Council Minutes
The County Council of Wicomico County, Maryland met in
Executive Session on
Charles R. Dashiell, Jr., Vice President, Edward T. Taylor, Stevie Prettyman,
Gail M. Bartkovich, Marvin R. Long and Larry W. Dodd.
President Sarbanes called the meeting to order and announced that Proclamations and Certificates of Recognition would now be presented, as follows:
Council member Long presented a proclamation to Frederick C. Harris, Purchasing Agent, recognizing March 2005 as Purchasing Month.
Council member Dashiell presented a Certification of Excellence on behalf of the State of Maryland, 9-1-1 Emergency Number Systems Board, to Sandra Silvia, Director, Emergency Services.
Council member Prettyman presented a Certificate recognizing the eighty-fifth anniversary of the Salisbury Area Chamber of Commerce, to Brad Bellacicco, Executive Director.
President Sarbanes announced that a delegation of officials from Tartu, Estonia, would be visiting next week and read a Declaration that will be delivered to Tartu County Government:
COUNTY COUNCIL
WICOMICO COUNTY, MARYLAND
WHEREAS, it is our
desire, the county seat of Wicomico County, Maryland, to forge a deep and
lasting relationship between us and Tartu County; and
WHEREAS, this
relationship will allow us to foster cooperation and understanding and to
explore educational, economic and cultural opportunities that will secure our
friendship for ages to come; and
WHEREAS, friendships
such as these will further promote cooperation between our two counties that
reflects genuine goodwill that we have for each other; and
WHEREAS, as
Americans, we cherish our freedom and wish the same for everyone else in the
world.
NOW, THEREFORE, on the occasion of your recent celebration
of the 77th Anniversary of your independence as the Republic of
Estonia, be it resolved by the County Council of Wicomico County, Maryland that
this
BETWEEN WICOMICO COUNTY, MARYLAND
AND
THE COUNTY OF TARTU,
IN THE REPUBLIC OF ESTONIA
Be hereby adopted, as we look forward to long and mutually beneficial relationships, and be it further resolved that the citizens of Wicomico County join us in extending this hand of friendship.
Wide Area Network Resource Sharing Agreement: Mr. Shea and Mr. Ray Micciche, Director of Information Technology, reviewed a proposed document whereby the County, City of Salisbury and the Board of Education would agree to share towers to provide secure, high-speed connections to each entity. Mr. Micciche further explained that due to distance limitation, any one of the three towers is not capable of providing service to every building operated by either the County, City or Board of Education.
By combining resources, the parties gain the benefit of having 3 high-speed wireless network base stations to cover the broad geographic area, but only incur the expense of establishing one station each. This network would then provide connections servicing any facility owned by either party, without recurring fees. A proposed Network Resource Sharing Agreement has been reviewed by attorneys representing the County and City of Salisbury and found to be satisfactory. Mr. Micciche added that the Board of Education owns a small tower located at Wicomico High School and plans to establish wireless equipment of the same type as the City and County.
Mr. Taylor motioned to approve the Agreement as submitted. Following questions by Council, which were answered by Mr. Micciche, Council unanimously approved the execution of the referenced Agreement.
Cedar Hill Dredging Project: Mr. Shea called upon Gary Mackes, Director, Recreation, Parks & Tourism, to explain the circumstances under which the department is requesting Council’s approval to award a bid to a company other than the low bidder. The project involves the hydraulic dredging of the entrance channel and basin of Bivalve Harbor at Cedar Hill Park. Two bids were received, however the apparent low bidder did not submit proof of previous Dredged Material Placement site construction or dredging experience and failure to list the required equipment in its inventory, as well as failure to identify an experienced dredging contractor.
Mr. Mackes explained that due to the complexity of the project, plus a very tight timeframe in which to complete the work, it is recommended by Andrews, Miller and Associates, Inc. that the bid is awarded to Ray Nornes, Inc., in the amount of $943,000.
Program Open Space is providing an additional $120,000 to fully fund the bid amount and is agreeable to this exception to normal bidding procedures. The Administrative Director also agrees with the recommendation of Andrews, Miller and Associates.
On motion of Mr. Dashiell, second by Mrs. Prettyman, Council unanimously approved the exception to the bid process and award of bid to Ray Nornes, Inc.
Letter of Appreciation: Mr. Shea asked Douglas Devenyns, Director, Dept. of Corrections to share a letter received from a family member of an inmate who had entered the department’s Residential Substance Abuse Treatment Program (RSAT) and Project Staying in Touch. The citizen was very complimentary regarding the positive effect upon the inmate and was very appreciative for the commitment exhibited by the staff of each program.
Board of Education Request: Mr. Shea asked Messrs. Charles Bounds, Bruce Ford and
Brian Foret to join Council to discuss a request for transfer of funds. Mr. Shea reported that as the result of an incident occurring in New York state, whereby a roof truss failed, all states are required to have public buildings inspected for any similar problem.
Mr. Bounds stated that in response to this declaration of an emergency situation, the Board of Directors approved a budget transfer to move funds currently available in the Fixed Charges category to the Capital Outlay fund for the explicit purpose of entering into negotiations with a provider of modular portable units. The units would be used to relocate students at the Alternative Learning Center. This is being requested as a permanent transfer so that funds would be available with the start of the Board’s next fiscal year. This would allow the Board of Education to pursue a lease/purchase agreement over a two-year period. With Mr. Sarbanes calling for questions, Mr. Taylor asked Mr. Bounds what the long-term plan is for the location of alternative school students. The response that the Capital budget currently addresses the systemic needs of the current facility; however, there are no plans to relocate the school to another facility.
On motion of Mr. Long, second by Mr. Dodd, Council unanimously approved the request.
Public Drainage Associations – Levies: Mr. Shea submitted the following Public Drainage Association Managers’ requests for authorization to levy drainage tax assessments for 2006:
Allen PDA $2.00 $ .50 $10.00
Rosalie Fields appointed
Aydelotte PDA $2.50 $1.25 $10.00
Richard Layfield appointed
Beaverdam PDA $2.00 $ .50 $15.00
Arden Hickman appointed
Dividing Creek PDA $6.00 $3.00 $25.00
Givans PDA $ .50 n/a $10.00
Gorman Brittingham appointed
Green Branch PDA $2.10 $ .70 $15.00
Bob Hudson appointed
Head of Creek PDA none none none
Alma Asbury appointed
Horsebridge PDA $ .40 $ .10 $8.00
Oren Perdue, Tom Johnson appointed
Laws PDA none none none
Ben Brittingham appointed
Mill Branch PDA $2.00 $ .50 $10.00
Donna Insley appointed
Nanticoke PDA $7.00 $3.50 $12.00
Lawrence Elsey appointed
Nebo Road PDA $6.00 none $30.00
Goldsboro Lawrence appointed
Passerdyke PDA $3.75 $1.25 $10.00
Robert Gannon appointed
Pine Branch PDA $3.00 $1.00 $15.00
Jacob Jones appointed
On motion of Mr. Long, second by Mr. Taylor, Council unanimously approved the recommended levies and all appointments submitted.
Mrs. Bartkovich asked if it is known what percentage of the county’s drainage system is covered under public drainage associations. Mr. Shea stated that he would request this information from Soil Conservation Service.
DEPARTMENT OF FINANCE
Patricia B. Petersen, Director, gave the Contingency Balance report, which reflects use of $793 to pay DRILL Academy utilities, leaving an approximate balance of $720,000.
At Mrs. Bartkovich’s inquiry, Mrs. Petersen explained her memorandum suggesting that rather than adopting the expense budget May 17th, Council may wish to delay adoption until the State’s May income figures are received, thus resulting in much more accurate estimates, and adopt the FY 2005-2006 budget the first meeting in June.
DEPARTMENT OF PUBLIC WORKS
P. Rai Sharma, Director, provided Council with the following updates:
Wetipquin Bridge Project: The department has been notified that the U.S. Coast Guard will approve and honor the County’s existing permit for the original bridge, providing that the County makes repairs that would restore the bridge exactly as its original construction.
Solid Waste Permits: The County Attorney advised that legislation would be required to establish penalties and/or revocation of a use permit; this legislation is being prepared for Council’s review.
Mr. Sharma also stated that he would like approval to reduce the number of locations that a transfer station permit may be purchased, due to errors on applications processed at two local stores. Consequently, transfer station permits would be sold at either the Landfill,
Public Works office or by mail. The money normally paid to the stores would be a revenue savings; this savings could be used to open the Landfill office on Saturdays as a convenience to the public. Mrs. Bartkovich asked if the application could be placed on the county website; Mr. Sharma said he would look into this. Mr. Dodd asked how many permits have been sold on Saturdays in the stores and whether it would be effective to keep the Landfill office open on Saturdays. Mr. Sharma stated he thought it would be effective since the public has often made this request. On motion of Mr. Dashiell,
second by Mr. Dodd, Council unanimously approved the request.
Mr. Sharma advised that no increase in the permit cost would be requested this year; and based on Mrs. Bartkovich’s inquiry, he stated that the department is looking into adding
receptacles for cardboard at recycling stations.
City of Salisbury Public Works is requesting approval to establish a detour to accommodate water/sewer construction in the Merritt Mill Road/Tilghman Road area.
A traffic control plan has been submitted and reviewed as satisfactory by County Public Works. Mr. Sharma is now requesting Council concurrence. On motion of Mr. Dashiell, second by Mr. Dodd, Council unanimously approved the request.
COUNTY ATTORNEY
Edgar A. Baker, Jr., recalled that the County authorized borrowing for the expansion and renovation of the Wicomico Nursing Home in 1997 by Resolution 483. By a letter of commitment dated November 23, 2004, SunTrust Bank has approved the refinancing and extension of the $1,707,802.35 balance for a period of five years for sixty months.
Mr. Baker received approval of the terms on motion of Mr. Long, second by Mr. Dodd.
PUBLIC HEARING
Rai Sharma and John Redden, Dept. of Public Works, conducted a public hearing at approximately 11:00 a.m., to receive comments for a proposed amendment to the Wicomico County Water and Sewer Plan. The amendment would allow inclusion of four proposed residential developments and a mixed use development, as follows: 1) Three Creeks, 365 single family units; 2) Johnson’s Retreat, 72 single family homes; 3) Martin Farm, 98 townhouses, 66 duplex units; 4) Heron Ponds, 251 single family homes, 50 townhouses; 5) Carey-Causey Annexation, 180 dwellings and 6 commercial buildings.
Heron Ponds will be served by public water and sewer from the Town of Delmar, while all others will be served by the City of Salisbury.
While there were no public comments, Mrs. Prettyman asked the County Attorney what would result by not approving the amendment; Mr. Baker responded that the Health Department would not issue permits, however, the Maryland Dept. of the Environment would have the authority to force the amendment. With Mr. Dodd asking if the county’s infrastructure could support this, Mr. Sharma described the escalation of the annexation process, with the County being required to maintain the road systems, adding that there is no County ordinance addressing the increased costs. Mr. Dodd motioned to table approval of the amendment, with Mrs. Prettyman providing a second. Mr. Sharma explained the complexities of delaying such action and the impact on multiple annexation requests. Mr. Sarbanes called for a vote. Mr. Dodd and Mrs. Prettyman voted in favor, with five Council members voting in opposition. Mr. Dashiell then motioned to approve the Water and Sewer Plan amendment. Mr. Taylor seconded the motion, Messrs. Taylor, Dashiell, Long and Sarbanes and Mrs. Bartkovich voting in favor, and Mrs. Prettyman and Mr. Dodd voting in opposition. The amendment was approved. Mr. Dashiell stated that Council should address a long-range plan for infrastructure needs by working with county staff prior to submission of a request for Water and Sewer Plan amendments, rather than having to be reactionary. Mrs. Bartkovich also stated that Council needs to study the “whole picture” to maintain the quality of life in Wicomico County. Mr. Sharma briefly explained the process by which annexation requests are reviewed, the limited authority of the Planning Commission and added that Council does have authority through its Charter, to levy a tax or fee to help maintain its infrastructure. Mr. Lenox also shared his thoughts regarding delay in addressing water and sewer amendment requests.
PLANNING, ZONING & COMMUNITY DEVELOPMENT
Brown Road Annexation: John F. Lenox, Director, referred to discussion during the last Executive Session relative to the City of Salisbury’s approval of the Brown Road - Ruark Property Annexation request and specific questions posed by Council members.
Mr. Lenox and Mr. Sharma subsequently met with Mr. Ruark to address those questions. Mr. Ruark has agreed to make improvements to frontage on Brown Road once a traffic study has been performed (at Mr. Ruark’s expense). Mr. Lenox is now recommending Council approval of R-10A Residential zoning upon annexation by the City. On motion of Mr. Dashiell, second by Mr. Taylor, Council unanimously approved the proposed zoning designation, subject to the addition of Mr. Ruark’s agreed upon Brown Road improvements and traffic study.
Update: Mr. Lenox advised that State Public Works agreed to fund the contract for the Quantico Creek area through the Rural Legacy Program. In addition, in accordance with newly instituted procedures for grant programs, Council is advised that the department has submitted an application for $1 million under the Rural Legacy program.
Maryland Agricultural Land Preservation Program: Gloria Smith, Planner, and
Mr. Lenox recalled that Council had requested approval from this agency to participate in a statewide preservation program to obtain an award under Federal Farmland and Ranchland Protection Program. The State is now asking for a commitment of a specific amount of funds for use in the FY 2005 Easement Acquisition Program; however as of the date of the State’s request, State funds available for each county had not yet been certified. Consequently, Planning staff recommends that Wicomico County decline to commit funds to the Local Matching Fund program of the Md. Agricultural Land Preservation Program for fiscal year 2005. It is also advised that uncommitted funds with the county’s account be reserved for local use. On motion of Mr. Long, second by
Mr. Taylor, Council unanimously agreed not to participate in the Local Matching Fund program.
COUNTY ATTORNEY
Edgar A. Baker, Jr., presented a request by the Department of Social Services to continue support of four Child Support positions under an existing Intergovernmental Agreement, including a request to hire a receptionist for the remainder of FY 2005. While the State of Maryland provides grant funding for the positions, including cost of benefits, it should be noted that the State employees are carried on the County’s payroll. Mr. Baker suggests that Council and the Human Resources Director review this arrangement. On motion of Mrs. Prettyman, second by Mr. Taylor, Council unanimously approved the position.
RECREATION, PARKS & TOURISM
John Terrell, Deputy Director and Denny Bowers, Chair, Wicomico War Memorial Committee, provided an update on the project. Mr. Bowers reported that following expenses, the Endowment Fund has $63,000 through the Community Foundation.
He invited Council members to the formal dedication of the Memorial on March 16th and thanked them for their support.
PUBLIC COMMENTS
Comments were received from Mr. Ferrill Wilson regarding a housing issue and Mr. Fred Geiger regarding a request to meet with Council.
COUNCIL COMMENTS
Mrs. Bartkovich suggested that the Agenda be placed on the County website.
Mr. Dodd agreed with Mrs. Bartkovich and also encouraged City residents to vote today in the City’s Primary.
On motion of Mr. Dodd, second by Mr. Long, Council unanimously approved a closed work session later today.
With no further business to be discussed, the meeting was adjourned.
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Anthony Sarbanes
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Charles R. Dashiell, Jr.
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Edward T. Taylor
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Stevie Prettyman
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Gail M. Bartkovich
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Marvin R. Long
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Larry W. Dodd
______________________________
Theodore E. Shea, II
Administrative Director