The County Council of Wicomico County, Maryland, met in Executive Session on Tuesday, January 7, 2003 at 10:00 a

Wicomico County, MD
Council Minutes
January 7, 2003

The County Council of Wicomico County, Maryland, met in Executive Session on Tuesday, January 7, 2003 at 10:00 a.m., Council Chambers, Salisbury, MD. In attendance: Anthony Sarbanes, President, Charles R. Dashiell, Jr., Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich, Marvin R. Long and Larry W. Dodd.

President Sarbanes brought the meeting to order and recognized Jan Wiseman, Executive Director of Greater Salisbury Committee. Mr. Wiseman announced the death of Peggy Poole, GSC Administrative Assistant. Mrs. Poole, who had been employed for nearly thirty-five years, will be greatly missed by her fellow employees and the business community.

Mr. Sarbanes then called for any additions or corrections to the Minutes. On motion of Mr. Long, the minutes of December 17, 2002 were unanimously accepted as submitted.

Theodore E. Shea referred to correspondence from State Program Open Space, advising the County of projects that have been approved for funding in the amount of $556,700.

It was noted that the County is fortunate to have applied for and received these funds, in light of the possibility that a portion of POS funds may be used to help balance the current State budget. On motion of Mr. Taylor, Council unanimously approved the acceptance of the above referenced funding.

SALISBURY BANDSTAND: Mr. Shea referred to a letter from Mr. William Briddell, Sr., Friends of the Bandstand Committee, requesting Council’s financial support in acquiring matching funds for a grant to restore the Bandstand in the Salisbury City Park. At the suggestion of Mrs. Prettyman, Council agreed to address this request during the budget process.

Resolution: Council member Gail Bartkovich, presented a Resolution to Rev. Matthew Leonard and congregation of Mt. Calvary Holiness Church, in response to recent acts of vandalism. The Resolution reads as follows:

Whereas, the Mt. Calvary Holiness Church, a small African-American congregation, has existed peacefully with its neighbors in Wicomico county for more than half a century; and

Whereas, that tranquility was recently shattered by an act of vandalism that shocked the conscience of civilized people; and

Whereas, that act of vandalism not only desecrated that humble house of worship through wanton destruction of a Holy Bible and the theft of property, but assaulted the sensibilities of decent people through defacing furniture and walls with words designed to spitefully hurt their African-American targets; and

Whereas, whether these actions were designed to strike fear into the hearts of the congregants or were the pranks of misguided individuals ignorant of the seriousness of their acts, we can see them as nothing less than the ugly face of prejudice glaring its hatred against American citizens of African ancestry.

Now, therefore, be it resolved by the County Council of Wicomico County, Maryland, that such pointless acts of insensitivity and inhumanity are extremely unfortunate in the year 2002; that such unfair treatment or unkind words because of ethnic background has no place in our hearts; and that we can call upon all citizens of Wicomico County to join us in stating unequivocally that such behavior has no place in this community, for we are all Americans, all God’s children in His eyes, and one nation under God.

Rev. Leonard expressed the Church’s thanks for this acknowledgement, and graciously explained that the congregation has chosen to use this incident as an opportunity to further the cause of unity within the community, with the hope that ultimately, good will come from this act of hatred.

Public Hearing: Mr. Shea announced that a public hearing for the Capital Improvement Program and Five-Year Plan will held conducted on January 21, 2003 at 7:00 p.m. in Council Chambers.

Annexation Processes – City of Fruitland: Mr. Shea called attention to correspondence advising the County of the Hunt Club South Annexation which was recently approved by the City of Fruitland.

In addition, the Council is notified of a detachment of an annexation known as “Slab Bridge Creek and Morris Mill Pond”, an amendment to the City of Fruitland Charter, which is now in effect. During discussion, Mrs. Prettyman asked if this action now requires the County to be responsible for maintenance of the defined areas, which Mr. Shea confirmed. Mr. Sharma remarked that he was not made aware of this action, which will ultimately result in the County assuming the responsibility of maintenance of the named areas. Mrs. Prettyman then suggested that Mr. Sharma contact the City of Fruitland to possibly obtain maintenance records and to determine the scope of maintenance that the County will now have to assume.

Enterprise Zone: Mr. Shea referenced a letter advising that the City of Salisbury has granted an Enterprise Zone designation to Cato, Inc. The County Council had previously given its approval, contingent upon the City’s approval of the application.

Patricia Petersen, Director of Finance, submitted and reviewed the Statement of Latest Investment Rates/Balances for All County Accounts, with Council accepting the report as submitted.

During a previous Executive Session, Council had approved a transfer of funds in the amount of $3,680 in unanticipated revenues to the Board of Elections, contingent upon the State of Maryland approving its portion. The State funds have now been approved and on motion of Mr. Long, Council unanimously confirmed its approval of the original transfer.

Mrs. Petersen also reported the timely receipt of $49,000 in revenue from the Liquor Control Board.

To accommodate certain items to be presented by Mr. Sharma, Mr. Long motioned to adjourn Executive Session and convene as the Urban Services Commission, which was unanimously approved.

The Department of Public Works received a petition from the residents of the Kelvington subdivision to create a lighting district. Mrs. Ella Russell, speaking on behalf of the community, explained that incidents of illegal activity has been increasing at the end of the street which has no outlet, nor does it have any lighting to discourage congregation of individuals. Residents believe that proper street lighting would greatly assist in reducing such activities. Mr. Sharma added that the project would consist of the installation of four to five street lights and the department had recommended to the residents to approach and directly negotiate with the local electric company. However, this attempt was unsuccessful, due to issues involving proper billing procedures. Also requested was the approval of the County, as well as holding a public hearing. Regarding the billing process, it was decided that the electric company would bill the County; the County would in turn, bill the participants in the Urban Services District.

Mrs. Prettyman asked how quickly lights could be installed once the public hearings process is completed; Mr. Sharma replied that he would ask electric company officials to expedite the project. Mrs. Petersen, Finance Director, also suggested that the County bill residents bi-annually, ahead of time. Finally, Mr. Sharma remarked that he would determine whether nearby neighborhoods would like to join the lighting district. Council then concurred with the request to proceed with the public hearing. On a final note,

Mr. Baker, County Attorney, expressed the need to make residents aware of their obligation to assume the cost of advertising a public hearing.

Woodlawn Urban Services District: Council was provided with background information regarding the recent rate increases established by the Delmar Utility Commission, as allowed by the Urban Services Agreement between Delmar and Wicomico County.

On July 15, 2002, the Town of Delmar mailed a rate change notice to all recipients of utility billings. Referencing sewer fees, flat rates increased for all non-metered customers; different rates for residential versus commercial customers were established; and the increase represented the first rate change since 1990.

Mrs. Mary Tawney, General Manger and Operating Partner, Delmarva Inn and Convention Center, came before the Commission to appeal, based on the following statements: 1) DICC feels proper notice was not given, since they could find no records of a public hearing, meeting or notice in the local newspaper; 2) the rate increased by 49% and is excessive; 3) while other customers are billed quarterly, this commercial property is required to make an annual payment; 4) stated that the sewage bill of $21,450 includes an 80% surcharge of $9,360 because the property is located outside the town limits. Mrs. Tawney also remarked she has yet to receive information she requested from the Town of Delmar to explain how the sewer rate increase was computed.

Mr. Jerry Friedel, Davis, Bowen & Friedel, addressed some of the issues raised by Mrs. Tawney and suggested that Mrs. Tawney request a re-calculation of the billing to confirm its accuracy, as well as request information for the requirements and cost effectiveness of having the commercial property annexed into the Town of Delmar.

Following a brief discussion and a recommendation from Mr. Sharma, Mr. Dashiell motioned to change the billing system to a quarterly basis. Mr. Dashiell then amended his motion to include a rebate to the Delmarva Inn and Conference Center for additional interest charged at the annual rate. Council then unanimously approved the amended motion.

This concluded the Urban Services session. Upon a motion by Mr. Long, Council reconvened in Executive Session.

Mr. Sharma submitted the results of the Northeast Collector Phase 2 bid. Three proposals were received by the Purchasing Department. American Paving Corporation was the apparent low bidder, at $918,856.26. Mr. Sharma then explained that after reviewing the 1998-99 Bond Issue, he has determined that two completed capital projects have balances, a portion of which could be used to help fund the referenced bid. This would require a transfer of $15,269 from the Upper Ferry Road project and a transfer of $26,000 from the Tony Tank Bridge project. On motion of Mrs. Prettyman, Council approved the transfer of balances from the named projects - Bond Contingency. Upon inquiry, Mrs. Prettyman amended her motion to include award of bid to American Paving Corporation, in the amount of $918,856.26. The amended motion was unanimously approved.

Public Hearing: John Redden, Deputy Director, Dept. of Public Works, came before Council to conduct a public hearing for an amendment to the Wicomico County Comprehensive Water and Sewer Plan, allowing the Town of Delmar to reflect a future upgrade of its wastewater treatment plant, allowing a biological nutrient removal upgrade to a capacity of 0.85 million gallons per day. Council posed several questions regarding any impact on the outflow to the River, as well as any increase of nutrients. Mr. Dashiell then motioned to amend the Comprehensive Water and Sewer Plan to allow for the requested upgrade of the Delmar wastewater treatment plant. Council unanimously approved the request as submitted.

R. Hunter Nelms, Sheriff, advised that the Office would be submitting a condensed Annual Report in the near future. Council asked questions on various subject, such as anticipated changes by the incoming Superintendent, Maryland State Police; the future of the Wicomico Bureau of Investigation, a network of City, County and State agencies; Deputy responses to alarms/false alarms; and a request for a breakdown in number of responses by off-duty officers.

Proposed Enterprise Account: Gary Mackes, Director, and John Terrell, Deputy Director, presented the proposed FY 2003 Enterprise Account. Mr. Mackes explained that the account was established in 1981 with an appropriation of $3,000 to establish recreational programs. Staff estimates that $1.2 million will be generated to fund the various self-sustaining recreational programs. Messrs. Mackes and Terrell then provided highlights of major categories contained within the proposal. Following questions posed by Council, Mr. Dashiell motioned to approve the proposed Enterprise Account as submitted. The motion was unanimously carried.

Update – Bay Cruise Lines: During the first December Executive Session, Council approved a request from Bay Cruise Lines to dock at the Riverside Drive public boat ramp during December, for the purpose of conducting holiday cruises. It was reported that fifteen cruises, totaling 385 passengers took place. Mr. Dolbey personally thanked Council for approval to use the boat ramp. Bay Cruise Line plans to begin dinner cruises in March 2003 and is actively seeking docking space.

Mr. Sarbanes recognized Ms. Lavonzella Siggers, President, Salisbury City Council and Reverend John Kennedy in the audience.

Mr. Long then motioned to adjourn Executive Session and to close a portion of the afternoon work session; Council unanimously approved the motion and the meeting was adjourned.