Field Ditch in St. Michaels - Requested Council approval to provide one-third of the cost, or $14,000, for re-design of drainage at the County-owned Perry Cabin Ball Field ditch in St. Michaels; said drainage improvements needed to alleviate on-going problems with mosquitoes, snakes, and rodents; the Maryland Department of the Environment and the Town of St. Michaels have agreed to each contribute one- third of the cost. Mr. Bartlett expressed concern that the area encompassed by the ditch could potentially be a wetland and plans to improve drainage of the ditch, which included filling in portions of same, would create a precedent for filling in wetlands. Mr. Hollis responded that the Maryland Department of the Environment had approved of the project. Mr. Foster expressed concerns that the project might set a precedent for cost-sharing with municipalities; he thenmade a motion to move forward with the project, with the caveat that the ditch is a unique situation and that the County is not establishing a precedent for cost-sharing with municipalities, but rather, taking care of its adjoining property; Mr. Harrison seconded the motion with the Council voting 2 - 3 as follows to not approve the project:
Mr. Duncan - Nay
Mr. Pack - Nay
Mr. Foster - Aye
Mr. Bartlett - Nay
Mr. Harrison - Aye
B.St. Michaels Campus Renovation Project - Requested Council approval of Change Order Nos. 37 and 43 for the St. Michaels Campus Renovation Project;Change Order No. 37 is in the sum of $32,449.62 for extension of wallboard above the drop ceiling to the roof decking in order to reduce noise levels from adjacent classrooms; said cost covers extension of the wallboard for Phases 2, 3, and 4 of the renovation project. Change Order No. 43 in the sum of $14,326.20 would provide additional structural support for the stage wall in the auditorium. Upon motion by Mr. Harrison, seconded by Mr. Bartlett, the Council approved the Change Orders by voting 5 - 0 as follows:
Mr. Duncan - Aye
Mr. Pack - Aye
Mr. Foster - Aye
Mr. Bartlett - Aye
Mr. Harrison - Aye
C.Engineering Services for Airport Signage - Requested Council approval of the Airport Manager's requestto utilize $54,900 of an estimated $750,000 in saved funds from the current airport paving project for engineering design of airport signage; said signage is required by the Federal Aviation Administration (FAA)and the saved paving project funding has been approved for the signage project by the FAA; subsequent phases of the signage project will also utilizethe saved funding. Upon motion by Mr. Harrison, seconded by Mr. Pack, the Council approved use of the funding for the signage project by voting 5 - 0 as follows:
Mr. Duncan - Aye
Mr. Pack - Aye
Mr. Foster - Aye
Mr. Bartlett - Aye
Mr. Harrison - Aye
D.Citizens Review Panel for Children in Talbot County- Requested the appointment of Glen Plutschak, Talbot County Drug Court Coordinator, as an additional member to the Citizens Review Panel for Children in TalbotCounty. Upon motion by Mr. Harrison, seconded by Mr. Foster, the Council approved the appointment by voting 5 - 0 as follows:
Mr. Duncan - Aye
Mr. Pack - Aye
Mr. Foster - Aye
Mr. Bartlett - Aye
Mr. Harrison - Aye
E.Talbot County Drug and Alcohol Abuse Council - Requested Council approval to submit a letter to the Governor requesting the appointment of Donna Hacker, Director of Talbot Family Network, as an additional member to the Talbot County Drug and Alcohol Abuse Council. Upon motion by Mr. Pack, seconded by Mr. Harrison, the Council approved submission of a letter by voting 5 - 0 as follows:
Mr. Duncan - Aye
Mr. Pack - Aye
Mr. Foster - Aye
Mr. Bartlett - Aye
Mr. Harrison - Aye
F.Mid-Shore Mental Health Systems, Inc. Regional Mental Health Advisory Committee - Requested Council approval of the appointment of John F. Plaskon and Brandon Sinclair to one-year terms on the Mid-Shore Mental Health Systems, Inc. Regional Mental Health Advisory Committee; said terms to expire June 30, 2008. Upon motion by Mr. Foster, seconded by Mr. Harrison, the Council approved the appointments by voting 5 - 0 as follows:
Mr. Duncan - Aye
Mr. Pack - Aye
Mr. Foster - Aye
Mr. Bartlett - Aye
Mr. Harrison - Aye
G.Talbot County Parks & Recreation Advisory Board - Requested Council approval of the appointment of Jeff Parks and Pastor Anthony Short to four-year terms on the Talbot County Parks & Recreation Advisory Board. Mr. Parks will serve as the Town of Easton's representative and Pastor Short will replace Corey Pack; said terms will expire July 1, 2011. Upon motion by Mr. Pack, seconded by Mr. Foster, the Council approved the appointments by voting 5 - 0 as follows:
Mr. Duncan - Aye
Mr. Pack - Aye
Mr. Foster - Aye
Mr. Bartlett - Aye
Mr. Harrison - Aye
H.Talbot Family Network - Requested Council approval of the reappointment of Graham Lee to a three-year term on the Talbot Family Network Board of Directors; said term to expire June 30, 2010. Upon motion by Mr. Foster, seconded by Mr. Harrison, the Council approved the reappointment by voting 5 - 0 as follows:
Mr. Duncan - Aye
Mr. Pack - Aye
Mr. Foster - Aye
Mr. Bartlett - Aye
Mr. Harrison - Aye
.
XI.Council Comments:
Mr. Pack- No comments.
Mr. Foster - Mr. Foster expressed appreciation to his colleagues for their support in electing him President of the County Council for 2007-2008; he thanked Mr. Duncan for his fine service over the past year, and stated that, in his opinion, no year is easy, and this year had presented particular challenges, but Mr. Duncan's leadership had steered the Council forward.
Mr. Bartlett-Mr. Bartlett congratulated Mayor Willey on the new memorial at the corner of Dover and West Streets which honors firemen, policemen, and war veterans. He complimented Mayor Willey and the organizers of the Memorial for the time and effort they had devoted to the project. He stated that, in his opinion, the Memorial is a welcome addition to the Town of Easton.
Mr. Harrison -No comments.
Upon motion by Mr. Harrison, seconded by Mr. Foster, the Council approved moving the regularly scheduled Council legislative meeting day of Tuesday, December 25, 2007 to Tuesday, December 4, 2007 and declared Tuesday, December 18, 2007 as a Special Legislative Day by voting 5 - 0 as follows:
Mr. Duncan - Aye
Mr. Pack - Aye
Mr. Foster - Aye
Mr. Bartlett - Aye
Mr. Harrison - Aye
Mr. Duncan - Mr. Duncan stated that he, Mr. Bartlett and Mr. Hollis had attended the ribbon-cutting ceremony for the Neavitt Post Office. He stated that the building was constructed with funding donated by various individuals, including many citizens of the Village of Neavitt, on County land in hopes that postal services will be restored to the Village of Neavitt; services which have not been available since Tropical Storm Isabel destroyed existing postal facilities in 2003. Mr. Duncan continued that a meeting with postal officials is anticipated in the next several days. He stated that the Neavitt community is appreciative of the Council's efforts to have postal service restored and he commended Mr. Bartlett, the Council liaison for the project, for his attention to the project. Mr. Duncan thanked Mr. Foster for his kind remarks and continued that, in his opinion, the past year had been the most trying year he had witnessed during all his years on the Council; he publicly thanked County staff for helping the Council accomplish its goals. He thanked everyone for the confidence they had expressed in his leadership and wished Mr. Foster and Mr. Harrison the best in the coming year as they assume leadership of the Council.
XII.Upon motion by Mr. Harrison, seconded by Mr.Pack, the Council voted to adjournto Executive Session for discussion of legal matters by voting 5 - 0 as follows:
Mr. Duncan - Aye
Mr. Pack - Aye
Mr. Foster - Aye
Mr. Bartlett - Aye
Mr. Foster - Aye
The meeting adjourned at 3:37 p.m.
The transcript of the November 27, 2007 County Council meeting is available for review in the Office of the CountyManager during regular office hours.
XIII.Prior to the meeting on November 27, 2007, an Executive Session of the Talbot County Council convened at12:30 p.m. Upon motion by Mr. Harrison, seconded by Mr. Bartlett, the Council met in Executive Session by voting 5 - 0 as follows:
Mr. Duncan - Aye
Mr. Pack - Aye
Mr. Foster - Aye
Mr. Bartlett - Aye
Mr. Harrison - Aye
In accordance with State Article §10-508(a)(1)(3)(7)the purpose of the Executive Session was for a legal matter to consult with the County Attorney to obtain legal advice, for a real estate matter to discuss possible acquisition of public property, and for a personnel matter to discuss appointments to various County boards and committees.The Executive Session ended at 1:30 p.m.
XIV.Following the meeting on November 27, 2007, an Executive Session of the Talbot County Council convened at 3:40 p.m. Upon motion by Mr. Harrison, seconded by Mr. Pack, the Council met in Executive Session by voting 5 - 0 as follows:
Mr. Duncan - Aye
Mr. Pack - Aye
Mr. Foster - Aye
Mr. Bartlett - Aye
Mr. Harrison - Aye
In accordance with State Article §10-508(a)(7) the purpose of the Executive Session was for a legal matter to consult with the County Attorney to obtain legal advice. The Executive Session ended at 4:00 p.m.
CASH STATEMENT 11/20/2007
BALANCE 11/13/2007 $6,748,130.86
BLACK DOG ALLEY SETTLEMENTS(10,560.00)
TRANS TO AIP28(339.00)
UHC 11/13/2007 CLAIMS(32,472.85)
NEW CHECK BOOK CHARGE(84.29)
PNC INT ON ACCT 10/200712,479.81
ST BRD OF ELECTIONS PPE 10/9&10/23/2007(11,351.71)
POSTAGE WIRE(3,000.00)
PAYROLL-FD/SS/MS WH 11/16/2007(112,978.40)
SECU DED(11,454.06)
DEFERRED COMP DED(10,089.34)
MD WH(27,518.53)
PENSION DED(15,931.60)
ACH TRANSFER(11,138.50)
FLEX SPENDING ACCT(2,043.09)
DEPOSITS250,161.61
CHECKS(1,282,645.67)
VOID CHECK NO.S 237986,238286,2383003,568.24
BALANCE 11/20/2007$5,482,733.48
AIRPORT ACCOUNTS
FAA20-
AIP 23-
AIP 251,926.70
AIP 26-
AIP 27BALANCE 11/13/2007 $154,706.98
CHECK (4,381.04)150,325.94
AIP282,998.78
AIP293,502.08
AIP30 3,504.91
AIP 31--
AIP 32--
AIRPORT ACCOUNTS TOTAL BALANCE$162,258.54
INVESTMENTS – CERTIFICATES OF DEPOSIT
CERTIFICATE DATEMATURITY DATERATEAMOUNT
11/28/2006 11/27/075.23%3,000,000.00
07/13/2007 11/27/07 5.34%3,000,000.00
12/29/2006 12/18/075.20%3,000,000.00
07/13/2007 12/18/075.37%3,000,000.00
01/30/2007 01/29/085.31%3,000,000.00
07/26/2007 01/30/085.36%3,000,000.00
02/22/2007 02/26/085.36%3,000,000.00
08/08/2007 02/26/085.34%3,000,000.00
03/27/2007 03/25/085.41%3,000,000.00
08/08/2007 03/25/085.36%3,000,000.00
07/26/2007 04/29/085.39%6,000,000.00
05/29/2007 05/27/085.41%6,000,000.00
06/26/2007 06/24/085.46%6,000,000.00
PNC INVESTMENTS TOTAL 4.79%3,000,000.00
TOTAL INVESTED$51,000,000.00
PETTY CASH BALANCE$3,750.00
GRAND TOTAL ALL FUNDS$56,648,742.02
CASH STATEMENT 11/27/2007
BALANCE 11/20/2007 $5,482,733.48
UHC CLAIMS 11/20/2007(36,267.39)
BOARD OF ELECTIONS PPE 11/06/2007(5,675.84)
DEPOSITS295,753.95
CHECKS(544,147.99)
BALANCE 11/27/2007$5,192,396.21
AIRPORT ACCOUNTS
FAA20-
AIP 23-
AIP 251,926.70
AIP 26-
AIP 27150,325.94
AIP282,998.91
AIP293,502.08
AIP303,504.91
AIP 31-
AIP 32-
AIRPORT ACCOUNTS TOTAL BALANCE$162,258.54
INVESTMENTS – CERTIFICATES OF DEPOSIT
CERTIFICATE DATEMATURITY DATERATEAMOUNT
11/28/2006 11/27/075.23%3,000,000.00
07/13/2007 11/27/07 5.34%3,000,000.00
12/29/2006 12/18/075.20%3,000,000.00
07/13/2007 12/18/075.37%3,000,000.00
01/30/2007 01/29/085.31%3,000,000.00
07/26/2007 01/30/085.36%3,000,000.00
02/22/2007 02/26/085.36%3,000,000.00
08/08/2007 02/26/085.34%3,000,000.00
03/27/2007 03/25/085.41%3,000,000.00
08/08/2007 03/25/085.36%3,000,000.00
07/26/2007 04/29/085.39%6,000,000.00
05/29/2007 05/27/085.41%6,000,000.00
06/26/2007 06/24/085.46%6,000,000.00
PNC INVESTMENTS TOTAL 4.74%3,000,000.00
TOTAL INVESTED$51,000,000.00
PETTY CASH BALANCE$3,750.00
GRAND TOTAL ALL FUNDS$56,358,404.75