Wicomico County, MD
  Council Minutes
May 2, 2006

 

The County Council of Wicomico County, Maryland met in Executive Session Tuesday, May 2, 2006 at 10:00 a.m. in Council Chambers, Government Office Building, Salisbury, Maryland.

 

Anthony Sarbanes, Charles R. Dashiell, Jr., Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich, Marvin R. Long and Larry W. Dodd were in attendance.

 

President Sarbanes called the meeting to order.  On motion of Mr. Dashiell, second by Mr. Taylor, Council approved the Minutes of April 18, 2006 as amended.

 

Proclamations:  President Sarbanes presented a Proclamation to Dr. James Cockey, recognizing the week of May 1-7, 2006 as Cover the Uninsured Week in Wicomico County. 

 

 

ADMINISTRATIVE DIRECTOR

Theodore E. Shea, II, submitted the following items of business:

 

Appointments to Boards and Committees

On motion of Mr. Long, second by Mrs. Prettyman, Council unanimously approved the appointment of Leslie H. Russo and Elizabeth Bellavance to the Wicomico Public Library Board of Trustees.

 

On motion of Mr. Taylor, second by Mr. Dashiell, Council unanimously approved the appointment of Frank Hamilton to the Tourism Advisory Board.

 

On motion of Mr. Taylor, second by Mr. Long, Council unanimously approved

Bruce L. Ritchie as the nominee to the Wor-Wic Community College Local Advisory Council.

 

Council Lunch Meetings:  During the previous Executive Session, Council had considered amending its practice of reimbursing the County for the cost of food served during lunch meetings.  Mr. Shea asked if Council would like to take any formal action on the matter.  Mrs. Bartkovich stated it was her understanding that Council expressed the desire to leave this option open to the next sitting Council; Mr. Dodd agreed with her assessment.  Mrs. Bartkovich then motioned to provide sufficient funds within the next Fiscal Year budget to provide funding for lunches, with the caveat that the decision would rest with the new Council members. Mr. Dodd provided a second and Council unanimously approved the motion.

 

Burn Ban:  On April 24th, the State of Maryland lifted the Statewide Burning Ban.

As the result of this action, Sandra Silvia, Director of Emergency Services, requested Council’s permission to also lift the County’s burn ban.  Council members provided approval by a telephone poll on that day.  Mr. Shea is asking Council’s formal confirmation of that action.  On motion of Mr. Dodd, second by Mr. Dashiell, Council confirmed its decision to lift the County’s burn ban, effective April 24, 2006.

 

Approval of Grant Application:  Council is asked to approve grant applications that would be submitted by the Local Management Board, to fund the following program:

 

BJAG – Governor’s Office for Crime Control and Prevention, in the amount of $220,000 to fund the New Day Youth Development Initiative.  This grant was awarded in December 2005, requires renewal through another funding stream.

 

Mr. Long motioned to approve the grant application request; Mr. Taylor seconded the motion.  Mrs. Prettyman asked Linda Hardman, Director, LMB, if any portion of the grant funds would be earmarked for Sheriff’s Office programs. Mrs. Hardman explained that the State has been deemed this grant as an inappropriate funding source for the Sheriff’s Office program.  Council then unanimously approved the request as submitted.

 

General Services Request:  Mr. Shea reported that as the result of unanticipated repairs and modifications to the Government Office Building’s HVAC system, the elevator renovations and the underground parking garage door serving Circuit Court, General Services anticipates a deficit of $70,000 in its operating budget.  Kenneth Lloyd, General Services Supervisor, is requesting a supplemental appropriation of $50,000 from the Contingency Account to support operation of the facilities for the remainder of the fiscal year.  If no other unforeseen expenses occur, the remaining deficit could possibly be absorbed by its existing budget.  Mrs. Prettyman motioned to approve the request and

Mr. Taylor provided a second.  In response to an inquiry made by Mrs. Bartkovich,

Fred Harris, Purchasing Agent, confirmed that the County would receive partial reimbursement for chiller repairs and elevator renovations from the City of Salisbury.

 

Position Classification:  Council had previously approved the establishment of the position of Long Range Planner, replacing the position identified as Zoning Analyst.

Human Resources has classified the new position as a Grade 19.  It should be noted that Planning & Zoning has funding available in its current budget, as well as the proposed FY 2007 budget for this position.  On motion of Mr. Long, second by Mr. Dashiell, Council unanimously approved the recommended grade classification for the position of Long Range Planner.

 

Humane Society – Request:  Linda Lugo, Director, Humane Society, came before Council to request an amendment to an existing Dog Ordinance.  Ms. Lugo referenced that portion of the Code dealing with “potentially dangerous dogs” and “dangerous dogs,” explaining that there are no time limits specified for compliance purposes.  While this has not been a problem in the past, the Humane Society is now dealing with an individual who is not making any effort to comply. The County Attorney stated that any change could be made through legislation and asked Ms. Lugo what time limits would be suitable.  Ms. Lugo suggested:

 

 

 

 

 

 

Article III – Potentially Dangerous Dogs, Section C: 

 

dog is to be confined by the owner upon receipt of Notice;

to pay for and attend obedience training – within thirty days;

to pay for marking for identification of dog – within ten days of notification.

 

Edgar Baker, County Attorney stated that he would be bringing the Capital bond bill to Council either May 16 or June 6; this proposed amended legislation could be introduced at the same time.

 

Ms. Lugo also referenced Section D, Dangerous Dogs, suggesting that the time frame should be “upon receipt of notification”; Section E, should reflect a time frame of

‘within ten days” and would like to add that the dog must receive obedience training.

 

Mr. Long stated that most legislation becomes effective 60 days after adoption; would Ms. Lugo require a shorter period of time; Ms. Lugo stated 60 days should be appropriate.  Mr. Dodd asked what would happen if a dog is not rehabilitated after receiving obedience training; Ms. Lugo responded that once a dog has been deemed dangerous and attacks once more, the Humane Society can put the dog down.  While the Humane Society would receive obedience training certification from the trainer, there is no way to determine whether a dog will attack again.  Having the owner properly confine such an animal is the only assurance against an attack; any dog deemed “dangerous” must be muzzled if on a leash; if confined on the property, in a locked kennel with a concrete floor; or if in a house, confined to a closed room.  Council concurred with the creation of amended legislation. 

 

Airport Open House:  Robert Bryant, Airport Manager and David Ryan, SWED, Inc., are planning an Open House for the renovated David Ward Building (former terminal building) at the Airport and are requesting a date that would be suitable for Council attendance.  Following brief discussion, Council chose 9:00 a.m. on May 16, 2006.

 

State’s Attorney’s Office:  Davis Ruark, State’s Attorney, is requesting a transfer of $2,000 from the Diversionary Fund to the Operating Fund, for the purchase of new telephone equipment.  The Finance Director was asked if she could confirm sufficient funds in the Diversionary Account; however, Mrs. Petersen did not have that information immediately available.  On motion of Mrs. Prettyman, second by Mr. Dodd, Council unanimously approved the transfer, contingent upon the Finance Director confirming

 

 

 

sufficient funds within the State’s Attorney’s Office Diversionary Account.

 

Burial Assistance:  Mr. Shea reported the receipt of a letter from Messick Funeral Home, requesting assistance with burial costs for the late Robert G. Waters, Nanticoke, Maryland.  It is the normal practice to provide $400 assistance with indigent burials; however, in this particular case, insurance funds were available to partially pay the funeral costs.  Mr. Long stated that funds disbursed by the County are not intended to supplement; they are provided for the sole purpose of assisting when there are no funds available for funeral costs.  Discussion ensued among Council members regarding the definition of “indigent”, the need to create a more definitive policy for this assistance, as well as varying opinions as to whether this request qualifies under current practice.

Mrs. Prettyman motioned to approve the request; the motion received a second by

Mr. Dodd.  The motion was duly carried, with Mr. Sarbanes, Mr. Long and Mr. Dashiell voting in opposition.  Following the vote, it was generally agreed among Council members that the subject should be fully reviewed, possibly for revisions leading to a more definitive policy.

 

With the arrival of Mrs. Mary Ashanti, President. NAACP, Mr. Taylor presented a Proclamation to recognize National Perfect Attendance Day in the public school system.

 

 

DEPARTMENT OF FINANCE

Patricia B. Petersen, Director, submitted the Contingency Report, reflecting no usage since the last meeting with a balance of $873,375. 

 

Payment of Invoice:  On motion of Mr. Dodd, second by Mrs. Prettyman, Council unanimously approved payment to BBJBC, Inc., in the amount of $6,000, for services for nuisance abatement of a property in Parsonsburg, Maryland.  Mr. Dodd remarked that the referenced property has been the source of numerous complaints over the past two years, and while the legal process to address the issue takes time, it has been accomplished; he wished to thank the public for being patient.

 

DEPARTMENT OF PUBLIC WORKS

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

 

Rewastico Pond Bridge Project:  The Public Works Office chose to prepare the design phase in-house, utilizing the expertise of Ed Heatwole, Chief Civil Engineer.  The work has been completed, resulting in 253.5 hours of compensatory time invested by

Mr. Heatwole and has saved approximately $22,000.  Because of the high volume of existing work, compounded by staff shortages, Mr. Sharma is requesting that

Mr. Heatwole is paid the value of the compensatory time, or $7,630.35.  On motion of Mrs. Prettyman, second by Mr. Taylor, Council unanimously approved the request as submitted.

 

 

 

 

Project Updates:  Wetipquin Bridge project design phase continues at the State Highway Administration level; Mr. Sharma is hopeful that the project will be ready to place on bid by July or August, construction to begin in the autumn and completed sometime in November.

 

Railroad Crossings:  Mr. Sharma has not yet received a response to his offer regarding repairs to both crossings; however, he will continue discussions.

 

Asphalt Paving Contract:  Mr. Sharma requests Council authorization to borrow $500,000 from the department’s reserve account to provide additional funds for the current paving contract.  When the contract was renegotiated with American Paving, the cost was projected at $1.08 million; today, taking into consideration increased prices for asphalt, the same schedule is going to cost $1.56 million. Mr. Sarbanes reiterated that this request was discussed during budget deliberations, but requires official approval by Council.  On motion of Mr. Dashiell, second by Mr. Long, Council unanimously approved the request.

 

Mrs. Prettyman asked if a portion of Levin Dashiell Road, from Rockawalkin to Hebron, is on the paving schedule.  Mr. Sharma responded that staff is looking to its 2007 schedule for this area.

 

Recycling:  Mr. Sharma announced that Pesticide Container Recycling days include

June 23, July 28, August 25 and September 22, from 9:00 a.m. to 3:00 p.m.  The public, particularly the farming community, is encouraged to attend.

 

Mr. Dodd asked Mr. Sharma about a portion of Schumaker Drive being closed on May 6;

Mr. Sharma said that Salisbury Fire Department, Station 1, would like to hold a dedication of the renovated facilities and asked that the street be closed from

11:00 to 4:00 p.m.   The public will be made aware of the alternate routes to use during that time.  Mr. Dodd also stated the public is encouraged to attend the dedication.

 

RECREATION, PARKS & TOURISM

Gary Mackes, Director, introduced Amanda Almon, Director of Marketing and Public Relations for the department.  Mr. Mackes is requesting Council approval to utilize

$15,000 from its Business Sponsorship Program. Ms. Almon explained that the Consultant would help determine a fair market cost for business advertising and would assist in identifying new marketing ideas and techniques.  Following a brief discussion among Council members, Mr. Long motioned to approve the request.  Mr. Dashiell provided a second to the motion, which was unanimously approved.

 

 

 

 

 

 

Mr. Mackes announced that the Maryland Recreation and Parks Association presented the following awards during its recent Conference: 1) Alan Seaton, Fruitland Recreation Council, received the State Volunteer of the Year award and 2) Lynn Bratten, volunteer and supporter of local wrestling tournaments, received the Volunteer and Board Branch Agency Volunteer of the Year.

 

In addition, Recreation, Parks and Tourism won the award for the best website in the State, as well as the best Recreation Guide. 

 

PUBLIC HEARINGS

Edgar A. Baker, Jr., County Attorney conducted the following public hearings:

 

PUBLIC HEARING:

Notice is hereby given, in compliance with Section 22-2(G) of the County Code that the County Council will hear protests and objections to a proposed Resolution to acquire from the Wicomico County Historical Society, the Heritage Center Building, located at Pemberton Park, for the sum of $195,000.  In addition, the County Council proposes to lease to the Historical Society, the second floor of the Heritage Center for administrative functions.  The property shall be used by the County for park and recreational purposes.

Mr. Mackes added that Program Open Space funds would be used in the acquisition; no County tax dollars would be involved.  In addition, the Historical Society would give the County $45,000 of the proceeds, to be placed in a sinking fund for repairs to the building.

 

Mr. Sarbanes asked for public comments, however, there were none.  Calling for Council comments, Mrs. Prettyman stated that this proposal is certainly a win/win situation for all parties and involved.  Mrs. Prettyman then motioned to approve the acquisition.  Mr. Taylor provided a second, which received unanimous Council approval.

 

PUBLIC HEARING:

Notice is hereby given, in compliance with Section 22-2(G) of the County Code, that the County Council will hear public comments on a proposed resolution to lease from Clara Road Investments, Inc., a parcel of land more fully described in a deed recorded among the Land Records in Liber No. 1833, Folio 413 and known as Parcel No. 25 on the County Tax Map No. 64.  The County intends to lease said parcel at a cost of $25,000.00 per year for 8 years, for the purpose of depositing soil from dredging operations and other incidental uses.

 

No public comments were received.

 

Council comments included Mr. Sarbanes reiterating the critical need to have a suitable  spoil site for dredging operations affecting local waterways.

 

On motion of Mrs. Prettyman, second by Mr. Dodd, Council unanimously approved the lease agreement as described above.

 

 

 

 

PUBLIC COMMENTS

 

Dr. Augustine DiGiovanna presented Mr. Sarbanes with a book.

 

Mr. Kenneth Holland asked why Council would question giving $400 towards burial costs. Mr. Sarbanes responded that assistance is not the issue; rather, the issue was the fact that there were insurance funds to partially pay burial expenses and whether the request qualified as an “indigent” burial.  However, Council did choose to assist with the costs this time.

 

Mrs. Mary Ashanti cautioned against setting a precedent and agreed that a more definite policy should be created to guide Council on such requests.

 

Mrs. Dorothy Truitt brought to Council’s attention, the issue of college students having to cross South Division Street to access Bateman and Onley Streets, when there is no true intersection there.  She considers this dangerous and has asked for some sort of signage or markings to make drivers more aware. 

 

Mr. Sharma addressed these concerns by stating that re-alignment of the intersection will not happen, since the City of Salisbury has had difficulty acquiring the land from Salisbury University.  He added that if the City could purchase the property at the corner of Onley and Bateman, perhaps the realignment could take place.  A subsequent traffic light might be put there by the City, sometime in the future. 

He also reiterated that striping/markings cannot be put on the street during winter weather, but he would look into putting reflective walkway markings.   Both the City and the County share her concerns and will take steps to provide temporary markings to make

pedestrians and drivers more aware.

 

Constructing sidewalks to address Bennett school pedestrians would also be within the jurisdiction of the City of Salisbury. 

 

COUNCIL COMMENTS: None

 

Mr. Taylor motioned to authorize a closed work session to discuss a possible land acquisition; Mr. Dashiell seconded the motion.  Council unanimously approved the motion.

 

With no further business to be discussed, Executive Session was adjourned.

 

 

 

 

 

 

 

Executive Session

 

 

                                                                        __________________________________

                                                                        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

Administrative Director