Wicomico County, MD
  Council Minutes
May 16, 2006

The Wicomico County Council met in Executive Session on Tuesday, May 16, 2006 at 10:00 a.m., 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 Dodd.

President Sarbanes brought the meeting to order calling for a motion to approve the Minutes of May 2, 2006. On motion made by Mrs. Bartkovich, seconded by Mr. Taylor and unanimously carried, the Minutes of May 2, 2006 were approved.

Vice President Dashiell presented a Proclamation in recognition of Drug Court Month to the Honorable Kathleen Beckstead, Judge of Circuit Court for Wicomico County. Judge Beckstead acknowledged present members of the Drug Court Team: R. Hunter Nelms, Sheriff; Davis Ruark, States’ Attorney and Beau Oglesby, Assistant State’s Attorney; Maureen Pinnix, Parole and Probation; Byron Collins, Addictions Counselor; Cherie Meienschein, Drug Treatment Coordinator and, Douglas Devenyns, Director of Corrections, who collaboratively work toward reducing drug usage and drug-related crime in Wicomico County, Maryland.

Councilman Dodd presented Proclamations to David Insley, for the support of the City of Salisbury’s Fire and EMS providers and Chief Steve White, EMS Volunteers, in recognition of Emergency Medical Services (EMS) Week. Councilman Dodd expressed sincere appreciation for the dedication and commitment of these public service organizations to the citizenry of Wicomico County and surrounding communities in carrying out the mission to save lives, property and the environment.

ADMINISTRATIVE DIRECTOR

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

Wicomico County Housing Authority

Council has received notice of existing vacancies on the Housing Authority Board. At the recommendation of Mr. Taylor, Council deferred action to a future meeting.

Waterway Improvement Fund - Grant Projects

For information purposes Mr. Shea announced the Maryland General Assembly has approved several projects in fiscal year 2007 important to boating access and public safety in Wicomico County (1) County-wide: complete repairs at County-owned public boat launch and marine facilities; Cherry Beach Ramp (2) Sharptown: replace existing boat ramp on Nanticoke River (3) Allen Fire Company: purchase equipment in support of marine fire/rescue operations that serve the Wicomico River (4) Department of Natural Resources Project: Ellis Bay Wildlife Management Area and (5) Nanticoke: resurface existing gravel parking lot and replace existing deteriorated timber boat ramp.

Governor’s Office of Crime Control & Prevention

The Governor’s Office of Crime Control & Prevention has undertaken a statewide initiative to develop a strategic response to the presence of criminal gangs, prevention, intervention and suppression in Maryland. Sheriff R. Hunter Nelms, Major Doris Schonbrunner and State’s Attorney Davis Ruark came before Council to invite members to a local community discussion, “Preventing Gangs in Our Community”, May 23^rd at the Wicomico Youth and Civic Center. These agencies, together with representation from other area law enforcement will unite to discuss this important issue with the community. Having heard conflicting interpretations, Mr. Dodd asked whether gangs actually exist in Wicomico County. Sheriff Nelms and Mr. Ruark agreed there are significant indications of gang activity in Wicomico County with identifying characteristics to particular groups of people and efforts to become more organized. Council expressed appreciation for this proactive approach.

Concert

Arthur W. Perdue Stadium officials request permission to host a Lynyrd Skynyrd concert on July 4^th at the Stadium. Upon motion made by Mr. Dodd, seconded by Mr. Long and unanimously carried, Council approved the request.

One-Day Alcohol License

Mr. Shea recalled Council approved a one-day alcohol license for the Rotary Club of Salisbury however the location of the event has since changed from 1715 Riverside Drive to Winterplace Park. Concurrence for a change in location is requested. Upon motion made by Mr. Taylor, seconded by Mr. Dashiell and unanimously carried, Council concurred.

Adoption of Operating Budget

Mr. Shea asked Council to reaffirm its decision to adopt the Operating Budget for Fiscal Year 2006-2007 on June 6, 2006. Upon motion made by Mr. Dashiell, seconded by Mr. Taylor and unanimously carried, Council set June 6, 2006 as the date to adopt the Operating Budget.

DEPARTMENT OF FINANCE

Statement of Latest Investment Rates/Balances for all County Funds

Patricia Petersen, Director, submitted the Financial Report. Total General Fund balance, $885,831, Capital Project Fund balance, $49,493,647; Total Major Non-designated Funds, $74,497,092; and Total Reserve Funds of $8,911,226. Amount used from Contingency to date, $147,025, Contingency balance, $827,975.

Westside Volunteer Fire Department

Westside has submitted a request for its proportionate share of the Capital Incentive Sinking Fund, in the amount of $16,000. Accompanying the request is bank certification that matching funds are available. Upon motion made by Mrs. Prettyman, seconded by Mr. Dashiell and unanimously carried, Council granted approval.

Transfer from Bond Contingency

Bond Project #474 (Wicomico Youth and Civic Center Parking Lot) has overrun by $1,189. The Purchase Order was entered for $3,000, the final bill to B & D Line Striping was $4,200; the system automatically increased the Purchase Order amount.

This requires a transfer from the Bond Contingency. Upon motion made by Mr. Long, seconded by Mrs. Bartkovich and unanimously carried, Council approved a transfer from Bond Contingency #456 to #474.

Grass Cutting Bills

In accordance to an agreement that the Director of Finance be authorized to make payments for grass cutting up to $250 without Council approval, Mrs. Petersen reported payment for grass cutting at 1408 West Road, Salisbury, Maryland, in the amount of $100.  This is for information purposes.

Highlights of Significant Financial Transactions

Mr. Ellis reviewed the referenced report citing year-to-date figures for collected and uncollected taxes, investment interest, recordation tax revenue and enterprise account revenues through April 30, 2006.

DEPARTMENT OF PUBLIC WORKS

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

Auction Proceeds

When: Tuesday, May 23, 2006

Time: 1:30 pm to 4:00 pm

Or

6:00 pm to 8:30 pm

Local Community Discussion to Follow Web cast

Where: Wicomico Youth and Civic Center

Flanders Room

Presented by

The Wicomico County Sheriff’s Office and

Office of the State’s Attorney

Major Doris Schonbrunner and Assistant State’s Attorney Dan Dougherty

In Cooperation With:

Delmar Police Dept.

Chief Hal Saylor

Fruitland Police Dept.

Chief Paul Jackson

Salisbury Police Dept.

Chief Allan Webster

Salisbury University Police

Chief Edwin Lashley

For additional information contact Major Doris Schonbrunner

410-548-4892 ext. 201

Proceeds in the amount of $10,095.73 were received from the County’s April 22^nd to the Roads Division; $176.70 to Public Works and $1,162.50 to Solid Waste, for a total of $11,434.93. Mr. Sharma requests the full amount be reimbursed to the Roads Division. Mr. Long offered a motion for approval. Ms. Petersen advised Roads would normally receive the proceeds for the Roads Division, Solid Waste would receive proceeds for Solid Waste and the proceeds for Public Works would be deposited to the General Fund. To accomplish the request requires a transfer from Solid Waste to Roads, and a transfer from the General Fund to Roads. Mr. Long amended his motion to allow the transfers. Mrs. Prettyman seconded the motion and it was unanimously carried.

Coulbourne Mill Dam: Contrary to media reports, Mr. Sharma wished to assure the County Council and its citizens that the Coulbourne Mill Dam is safe. Work has been underway since its approval in the 2003-2004 Bond Issue in the amount of $400,000, the design and permitting processes are ongoing with appropriate agencies; final plans were submitted to Maryland Department of the Environment (DAM Safety Division). Appropriate Public Hearings were held and, once permits have been secured, the bidding process will begin. Mr. Sharma is hopeful the media will share this information with the public.

Jones Hastings Road: Mr. Sharma advised that conditions on Jones Hastings Road were examined to determine the road’s safety and the extent of improvements. Mr. Sharma deemed the road safe if speed limits are obeyed as well as presenting options for road improvements. He advised that the use of chip or cape seal surface treatments would realize a substantial cost savings over hot mix asphalt and, if the Roads Division invested in a reclaimer (estimated at $83,000) the department could use its personnel, equipment, recycle the material, re-grade and treat the surface. He stated he would caution the traveling public during the milling and re-grading process. At this stage, Mr. Sharma requests permission to purchase the reclaimer. Upon motion made by Mr. Long, seconded by Mrs. Prettyman and unanimously carried, Council authorized the purchase; which requires a transfer of appropriations from Contingency.

Collins Wharf Road: Mrs. Prettyman reported calls from constituents regarding the condition of Collins Wharf Road, which is scheduled for tar and chip. She inquired about the likelihood of improving the road with cape seal, covered with slurry seal. Mr. Sharma said the option can be looked into contingent upon funding.

Pedestrian Cross-walk

At a previous meeting interest was expressed for a pedestrian cross-walk at Onley Road and South Division Street. Mr. Sharma assessed the area and suggests waiting until the City of Salisbury has installed a warning signal and sidewalk. No Council action was requested.

EDGAR A. BAKER, JR., COUNTY ATTORNEY

The County Attorney submitted the following item of business:

Public Hearing

Notice was given in compliance with Section 22-2(G) of the Wicomico County Code, that the County Council of Wicomico County, Maryland will hear public comments on the proposed resolution to grant to the City of Salisbury a Deed of Easement for the installation, erection, construction, operation, maintenance, repair and replacement of storm water management mains, laterals, pipes or facilities, and associated equipment under a strip of land containing approximately 480 square feet located on the Wicomico County Public Boat Ramp property.

There were no public or Council comments. Upon motion made by Mr. Dashiell, seconded by Mr. Long and unanimously carried, Council approved.

DEPARTMENT OF PUBLIC WORKS

Public Hearing

Deputy Director John R. Redden conducted a public hearing to hear public comments regarding a proposed amendment to the Wicomico County Water and Sewer Plan to allow the inclusion of two residential developments.  The first project is a 13 unit expansion of the existing Bennett Mobile Home Park located off Naylor Mill Road. These units will be served by proposed individual septic systems and the existing community water system, having an estimated water usage of 1950 GPD (gallons per day). Mr. Sharma confirmed the community water system can accommodate the expansion.

Public and Council Comments: The owner of Bennett Mobile Home Park, Howard Bennett, wished to introduced himself to Council. He had no additional comments. There were no Council comments. Upon motion made by Mr. Long, seconded by Mrs. Bartkovich and unanimously carried, Council approved the Bennett Mobile Home Park expansion.

The second project involves water and sewer extensions to the northeast portion of the Town of Willards. These extensions will occur in conjunction with the Town’s water and sewer plant upgrades.

Public and Council Comments: There were no public comments. Mrs. Prettyman confirmed that the portion of the Town was annexed but not a part of the Comprehensive Water and Sewer Plan. Mrs. Bartkovich added that she understands without upgrading the Plan, the Town could not accommodate any more growth. Upon motion made by Mr. Taylor, seconded by Mrs. Bartkovich and unanimously carried, Council approved the request.

GLORIA SMITH, PLANNER, DEPARTMENT OF PLANNING, ZONING AND COMMUNITY DEVELOPMENT

Public Hearing: The Establishment of Maryland Agricultural Land Preservation Districts.

In accordance with procedures established by the Maryland and Wicomico County Agricultural Land Preservation Programs, the County Council must approve applications by landowners wishing to establish an Agricultural Preservation District on their property; application on the part of landowners is entirely voluntary. The Council’s role is to consider the recommendation of the County Agricultural Land Preservation Advisory Board, testimony of the applicants and comments of adjacent landowners and the public, to determine whether a district should be established. If approved, a district agreement will be recorded in the Land Records of Wicomico County for each district. Establishment of a district limits use of the land to farming for a minimum of five years and (ten years if Property Tax Credits are received). Once a district is formed, landowners are eligible to apply to sell development rights easements to the State or County. The Wicomico County Agricultural Preservation Advisory Board has determined that all qualifying criteria has been met for the establishment of the following proposed Agricultural Land Preservation Districts and recommends approval of the requests.

1. Carolyn Myer District – Waller Road: The property consists of approximately 83 acres located on the northerly side of Waller Road, west of Delmar. The farm consists of pastures and training tracks for the horse breeding/training operation. Structures on the property include a residence and two horse barns.

2. Brian and Cynthia Evans and Virginia Wilson District – Quantico Road: The property consists of 867 acres. Approximately 256 acres located on the westerly side of Quantico Road, southwest of Hebron, is proposed for enrollment in the Agricultural Land Preservation Program at this time. Approximately 38 acres of the proposed district is in crop production while the remainder is forested. There are no structures on the property. The Evans District adjoins the Lee Simms District and will create a 370 acre tract in agricultural preservation.

3. Tim Curry District – White Lowe Road: The property consists of approximately 96 acres located on the easterly side of White Lowe Road, east of Hebron. Approximately 92 acres of the farm is used for grain production. The remainder contains of woodlands, the applicant’s home and farm buildings, as well as, an air strip and building used for a crop-spraying business (approved by the Board of Appeals). This proposed district adjoins the Carroll Huston and Eugene Lowe easement properties and will create an agricultural land preservation cluster of 300 acres.

4. Lee Richardson District – Poplar Neck Road: The property consists of approximately 81 acres located on the southerly side of Poplar Neck Road, northeast of Pittsville. Approximately 78 acres of the farm is used for grain production. The remainder contains poultry houses.

Public and Council Comment: Regarding the Brian and Cynthia Evans and Virginia Wilson District, William Simms wished to correct a reference to property known as the Lee Simms Easement. Mr. Simms (William) advised that the easement is recorded in his brother’s name (Lee Simms) however the property is in his name; he owns 220 acres to the north side. Mrs. Prettyman agreed the name change is important to avoid future challenges; Mrs. Smith will notify the State accordingly. Upon motion made by Mr. Long, seconded by Mrs. Prettyman and unanimously carried, the aforementioned districts were approved.

District Agreement Time Commitments – Maryland Agricultural Land Preservation Districts

The Wicomico County Agricultural Preservation Advisory Board Chair recommends that the minimum time commitment for District Agreements for Maryland Agricultural Land Preservation Districts in Wicomico County remain at five (5) years; the Planning Commission supports the recommendation. Upon motion made by Mr. Taylor, seconded by Mr. Long, and unanimously carried, Council accepted the recommendation.

BOARD OF EDUCATION

Mr. Shea reported the Board of Education for Wicomico County has submitted a request for approval of funds between categories of its approved Annual Budget, in the amount of $160,163 for the month of May. The request received approval of the Board at its regular meeting held on May 9, 2006. Upon motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried Council approved the request. For information, Mr. Shea reported the Board gave its approval to make transfers of funds within major categories of its Annual Budget for Fiscal Year 2005-2006 during the month of May, in the amount of $103,976. Transfers within major categories do not require Council approval. In accordance to a “gentlemen’s agreement” with a previous Council, the Board gave its approval to make transfers of funds under $l,000.00 between categories of its Annual Budget for Fiscal Year 2005-2006 during the month of May, in the amount of $16,923. No action is requested.

Public Comments:

Dr. Augustine DiGiovanna distributed a prepared statement to each Council member expressing a number of concerns relative to the County’s revenues and expenditures. Dr. Giovanna asked that Council members would read and respond approximately.

Ms. Karen Basile thanked the Planning staff for aggressively seeking responders for the Agricultural Land Preservation Districts, noting the creation of the Rural Legacy program is a step forward toward slowing development.

Council Comments:

There were no Council comments.

The County Council reserves the right to close a portion of this meeting as authorized by Section 10-(508)a of the State Government Articles of the Annotated Code of Maryland. Mr. Dashiell motioned to close the meeting and it was unanimously carried.

There being no further business to come before the Council the meeting was adjourned.

________________________________________

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

May 16, 2006