County Council of Dorchester County Regular Meeting Minutes August 20, 2024  The County Council ofI Dorchester County convened in Open Session in Room 110 oft the County Office Building at 6:00 p.m. on the 20th day of August, 2024. A roll call oft the members was conducted. Present in Room 110 were: George L. Pfeffer, Jr., President; Mike Detmer, Vice President; Rob Kramer, Jr.; and, Ricky C. Travers. William V. Nichols left the meeting. Also present in Room 110 were: Jerry Jones, County Manager; Charles MacLeod, County Attorney; Donna F. Lane, Clerk to Council; and, Irene Barnes, Executive Administrative  Specialist.  REGULAR SESSION  INVOCATION AND PLEDGE OF ALLEGIANCE  Councilman Travers led the invocation and the pledge of allegiance. CALL FOR ADDITIONS OR DELETIONS TO AGENDA  After publication of the agenda, the following items were added: 1) Budget Transfer Request - Economic Development; 2)FY25 Governor's Office of Crime Prevention and Policy (GOCPP) Grant Awards Gun Violence Grant - Sheriff's Office; 3)Letter of Acceptance - Spongy Moth Spraying Participation - MD Department of Agriculture; 4)FY2024-2 Operating Budget Amendment - Board of] Education; and, 5) Pledge Request - McKeil Point No. 1- Sanitary  District. The Council approved the amended agenda. FINANCIAL REPORT: CASH AND INVESTMENTS  Councilman Pfeffer reported total cash and investments as $23,895,835.84.  CLOSED SESSION SUMMARY  The Council convened into Regular Session on August 20, 2024 at 5:00 p.m. in Room 110, County Office Building, 501 Court Lane, Cambridge, Maryland 21613 and motioned to adjourn into Closed Session pursuant to Title 3 of the General Provisions Article of the Maryland Annotated Code, pursuant to $3-305(b)(1) to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation ofappointees, employees, or officials over whom it has jurisdiction; and pursuant to $3-  305(b)(7) to consult with counsel to obtain legal advice.  Present in Room 110 were: George L. Pfeffer, Jr., President; Mike Detmer, Vice President; Rob Kramer, Jr.; William V. Nichols; and, Ricky C. Travers. Also present in Room 110 were: Jerry Jones, County Manager; Donna F. Lane, Clerk to Council; and, Irene Barnes, Executive Administrative Specialist. Voting in favor oft the Closed Session were the present Council Members. Charles MacLeod, County Attorneyjoined the meeting late.    Dorchester County Council Regular Session Minutes of August 20, 2024 Page No. 2 following items:  The Council convened in a Closed Session on August 20, 2024 at 5:01 p.m. to discuss the 1) Notifications of recent personnel changes within the County were provided; 2) Received legal advice from the County Attorney regarding the following:  a. Financial matters relating to a specific project; b. State ofMaryland landfill requirements; Funding of positions within the State's Attorney's Office; d. Distribution requirements of specific funding; Specific responsibilities relating to the County Manager position; Financial matters relating to a specific agreement; and, Compliance matters relating to a specific landfill.  Present in Room 110 were: George L. Pfeffer, Jr., President; Mike Detmer, Vice President; Rob Kramer, Jr.; William V.Nichols; and, Ricky C. Travers. Also present in Room 110 were: Jerry Jones, County Manager; Donna F. Lane, Clerk to Council; and, Irene Barnes, Executive Administrative Specialist. Charles MacLeod, County Attorney, joined the meeting late.  CONSENT AGENDA APPROVAL OF MINUTES  The Council approved the minutes of August 6, 2024. APPROVAL OF DISBURSEMENTS payments made to Simmons Center Market.  The Council approved the vouchers as presented, with Councilman Travers abstaining for  REQUEST TO EXTEND FUEL CONTRACT - PUBLIC WORKS  The Council approved the request of] Dave Edwards, Public Works Director, to extend the Cato Gas & Oil, Inc. contract for gasoline, low sulfur fuel oil, no. 2 fuel oil, and propane to September FY26 DEPARTMENT OF NATURAL RESOURCES WATERWAY IMPROVEMENT FUND The Council approved the request ofMr. Edwards to apply for the following FY26 Department ofNatural Resources Waterway Improvement Fund grants for the following projects:  30,2025 at the same terms and conditions as the current contract. GRANT SUBMISSION REQUESTS - PUBLIC WORKS  Tylers Cove Phase 3 Construction Tylers Cove. Dredge Project Elliott Island Timber. Jerry Replacement Back Creek Marina Construction  $250,000.00 $750,000.00 $500,000.00 $250,000.00    Dorchester County Council Regular Session Minutes of August 20, 2024 Page No.3  REQUEST TO ADVERTISE FOR PROPOSALS - ON-CALL ENGINEERING SERVICES The Council approved the request ofl Mr. Edwards to advertise a request for proposals for on-call  PUBLIC WORKS engineering services.  SURPLUS REQUEST -1 PUBLIC WORKS  The Council approved the request ofl Mr. Edwards to surplus Unit # 1100, 2008 Chevy Truck,  VIN # 1OCHK24K48E204475, which has reached its usage limit. FY25 GOCPP GRANT AWARDS - SHERIFF'S OFFICE  Warrant Absconding Program  Based on the request of. James W. Phillips, Jr., Sheriff, the Council accepted the FY25 Warrant Absconding Program grant award through the Governor's Office ofCrime Prevention and Policy in the amount of$15,000.00, with no match requirement and aj performance period of. July 1, 2024 to. June 30, 2025 to fund overtime hours accrued to eliminate the backlog of warrants. Based on the request of. James W. Phillips, Jr., Sheriff, the Council accepted the FY25 Community Grant Program grant award through the Governor's Office of Crime Prevention and Policy ini the amount of $21,456.00, with no match requirement and a performance period of. July 1,2024 to June 30, 2025 to fund overtime hours accrued toj provide Sheriff's deputies presence at CONNECTING FOR SUCCESS MEMORANDUM OF AGREEMENT - HEALTH Based on the request ofl Mindy Black-Kelly, Interim Administrator, Community Programs, Dorchester County Health Department (DCHD), the Council agreed to enter into a Memorandum ofAgreement between the DCHD and the Dorchester Department ofCorrections for re-entry and REQUEST TO: RESERVE COUNTY DOCKAGE & GROUNDS - CHOPTANK HERITAGE The Council approved the request ofl Lou Hyman, Race Committee Chair, Choptank Heritage Skipjack Race, to use the County Office Building'se electric, parking lot, docking space and grounds on September 27,2024 and September 28, 2024 to hold the 28th Annual Choptank  Community Grant Program  community events.  DEPARTMENT - CORRECTIONS  jail-based group services provided by the Connecting for Success program.  SKIPJACK COMMITTEE  Heritage Skipjack Raçe.    Dorchester County Council Regular Session Minutes of August 20,2024 Page No. 4 COMMENDATIONS  DORCHESTER ALL-STARS -JUNIOR LEAGUE - MARYLAND STATE CHAMPIONSHIP The Council presented a Commendation to the Dorchester All-Stars Junior League for winning  the Maryland State Championship title. STAR DEMOCRAT - 225TH ANNIVERSARY  The Council presented a Commendation to the Star Democrat for its 225th anniversary. PUBLIC HEARING - MARYLAND AGRICULTURAL LAND PRESERVATION Ms. Lane said a public hearing is being conducted on the FY25 Maryland Agricultural Land Councilman Pfeffer asked for public comments, hearing none, the public hearing was closed.  FOUNDATION  Preservation Foundation easement applications and rankings.  The Council approved the submission oft the applications and rankings.  The Council adjourned into Legislative Session.  LEGISLATIVE SESSION  PUBLIC HEARING - ABOLISH SANITARY DISTRICT & ESTABLISH COUNTY  DEPARTMENT OF WATER & WASTEWATER  BILL NO. 2024-7 AN ACT OF THE COUNTY COUNCIL OF DORCHESTER COUNTY, MARYLAND PURSUANT TOMD. CODE ANN., LOCAL GOV'T $ 20-805 TOI ENACT A NEW CHAPTER 122 (PUBLIC FACILITIES AND SERVICES) OF THE DORCHESTER COUNTY CODE FOR THE PURPOSES OF ESTABLISHING THE DORCHESTER COUNTY DEPARTMENT OF WATER AND WASTEWATER SERVICES AND THE ORGANIZATION AND FUNCTIONS THEREOF; ABOLISHINGTHE DORCHESTER COUNTY SANITARY DISTRICT, INC. AND THE DORCHESTER COUNTY SANITARY COMMISSION; ESTABLISHING THE POWERS AND DUTIES OF THE COUNTY COUNCIL WITH RESPECT TO WATER AND WASTEWATER SERVICES; AND PROVIDING FOR THE ESTABLISHMENT OF A WATER AND WASTEWATER ADVISORY BOARD; PROVIDING THATTHE TITLE OF THIS BILL SHALL BE DEEMED Al FAIR SUMMARY,AND GENERALLY RELATING TO WATER AND WASTEWATER Ms. Lane said a public hearing is being conducted on Bill No. 2024-7 to abolish the Dorchester County Sanitary District, Inc., and the Dorchester County Sanitary Commission, then establish the Dorchester County Department of Water and Wastewater Services, and the Wastewater  SERVICES INI DORCHESTER COUNTY, MARYLAND.  Advisory Board.    Dorchester County Council Regular Session Minutes of August 20, 2024 Page No.5  Councilman Pfeffer asked for public comments, hearing none, the public hearing was closed. The roll call on Bill No. 2024-7 was: Pfeffer - aye; Detmer- - aye; Kramer - aye; Nichols-  absent; and, Travers - aye.  The Council adjourned into Regular Session.  REGULAR SESSION ACTION ITEMS  PAVING REQUEST - CENTENNIAL ROAD - PUBLIC WORKS  The Council approved the request ofMr. Edwards to pave a 1.7 mile section of Centennial Road from MD331 to Kraft Road sourcing the lowest bidder, Russell Paving Co., Inc., at $281,128.00, to be funded by State Aid Funds ($224,902.00) and the FY24 Capital Budget - Road Paving Ini response to Councilman Pfeffer's inquiry, Mr. Edwards said tar and chip is not used on this road, it is paved. Councilman Detmer said he lives on Centennial Road, sO this directly pertains tol him, but he is in full support due to the poor condition of the road which has been voiced by REQUEST TOPROCEED -S STORMWATERMANAGEMENT AGREEMENT - PUBLIC Based on the recommendation ofMr. Edwards, the Council approved the Stormwater Management Agreement for an industrial building project for Delco Packaging Products, Inc.,  ($56,226.00).  other residents in the area.  WORKS  located at 100 Division Street, Hurlock, Maryland.  NOISE VARIANCE REQUEST - WATERVIEW DRIVE - CAMBRIDGE  Based on the request ofI Lauren Mayer, resident, the Council approved a noise variance request for a private party to be held on August 6, 2024 from 4:30 p.m. to 10:00 p.m. at 5515 Waterview Drive, Cambridge, Maryland. The Council acknowledged that Sheriff Phillips advised Ms. Mayer of the noise variance requirements, and that he has no issue with the request as long as In response to Councilman Pfeffer's inquiry, Susan Webb, Planning & Zoning Director, said because this is a private event with no fees, permits are not required. She added that the noise  they are followed.  variance request is due to the size ofthe party.  PLANNING COMMISSION COMPENSATION DISCUSSION  Based on the recommendation ofMs. Webb, the Council agreed to increase the Planning  Commission stipend to $100 per meeting.    Dorchester County Council Regular Session Minutes of August 20, 2024 Page No. 6  Ms. Webb said the Board of Appeals receives $100 per meeting, sO this recommendation will make the compensation across the two boards equal. In response to Councilman Detmer's inquiry, Ms. Webb said the length oft the meetings depends on what is on the agenda, however, it has been reduced to 1-1.5 hours due to the recent changes that were made through the Residential Accessory Structure bill. Councilman Pfeffer expressed that these are two of the  most important boards within the County. POLL CONFIRMATIONS  The Council confirmed its decisions in the interim ofmeetings, via poll to:  Accept a grant award for the Dorchester Center for the Arts from the Maryland State Arts Council in the amount of $300,000, with no local match requirement, to support construction of an addition to the second floor oft the current building to create two new classrooms, and replacement oft the aging HVAC system servicing the second floor, over Provide a letter of support ofa Maryland Historical Trust FY25 Non-Capital grant application submitted by the. Applegarth Tubman Medicine Hill Preservation and Education Foundation for research projects that will increase the understanding of Medicine Hill's historical role, provide material for tourist exhibits, and serve as prototypes for studies on several additional themes, by a5to 0 vote.  an 11-month period, by a5to0 0 vote; and,  BUDGET TRANSFER REQUEST - ECONOMIC DEVELOPMENT The Council approved the FY25 budget transfer for Economic Development. FY25 GOCPP GRANT AWARDS - GUN VIOLENCE GRANT - SHERIFF'S OFFICE Based on the request of. James W. Phillips, Jr., Sheriff, the Council accepted the FY25 STOP Gun Violence Reduction Grant grant award through the Governor's Office of Crime Prevention and Policy in the amount of $9,240.00, with no match requirement and aj performance period of July 1,2 2024 to. June 30, 2025 to fund overtime hours accrued by deputies providing extra patrols throughout the County and by detectives tracing the origins ofi illegal guns in the County. SPONGY MOTH PARTICIPATION REQUEST- - MARYLAND DEPARTMENT OF Based on the request of Craig Kuhn, Program Manager, Forest Pest Management, the Council agreed to participate in the Maryland Department of Agriculture's Forest Pest Management  AGRICULTURE  Program for the identification and control of spongy moth populations.    Dorchester County Council Regular Session Minutes of August 20, 2024 Page No.7  FY2024-2 OPERATING BUDGET AMENDMENT - BOARD OF EDUCATION Based on the request ofI Laurie Dales, Chief Financial Officer, Dorchester County Public Schools, the Council approved the Dorchester County Board of] Education Operating Budget  Amendment FY2024-2 with the following changes: Decrease: Instructional Other Costs  500,000.00 636,000.00 $836.000.00 Total $1,972,000.00 550,000.00 165,000.00 6,000.00 675,000.00 570,000.00 6,000.00  Special Education Fixed Charges Administration Instructional Supplies Student Health Services Operation of Plant Maintenance of] Plant Capital Outlay  Increase:  Total $1,972,000.00  PLEDGE REQUEST - MCKEIL POINT NO.I-SANITARY DISTRICT  Based on the recommendation of Sandra Tripp-Jones, Consultant, the Council agreed to provide al letter to the Maryland Department of the Environment pledging toj pay the debt service on the 1) Benefit assessments levied on the properties benefiting from the McKeil Point No. 1  loans from any one oft the following revenue sources:  project, in amounts sufficient to pay the debt service; 2) Water and Wastewater Services Reserve funds; and,  3) County General Fund.  Ms. Tripp-Jones explained that the County General Fund will only be used ifthe other sources  fail to repay the debt, under a full faith and credit agreement.  COUNCIL'S COMMENTS  Councilman Travers expressed that the County was well represented at the Maryland Association ofCounties (MACo) Summer Conference by members oft the Council and staff. He said, during the MACo conference, he expressed the need of privatizing perc tests and that rural Maryland is struggling to keep up with mainstream counties. Ini response to Councilman Traver'si inquiry, Mr. Councilman Detmer: 1)gave kudos to Steve Nuwer, Airport Director, for hosting the Young Eagles Rally, and thanked him for providing this experience to introduce aviation to young minds; 2) announced that Dorchester Goes Purple is in the month of September which brings awareness to the problematic issue of drug overdoses and deaths within the County; 3) provided accolades to Rescue Fire Company for organizing Jeremiah Shaw's 10th Birthday parade, and to  Edwards said Old House Point Road has been paved.    Dorchester County Council Regular Session Minutes of August 20, 2024 Page No. 8  the volunteer fire companies and citizens that participated; 4) congratulated the Star Democrat fori its 225th anniversary; 5) echoed Councilman Travers on the MACo conference and the need toj privatize services; 6) said solar is an ongoing issue, which needs laws and regulations to ensure bad solari is not constructed in the County that will cause issues for future generations; 7) expressed that the State of Maryland implemented the Blueprint for Maryland's Future with the best ofi intentions, but it has created ai multibillion dollar deficit and fiscal budgetary concerns at State and County levels that may result in property tax increases. He asked constituents to Councilman Pfeffer announced that anything that is not currently under construction, except for the light rail, has been placed on hold, per the Maryland Department of Transportation. He echoed Councilman Detmer regarding solar, and added that Councilman Travers spoke to Brian Feldman, Chair oft the Education, Energy, & Environment Committee, Maryland Senate; CT Wilson, Chair of the Economic Matters Committee, Maryland House ofDelegates; and Kumar Barve, Commissioner, Public Service Commission at the MACo conference concerning solar, and asked that they do not create a "one size fits all" legislative bill due to the uniqueness of Dorchester County. Councilman Pfeffer said Commissioner Barve spoke to them directly afterwards and seemed to be very receptive and acknowledged the issues within the County.  contact their local legislators to voice these concerns.  PUBLIC COMMENTS There were no public comments. ADJOURNMENT  With no further business to discuss, the Council adjourned.  ATTEST:  THE COUNTY COUNCIL OPPORCHESTEYOPTY, EE  Jerry. Gounty Manager  B  Mike  Abhw Detmer, Vicel President -  Robl Kramer, Jr. William V.Nichols &  LfAkE  -  rs  Approved the 3 day of Sepb,2024.    PRESIDING OFFICER'S WRITTEN STATEMENT FOR CLOSING A MEETING ("CLOSING STATEMENT") UNDER THE OPEN MEETINGS ACT (General  Provisions Article S 3-305)  This form has two sides. Complete items 1-4 4 before closing the meeting.  1.  Recorded vote to close the meeting: Date: 120/24: Time: 5:00 p.m.; Location: Room 110, County Office Building, 501 Court Lane, Cambridge, Maryland; Motion to close meeting made by:  TYAVNS Seconded by. KrameN KuTANaiNants Opposed:  Members in favor: PArffca, K  Abstaining:  Absent:  2.  Statutory authority to close session (check all provisions that apply). This meeting will be closed under General Provisions Art. $3-305(b) only:  (1)x "To discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; any other personnel matter that affects one or more specific individuals"; (2)_ "To protect the privacy or reputation of individuals concerning a matter not related to public business"; (3)_ "To consider the acquisition of real property for a public purpose and matters directly related thereto"; (4) "To consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State"; (5) "To consider the investment of public funds"; (6). "To consider the marketing of public securities"; (7)x "To consult with counsel to obtain legal advice"; (8). "To consult with staff, consultants, or other individuals about pending or potential litigation"; (9)_ "To conduct collective bargaining negotiations or consider matters that relate to the negotiations"; (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"; (11) "To prepare, administer, or grade a scholastic, licensing, or qualifying examination"; (12)_ "To conduct or discuss an investigative proceeding on actual or possible criminal conduct"; (13).x "To comply with a specific constitutional, statutory, or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter"; (14) "Before a contract is awarded or bids are opened, to 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." (15). "To discuss cybersecurity, if the public body determines that public discussion would constitute a risk to: (1) security assessments or deployments relating to information resources technology; (i) network security information : or (ii) deployments or implementation of security  personnel, critical infrastructure, or security devices."  Continued e    3. For each provision checked above, disclosure of the topic to be discussed and the public  body's reason for discussing that topici in closed session.  Citation (insert # from above)  Reason for closed-session discussion of Public Discussion of applicant's names and job info could discourage people from applying for County jobs Public Information Act, GP Section 4-310 and 311 requires us to shield recommendation letters and job applications Council does not want to waive the Council does not want to waive the August 17,2021, OMCB ruling (15 OMCB 99) Council does not want to waive the August 17, 2021, OMCB ruling (15 OMCB 99) Council does not want to waive the attorney-client privilege. See page 101, Council does not want to waive the August 17, 2021, OMCB ruling (15 OMCB 99) Council does not want to waive the August 17,2021, OMCB ruling (15 OMCB 99) Council does not want to waive the attorney-client privilege. See page 101, August 17, 2021, OMCB ruling (15 OMCB! 99)  Topic  topic  $3-305(b)(1) Notifications of recent personnel $3-305(b) - (13) Same topic as above  changes within the County.  53-305(b) (7) Tor receive legal advice from the $3-305(b)(7) Tor receive legal advice from the $3-305(b)(7) Tor receive legal advice from the  County Attorney regarding financial attorney-client privilege. See page 101, matters relating to a specific project. August 17, 2021, OMCB ruling (15 OMCB 99) County Attorney regarding State of attorney-client privilege. See page 101, County Attorney regarding funding attorney-client privilege. See page 101,  Maryland landfill requirements. of positions within the State's Attorney's Office. County Attorney regarding funding.  $3-305(b)( (7) Tor receive legal advice from the  distribution requirements of specific August 17, 2021, OMCB ruling (15 OMCB 99) County Attorney regarding specific attorney-client privilege. See page 101,  $3-305(b)( (7) Toreceive legal advice from the  responsibilities relating to the County Manager position. matters relating to as specific agreement. County Attorney regarding compliance matters relating toa specific landfill.  $3-305(b) - (7) Tore receive legal advice from the  County Attorney regarding financial attorney-client privilege. See page 101,  $3-305(b)(7) Toreceive legal advice from the    4.  This statement is made by  Presiding Officer.  ho4  WORKSHEET FOR OPTIONAL USE IN CLOSED SESSION: INFORMATION FOR SUMMARY TO BE DISCLOSED IN THE MINUTES OF THE NEXT OPEN MEETING. (See also template for summary.)  For a meeting closed under the statutory authority cited above:  Time of closed session: Place: Purpose(s):  Members who voted to meet in closed session: Persons attending closed session: Authority under S 3-305 for the closed session: Topics actually discussed: Actions taken: Each recorded vote: > Place: Persons present: Subjects discussed:  For a meeting recessed to perform an administrative function (S 3-104): Time:  (Form Rev.10/1/2018)