Wicomico County, MD
 Council Minutes
 March 2, 2004

 

The Wicomico County Council met in Executive Session on Tuesday, March 2, 2004

at 10:00 a.m. in Council Chambers, Government Office Building, Salisbury, Maryland.

Present were Anthony Sarbanes, President; Charles R. Dashiell, Jr., Vice President, Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich, Marvin R. Long and Larry W. Dodd.

 

Mr. Sarbanes brought the meeting to order.  The first order of business was to present a Resolution to commend the Town Commissioners of Sharptown for showing that their volunteers are valued for the contributions they make and that such public recognition will help keep volunteers involved and continue to make Sharptown the fine community that it is today.  Mr. P. Douglas Gosnell, President of Sharptown Commissioners accepted the Resolution presented by Councilwoman Stevie Prettyman.

 

A Proclamation was presented to declare March 2004 as Purchasing Month in Wicomico County.  Mr. Fred Harris, Purchasing Agent for Wicomico County accepted the Proclamation presented by Councilman Marvin R. Long.

 

A Proclamation was presented declaring March 2004 as Colorectal Cancer Awareness Month in Wicomico County. Ms. Tracey Hedger, Wicomico County Health Department, accepted the Proclamation.  Mrs. Lore’ Chambers, St. James A.M.E. Zion Church spoke in support of the program’s benefits to the community.  Councilwoman Gail Bartkovich presented the Proclamation.

 

On a motion made by Mrs. Bartkovich, seconded by Mr. Dashiell and unanimously carried, Council adopted the Minutes of February 17, 2004 as written.

 

ADMINISTRATIVE DIRECTOR

 

Theodore E. Shea, II, submitted the following items for Council’s consideration.

 

Indigent Burials: The Bennie Smith Funeral Home has submitted a request for assistance with the indigent burial of Marcellus Maddox. On motion made by Mr. Long, seconded by Mr. Dodd and unanimously carried, Council granted assistance in the amount of $400 and authorized the following Transfer of Appropriations:

 

TRANSFER TO                                                          TRANSFER FROM

            00l.111.510.00.070                                                     001.990.570.00.033

Council Operating                                                         Contingency Account   

                 $400.00                                                                              $400.00

 

Delmarva Medical Ventures Annexation: Notice is hereby given that the Mayor and Commissioners of Delmar will hold a public hearing on the proposed Resolution to annex certain lands contiguous to the current corporate limits of the Town binding on the East side of U.S. Route 13.  According to the report there are no zoning changes.  This is for information purposes and requires no action.

 

Capital Improvements Program:  March 16, 2004 is the date set to adopt the Capital Improvements Program, anticipating an afternoon work session this date. Mr. Shea noted the afternoon is dedicated to the review of the Proposed Charter and therefore requests Council’s consideration to have the review March 16th and the adoption, April 6th. On motion made by Mr. Long, seconded by Mr. Dashiell and unanimously carried, Council approved the request.

 

DEPUTY ADMINISTRATIVE DIRECTOR

 

Performance Audit Status: S. Michael Thompson, joined by Board of Education Assistant Superintendent Charles Bounds, presented an overview of the Operational Review of Selected Programs and Functions of the County Government and Board of Education (referred to as the Performance Audit Report) prepared for Wicomico County by the Parsons Asset Management Group:

 

1.       Establish Asset Management Program--Wicomico County Government and the Board of Education collect data and maintain records of assets—this started long before the Parson’s Study.   New accounting standards (“GASB34”) implemented last year required the County and Board of Education to collect sufficient data to depreciate fixed assets.

 

2.       Develop Integrated Information Technology (IT) Plan--County and Board teamed to select common business management systems.  County, City and Board teamed to develop a Geographic Information System.  County and Board combined technology to provide Internet access at reduced cost—Board provided fiber optic to County, County provided wireless technology to Board.  All County hardware and software purchases are approved by IT to insure system compatibility and best price.

 

3.       Overhaul Portions of Compensation System—Human Resources continuously updates the County Personnel Manual and annually recommends changes to the compensation system and other conditions of employment. County Legislation Required.

 

4.       Audit Utility Costs--$3,100 recovered from telephone carrier for accounts not related to county operations.  Re-negotiated contract resulted in a free month of telephone service.  New energy contracts for large general service accounts resulted in $13,000 saving in 2003.  Purchasing negotiated contracts for 75 small general services accounts that “locked” the electricity rate for two years—until September 2005.

 

  1. Revise Pension Plans—County Legislation Required.

 

6.       Consolidate Support Functions—Consolidation of County and Board activities may require legislative changes as well as negotiation.  A legal opinion has been requested to determine the appropriate track to follow.

 

7.       Establish Central Commissary--Board child nutrition service is essentially self-supporting--$15,000 County funds are used.  Corrections Department’s Federal prisoners program is self-supporting.  The nursing home is self-supporting.  Board currently serves 25 schools from five kitchens.  School lunch prices have stayed constant.

 

  1. Establish Public Safety/Fire Protection District—County Legislation Required.

 

9.       Enhance Internet Applications--Performance Audit and Status Report are on-line, as are:  Requests for bids on products or services;  Employment opportunities;  Information on each County department and connections to other related agencies;  Sheriff’s Office’s sex offenders registry;  Civic Center Box Office sells tickets to events on-line;  Recreation registration system is on-line.  All current County web programming done at no additional cost by in-house staff at IT and the departments.

 

10.    Develop Formal Board of Education Staffing Plan--Staffing formulas are developed for:  Building Services Staff;  Food Services;  Bookkeepers/Clerical Staff/Administrative Assistants;  Instructional Teaching Staff;  and, Administrative Staff

               

11.    Centralize Purchasing Function--County has contracts on: printing and stationery, work clothes, auto repairs, auctioneering services.  County uses Board Contracts for: paper, janitorial supplies and related paper products.  County uses Maryland & Delaware contracts for vehicles, copiers and computers.  Board use of County contracts for Salt. Board utilization of County E-Cycling Project.  Shared use of telecommunication system for Internet.  Team review and evaluation of financial management hardware and software—both additionally investigating automated system to control all purchases—to reduce cost, improve efficiency and provide checks and balance.

 

  1. Update/Document IT Emergency and Disaster Recovery Plans--Done

 

  1. Implement Impact Fees— County Legislation Required.

 

  1. Implement Transfer Tax—County Legislation Required.

 

  1. Implement a PILOT for Salisbury University—State Legislation Required.

 

  1. Enhance the Wicomico County Liquor Control BoardState Legislation Required.

 

Mr. Thompson announced the County is building an improved website www.wicomicocounty.org and urges all citizens to peruse the site for an in-dept review of this information and further information on County functions and services, employment opportunities, recreation and related agencies. Following the report, Mrs. Bartkovich corrected the number of available school kitchens (minutes reflect correction from six to five) and Mrs. Prettyman suggested clearly defining whether required legislation is State or County.  Council expressed appreciation to Messrs. Thompson and Bounds for their work on these issues.

 

DIRECTOR OF FINANCE

 

Financial Report: At its meeting of January 20, 2004, Patricia B. Petersen, Director, suggested and Council concurred, that the Statement of Latest Investment Rates/Balances for all County Funds reflecting the General Fund Balance, Capital Project Fund, Total Major Non-designated County Funds, and Total Designated Reserve reports be submitted at alternate meetings; she would however continue to report the Contingency Fund during each meeting.  Toward that end, Financial Report:  Mr. John Ellis, Chief Accountant, presented the Statement of Latest Investment Rates/Balances for All County Funds and Highlights of Significant year-to-date transactions. The Room Tax Collection Report shows no new delinquent accounts however Council is reminded that two accounts are still outstanding, one in bankruptcy and the other in litigation.

Financial Report:  Mr. John Ellis, Chief Accountant, presented the Statement of Latest Investment Rates/Balances for All County Funds and Highlights of Significant year-to-date transactions. The Room Tax Collection Report shows no new delinquent accounts however Council is reminded that two accounts are still outstanding, one in bankruptcy and the other in litigation.

Mrs. Petersen reported there was no change in the Contingency Fund balance since the last meeting; amount used $38,197 of budgeted $935,122, Fund balance $896,925. 

 

Request for Capital Incentive Sinking Funds:  Salisbury Fire Dept., Inc. has requested the available funds in the Capital Incentive Sinking Fund. Mrs. Petersen reminded Council the funds are for use by volunteer companies.  Since there has not been discussion on the City of Salisbury’s proposal to consolidate the three City stations, volunteer and paid, Council elected to take no action on the request at this time and to forward a letter to the Salisbury Fire Dept. Inc. advising of their decline to act on the request.

 

Westover Hills Lighting District:  Mrs. Petersen reported that bills have been distributed and include an insert explaining the billing delay. Also included is the offer to assist anyone with concerns over meeting payment deadlines.

 

DEPARTMENT OF PUBLIC WORKS

 

P. Rai Sharma, Director, submitted the following items of business:

 

Subdivision Name:    Westwood Commerce Park, Section No.1 

Location:                    Naylor Mill Road & Ocean Gateway     

Election District:        Salisbury (#9)

Map:                           28 Parcel:  141 & 178  Grid:  18

 

Applicant:                  AWB Engineers

                                 1942 Northwood Drive

                                 Salisbury, Maryland 21801

Owner:                      H & R Pepsi, LLC

               P. O. Box 2138

               Salisbury, Maryland 21802

 

Proposal: The Applicant proposes to subdivide two tracts of land into nine lots and two remnant parcels. The lots will be for commercial use and average 3.4 acres each.  This development is the initial phase of a proposed 49-lot business park. All lots will front and have access on a proposed interior road with denied access to Naylor Mill Road, a major collector road, and Ocean Gateway, a State highway. The Planning Commission reviewed the Sketch Plat on August 21, 2003.  It was noted at that time that the business park would be served by the City of Salisbury’s public water and sewer system.  Water and sewer mains will be extended down West Road and Queen Avenue through the proposed Sassafras Meadows development.  This service will occur under a pre-annexation agreement between the City of Salisbury and the property owner. The property owner should be aware that future phases of this business park will be contingent upon rezoning of the remaining lands. Consideration should be given to providing significant landscaping along Ocean Gateway and the Salisbury By-pass since this is the “Gateway” to Salisbury. Proposed Conditions:

 

1.                  The Final Plat shall comply with the subdivision regulations.

2.                  Health Department approval is required.

3.                  This subdivision shall comply with the Forest Conservation Regulations.

4.                  Construction improvements plans shall be submitted for approval to the Public Works Department.

5.                  All lots shall have denied direct vehicular access to Naylor Mill Road and Ocean Gateway.

6.                  A property owners association shall be created to maintain the storm water management facilities, drainage and maintenance easements, landscaped medians, and forest conservation easements in accordance with County policy.

7.                  A pre-annexation agreement, as well as water and sewer contract drawings, shall be submitted for approval by the City of Salisbury.

8.                  The traffic study shall identify impacts to the existing street system due to the project and any necessary improvements.  A traffic control plan will be required in accordance with county and state policy.

9.                  Approval from the State Highway Administration must be obtained for access, drainage, traffic and utility purposes.

10.              Proposed sidewalks shall be constructed in accordance with County Standards and shall be owned and maintained by the individual lot owners.

11.              The remnant parcels must be combined to avoid creation of a landlocked parcel.

12.                 The County’s Water and Sewer Plan must be amended to show this development as being served by public water and sewer.

 The Department recommends approval of this subdivision by the Planning Commission, subject to the proposed conditions being met. Following review, Council concurred with the recommendation and all conditions set forth.

 

Update on Ferries:  Mr. Sharma announced the Whitehaven Ferry would be docked approximately four months while Somerset County replaces the ferry ramp and bulkhead on its side of the Wicomico River.  The Roads Division will post appropriate signage advising ferry users of the closure and put a recorded message on the telephone service. Upper Ferry work will begin in September so that one ferry will always be in operation.

 

Wetpquin Bridge:  Mr. Sharma reported correspondence from consulting engineers indicating receipt of approval from the Maryland Department of the Environment for the permit to replace the bridge and that the Army Corp of Engineers has signed off on the project. The next step is to approach the Coast Guard.

 

Mrs. Bartkovich complimented the Department on work done on Airport Road, particularly ditching improvements.

 

 

PLANNING, ZONING AND COMMUNITY DEVELOPMENT

 

Metropolitan Planning Organization: Jack Lenox, Director, recalled that Wicomico County has a number of major planning initiatives underway. One means to fund the necessary coordination is the Metropolitan Planning Organization (MPO); built into the fiscal year 2004 budget.  Notice was received from the Maryland Department of Transportation that the Salisbury/Wicomico MPO has U. S. Department of Transportation approval. Wicomico County can begin work immediately to ensure that associated federal funds are locally encumbered by June 30, 2004; costs may be reimbursed retroactively.  Mr. Lenox requested permission to work with the Administrative Director to fill the position of Planner III, Chief of Transportation/Long Range Planning. Council concurred.

 

Mr. Lenox confirmed that March 19 is the Council’s Strategic Planning work session with Dr. Memo Diriker, Power Professional Building, Salisbury University.

 

Foxfield Annexation: Mr. Lenox reminded Council their consent is required when annexation occurs where the zoning is different than the Comprehensive Plan. The following annexation zoning is requested:

 

Name:              Harford Road – Homes at Foxfield Annexation

Applicant:         City of Salisbury – Referral

Location:          Southerly side of Harford Road and westerly side of West Zion Road

Request:           Annexation Zoning- 0.85 acres

The City Director of Public Works has referred the Harford Road – Homes at Foxfield annexation located on the northerly side of Salisbury to the Planning Commission for review and recommendation of an appropriate zoning designation.  The properties are located on the southerly side of Harford Road and consist of two lots totaling .85 acres. The lots are currently undeveloped and proposed for use as the entrance drive and project identification sign for the Homes at Foxfield.  The Wicomico County Public Works Department recommends this as an alternate entrance for the site due to the limited frontage of the Houlihan property on West Zion Road and the proximity of the entrance to the branch and curve in the roadway. The purpose of the Planning Commission's review is to make a zoning recommendation for the annexation area that is currently zoned R-15 Residential in the County.  The adopted Metro Core Comprehensive Plan designates this area as “Suburban”.  The applicant is requesting Light Business and Institutional zoning upon annexation to the City so that the zoning will be consistent with the Homes at Foxfield site.  Staff recommends that the Planning Commission forward a recommendation to the City Council for Light Business and Institutional zoning upon annexation of the Homes at Foxfield property to the City of Salisbury.  On motion made by Mr. Long, seconded by Mrs. Prettyman, and unanimously carried, Council granted approval.

Governor’s Development Capacity Task Force:  For information purposes Mr. Lenox announced he would appear before the Governor’s Development Task Force to review build-out numbers for the City of Salisbury and Wicomico County; the numbers will be useful in the development of the Comprehensive Plan Update and the new water and sewer plan.

EDGAR A. BAKER, JR., COUNTY ATTORNEY

Public Hearing: NOTICE IS HEREBY GIVEN in compliance with Section 22-2(G) of the Wicomico County Code, that the County Council will hear public comment on the proposed resolution to convey for the sum of $24,000 to Evelyn W. Farlow the following described parcel of land: 

All that lot, tract or parcel of land lying and being in the Parson’s Election District of Wicomico County and State of Maryland, located on the Northerly side of, but not binding upon Old Ocean City Road, State Route No. 346 as shown on a plat entitled “Right of Way Survey for Wicomico County,” Plat No. 2, dated December 5, 1996, revised January 17, 1997, prepared by McCrone and recorded among the Land Records of Wicomico County, Maryland in Plat Cabinet 12/332; and being more particularly described as Parcel 1011, part of Lot 40, consisting of 1.728 acres, more or less.

There were no public comments. On motion made by Mr. Taylor, seconded by Mr. Long, and unanimously carried, Council accepted the proposal.

Public Hearing:  NOTICE IS HEREBY GIVEN in compliance with Section 22-2(G) of the Wicomico County Code, that the County Council will hear comments, protests and objections to the following road closing request:

Milford Street Associates, LLC, request the closure of the unopened portion of Belmont Avenue located at the easterly end of Belmont Avenue beyond the line formed by an extension of the easterly line of Greenmont.  The portion of road to be closed will be conveyed to the adjoining property owners, Richard E. and Elsie M. Farrell.  A cul-de-sac will be designed at the edge of Belmont Avenue and Greenmont Avenue will terminate at the northerly line of Belmont Avenue.

Public Comment:  Mary Ashanti, President of Wicomico County Branch of the NAACP asked for clarification of the property location and its impact to the community. Mr. Sharma located the area on a map then stated the proposal is the result of concerns expressed to the Planning Commission over commercial traffic through this neighborhood. Mr. Long commended the developer, Palmer Gillis, for working with residents to create a situation that was amenable to all. He motioned for approval. It was seconded by Mrs. Bartkovich and unanimously carried.

LEGISLATIVE SESSION

On motion made by Mr. Long, seconded by Mrs. Prettyman, and unanimously carried, Council adjourned to Legislative Session for the introduction of Bills. Legislative Minutes are separate and apart from Executive Session. Minutes are available for public review.

WICOMICO COUNTY COMMISSION ON AGING

Senior Recognition Reception:  David MacLeod, Chair; Arlene Spack, Vice Chair; Pam Wood and Doran Christiansen, Board members; Peggy Bradford, Executive Director, and Cheryl Senkbeil, Secretary, MAC, Inc., appeared before Council.  Mr. Dodd was recognized as the County representative to the Commission. Mr. MacLeod invited Council to the Commission’s Senior Recognition Reception at Mallard Landing on May 13th.  The reception will recognize volunteers who are 62 years of age and older. The keynote speaker is Louise Gulyas, State Chair for the Commission on Aging. (Ms. Gulyas is also a Worcester County Council Member) Mr. MacLeod wished to thank the community for its monetary support of the reception and Mallard Landing for use of the facility.  

MAC, INC.:  In other areas relative to the aged, Mrs. Bradford reported that State budget cuts have caused reductions in operating days at Senior Centers, meals served and meals on wheels programs, housing subsidies for assisted living and low income residents and reductions in health insurance counseling programs.  She announced that MAC, Inc. has partnered with Dr. Memo Diriker, Salisbury University, to conduct a study entitled the “Graying of Delmarva”.  This needs assessment will identify services and requirements of the County’s aging population, as well as services the aged can render.

WICOMICO COUNTY HOUSING AUTHORITY

2004 PHA Plans: Claire Fortt, Acting Director, and Narcinda Church, Section 8 Housing Program, submitted the 2004 PHA Plans for the Wicomico County Housing Authority and the Certification by State or Local Official of PHA Plans Consistency with the Consolidation Plan. The Plan allows for modernization changes to Housing Authority facilities in upcoming years. Ms. Fortt advised that one of the projects for the coming year is the renovation of fourteen units for handicap accessibility.  Mrs. Prettyman inquired about occupancy rates; Ms. Fortt estimated 87% for public housing. She also stated that due to the constant moving of Section 8 tenants, occupancy rates are difficult to determine.   

Mr. Taylor shared with Council his concern that Board members, particularly those he has personally appointed to serve, have all resigned and seemingly for the same reason.  The latest resignation from Deloris Watson, who while she appreciated the opportunity to serve, expressed her dissatisfaction with the decision making process, the absence of an Executive Director, and the Board’s inability to reach a consensus to hire a Director. Council members agreed to meet with the Board’s Chair at its next meeting to discuss structure and the process by which the Director is being sought. 

On motion made by Mrs. Prettyman, seconded by Mr. Dodd, and unanimously carried, Council adopted the 2004 PHA Plans.

DIRECTOR OF RECREATION AND PARKS

Wicomico County Land Preservation and Recreation Plan:  Mr. Mackes came before Council to provide an update for the development of the Plan; stipulated by the State for eligibility to receive grant funds. A Request for Proposals from qualified firms was solicited, Urban Research and Development was selected. The Plan involves community stakeholders, who during the week of March 15th will have an opportunity to discuss the need to buy and/or develop park land, renovate older facilities and address conservation and open space issues. Council members are invited and encouraged to exchange ideas to incorporate into the Plan. 

PUBLIC COMMENT

Wicomico County NAACP President Mary Ashanti called for accountability from those who serve the County on various boards and commissions.  She encouraged Council to monitor attendance.  She concluded agencies such as the Housing Authority cannot conduct business without the leadership of their advisory board. 

There being no further business to come before Council the Executive Session was adjourned. On motion made by Mr. Long, seconded by Mr. Dodd and unanimously carried, Council reconvened in Closed Session as authorized by Section 10-(508)a of the State Government Articles of the Annotated Code of Maryland.

 

 

_________________________________

Anthony Sarbanes, President

                                               

_________________________________

                                                            Charles R. Dashiell, Jr., Vice President

                                                           

                                                            _________________________________

                                                            Edward T. Taylor, District 1

 

                                                            _________________________________

                                                            Stevie Prettyman, District 2

 

                                                            _________________________________

                                                            Gail M. Bartkovich, District 3

 

                                                            _________________________________

                                                            Marvin R. Long, District 4

 

                                                            _________________________________

Larry W. Dodd, District 5

 

____________________________

Theodore E. Shea, II

 

Minutes of March 2, 2004.