Wicomico County, Maryland
Council Minutes
July 6, 2004
The Wicomico County Council met in Executive Session on Tuesday, July 6, 2004 at 10:00 a.m., Council Chambers, Government Office Building, Salisbury, Maryland.
Council members 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 brought the meeting to order and requested a motion to approve the Minutes. On motion of Mrs. Bartkovich, seconded by Mr. Long, the Minutes of
June 15, 2004 were approved as submitted.
Theodore E. Shea, II, submitted the following for Council’s consideration:
Request for One-Day Alcohol License: The Recreation Commission recommends approval by the Council to allow the YMCA to use Schumaker Park for an event on
September 11, 2004 and the application for a one-day alcohol license. On motion of
Mr. Long, seconded by Mr. Taylor, Council unanimously approved the request.
Appointments to Boards and Committees:
Local Advisory Council: Murray K. Hoy, President, Wor-Wic Community College is requesting that Council nominate two individuals to serve on the College’s Local Advisory Council. On motion of Mr. Dashiell, seconded by Mr. Taylor, Council approved the names of Carolyn Elmore and Allen C. Brown as nominees by six favorable votes. Mrs. Prettyman was not present during the vote.
Nebo Road Watershed Association: The association managers are petitioning the County Council to appoint a Board of Viewers to review benefited lands within their PWA and to update tax rolls as required by Maryland’s Drainage Law. Mr. Dick Parsons, PDA Coordinator for Wicomico County, submitted the names of Herman Davis, Roger Richardson and Paul Brittingham as candidates. On motion of Mr. Long, seconded by Mrs. Bartkovich, Council unanimously approved the appointment of said candidates.
Burial Assistance: On motion of Mrs. Prettyman, seconded by
Council unanimously approved an appropriation of $400 from Contingency to assist Jolley Memorial Chapel with burial costs for the late George W. Wilson, Sr.
Hiring Procedures for FY 2005: Mr. Shea recalled that the FY 2005 budget has been adopted and suggested that Council consider restoring normal hiring procedures as authorized by the new operating budget Mr. Long motioned to approve the return of normal hiring procedures; the motion received a second by Mr. Dashiell and was unanimously carried.
Access 26: As a matter of information, Mr. Shea advised that Public Access Channel 26 will utilize a new name, “PAC 14” in the very near future.
Civic Center Catering Kitchen: Gary Mackes, Director, Recreation, Parks & Tourism, advised that a construction bid for the catering kitchen should be ready next week. Staff is hopeful that the catering kitchen would be substantially completed by October 31st. It is now time to enter into an agreement with the State of Maryland, Department of General Services, for the two bond bills received, one being $217,000 and the second for $80,000. The County Attorney reviewed the documents and found them to be satisfactory and Mr. Mackes is requesting Council’s approval. Mrs. Prettyman asked for confirmation that a match would be required; Mr. Mackes explained that many purchases already made would go toward a 50/50 match, to be supplemented by a loan from the Tourism reserve account. On motion of Mr. Long, Council unanimously approved the request.
During a previous work session, Council and Mr. Mackes discussed the merits of converting the Concession Manager’s classified position to that of contracted services. On motion of Mr. Dashiell, seconded by Mr. Long, six Council members approved the request. Mrs. Prettyman opposed granting the request, explaining that she would prefer to see an analysis of the performance of the entire Civic Center operation prior to this action.
Mr. Mackes then distributed the new Tourism Guide. Mrs. Bartkovich mentioned that she was told the bridge repairs on U. S. 13 North at the Tourist Information Center, would not be completed until September.
DEPARTMENT OF FINANCE
Patricia Petersen, Director of Finance, submitted and reviewed the Statement of Latest Investment Rates/Balances for all County Funds.
Mrs. Petersen also requested Council’s approval to issue two Permits to Operate for Sign Inn Bed and Breakfast and Woodlawn Campground. On motion of Mr. Taylor, seconded by Mr. Dodd, Council unanimously approved the permits.
Council was asked to approve payment for grass cutting and clean up, as per the County’s Nuisance Code, to the following contractors:
Jobs Unlimited $180
J&J Lawn Care 250
Chesapeake Service 520 (three properties)
Mrs. Prettyman asked how staff determines the contractor who would perform the needed services. Staff responded that the department maintains a list of contractors available for such work and they are used on a rotational basis, as practicable. On motion of
Mr. Dodd, seconded by Mr. Dashiell, Council unanimously approved the referenced payments.
P. Rai Sharma, Director, submitted the following items of business:
Subdivision: for Mary & Norris Twilley DPW No. 19-04
Location: Norris Twilley Road
Applicant: Douglas Williams
Owner: Mary and Norris Twilley
Applicant proposes to subdivide a 1.4 acre lot from an existing parcel; both the proposed and remnant lots will front and have access on Norris Twilley Road. The Department of Public Works recommends approval of this subdivision by the Planning Commission, subject to the following conditions being met: 1) the final plat shall comply with subdivision regulations and Forest Conservation regulations; 2) Health Department approval is required; 3) the fifty percent set aside must be established on the remnant by plat and document; and 4) a fifty foot flood protection setback, as well as drainage and maintenance easement, shall remain along Mockingbird Mill Race. Following review, Council unanimously concurred with the conditions and recommendation.
Request to Post Improvement Bonds
The developer of Sassafras Meadows is requesting permission to post an improvement bond to allow recording of plat. Mr. Sharma stated that this project involves a pre-annexation agreement with the City of Salisbury; at the point the annexation takes place, the County will be responsible for maintaining the development’s streets. In response to Mr. Long’s question, Mr. Sharma said the City limit is approximately 2,000 feet from the subdivision. Mr. Taylor asked the County Attorney about the use of “flagpole” annexations; Mr. Baker responded that while this type of annexation is still being used, it is considered illegal. With discussion concluded, Mr. Dashiell motioned to approve posting of the improvements bond; the motion received a second by Mr. Taylor and was unanimously carried.
The developer of Ward Manor also requests authorization to post a bond for improvements. On motion of Mr. Long, seconded by Mr. Taylor, Council approved the request with six favorable votes. Mrs. Prettyman was not present for the vote.
The developer of Sandyfield, Section 2, Phase 1, is requesting authorization to post bond for improvements. On motion of Mr. Long, seconded by Mr. Dashiell, Council unanimously approved the request.
Mobile Home Park Licenses:
Mr. Sharma reported that all mobile home parks have complied with county standards and recommends approval of licenses for Bennett Mobile Parks, Bohnak Trailer parks & Sales, Boyer’s Trailer Park, Cedarhurst Village, Country Village Mobile Home Park, Eastwood Village, Eastwood Village II, Gateway Village, Green Meadows Compact Homes, Hebron Woods Mobile Home Park, John Walston Mobile Park, Naylor Mill Village, Oak Ridge Trailer Parks, Parkway Mobile Estates, Pine Tree Mobile Estates, Salisbury Mobile Home Park and West Side Mobile Park. On motion of Mrs. Prettyman, seconded by Mrs. Bartkovich, Council unanimously approved the request as submitted.
The City of Salisbury is prepared to install water/sewer and stormwater drainpipes to serve three subdivisions in the Dykes Road area; this will require the road to be closed from July 7 through August 3. There are alternative traffic routes open to the affected residents and the general public.
In addition, the County Roads Division has obtained a permit to allow replacement of a sizable pipe under Collins Wharf Road. The repair should begin the week of July 12 and take approximately one week. Mr. Sharma provided Council with a map showing the work site and alternative routes for the residents. Mr. Sharma stated that widening the entire road is not in the department’s budget at this time.
Mr. Sharma reported that all road damage incurred during the past winter has been repaired and the Whitehaven Ferry is now in service.
Edgar A. Baker, Jr., referred to two agreements, one with Comcast Spectacor and one with the Department of Justice, which were discussed during a previous work session.
The Comcast agreement, involving Perdue Stadium, reflects a contribution of $500,000 to assist with the water & sewer extension project. On motion of Mr. Long, seconded by Mr. Taylor, Council unanimously approved the addendum to the Concession Agreement.
The second agreement involves a settlement with the Department of Justice. On a motion by Mr. Long, seconded by Mr. Dashiell, Council unanimously approved the agreement.
Mr. Baker announced that the publicized public hearing would begin at 11:00 a.m., as scheduled.
John Lenox, Director, in response to an earlier question, explained the procedure for obtaining contracted services for Nuisance Abatement. There is a contractor’s list open to all, providing minimum insurance and bonding requirements are met. Some contractors choose to make their services more readily available, but the process is open.
Mr. Dodd asked how the prices are kept competitive. Mr. Lenox explained that the rate per hour is reviewed to ensure reasonable prices.
Land Preservation Programs: Mr. Lenox and Gloria Smith, Planner, came to seek Council approval for participation in a local Agricultural Land Preservation matching program. This request does not require a commitment of funds at this time. If approved by the State Foundation as a local matching program, the County would be required to commit a specific amount of money later this year. Wicomico County has participated in this program since 1986. On motion of Mr. Dashiell and a second by Mrs. Prettyman, Council unanimously approved participation in the program.
Mrs. Smith reported that this past April, staff submitted paperwork to allow Wicomico County to participate in Maryland’s consolidated application for Federal Farm and Ranchland Protection funds. Maryland received $5.9 million for agricultural preservation, $3.7 million of which would be administered by the Agricultural Land Preservation staff and $197,000 is earmarked for Wicomico County.
Mr. Lenox advised that staff has received notice of $400,000 supplemental funding under the Rural Legacy Program for purchase of easements in the Quantico Creek area. Mr. Lenox suggested meeting with Council in the future for establishing a mechanism for spending funds targeted for the Forest Conservation program (designed to offer developers of either preserving forest land or paying into a fund). He added that when an industrial or economic development project is involved, preservation is not as practical to preserve land that would be added to the tax base, as the payment into the fund. Therefore, the staff needs to establish a procedure to acquire easements, as well. This approach, if encouraged, would help increase the fund balance.
Mrs. Prettyman stated that she would be attending her second meeting of the Critical Areas Commission tomorrow and asked if Planning & Zoning had been notified of it’s funding. Mr. Lenox responded that he learned Wicomico County is being fully funded.
Edgar A. Baker, Jr., County Attorney, referred to the County’s recent tax sale, explaining that when a property is sold, foreclosed upon and bought at the actual bid price, any monies in excess of taxes due is obligated to be returned to the individual entitled to it.
He then referred to two properties that had been sold and foreclosed upon several years ago, resulting in excess funds of $14,000 for both properties. When sold, the property was titled to Haste Conway and Seth Conway, now both deceased. Mr. Baker and staff prepared an exhaustive research and family chart to determine the rightful heir(s). A descendant, Ruth Davis Conway Clark, has paid taxes on the properties over the years and is a care provider for the only other living relative Mr. Hillary Conway (legally incompetent), has been very helpful during the research. However, Mr. Baker cannot positively determine the percentage of the proceeds to which she is entitled therefore, he would not authorize distribution of funds. This would require the descendants to
take action through the Court. Additionally, Mr. Baker stated that normally, proof of claim must be presented within three years; otherwise, the funds revert to the County General Fund. Mr. Baker assured Mrs. Clark this action would not take place until she is given the opportunity to petition the Court. Mr. Taylor motioned to award $14,000 to Ruth Davis Conway Clark. Mr. Long asked for confirmation that Council has the authority to make the award; upon receiving such, Mr. Long seconded the motion. Prior to a vote, Mr. Dashiell cautioned that Council should clearly understand that should they decide to award the money to Mrs. Clark and later, it is determined there are individuals entitled to a claim, the County would be obligated to reimburse them. Following a brief discussion, Mr. Taylor chose to amend his motion to reflect that Mrs. Clark and Mr. Hillary Clark share the funds equally, acknowledging that Mrs. Clark is Mr. Clark’s caretaker. Mr. Long amended his second to the motion. Council then unanimously approved the motion.
Legislative Session: Mrs. Prettyman then motioned to adjourn Executive Session and enter Legislative Session. Mr. Baker conducted a public hearing for Bill No. 2004-1. Minutes for Legislative Sessions are separate and apart from Executive Session and are available to the public. On motion of Mr. Taylor, seconded by Mrs. Prettyman, Council unanimously approved the adjournment of Legislative Session until 7:00 p.m. this evening and to reconvene Executive Session.
Public Hearing: Mr. Baker then conducted a public hearing to consider the request of Phillip Parker & Associates on behalf of Salisbury Investment Group, for the removal of and replacement of a Forest Conservation easement located on the southerly side of North Pointe Drive (.94 acres). This requires replacement of an amount twice the original size, to 1.78 acres. The Developer is responsible for all costs associated with the transaction; the Planning Staff has approved the request. On motion of Mr. Long, seconded by Mr. Dodd, the request received unanimous approval.
Public Hearing: Rai Sharma conducted a public hearing for an amendment to the Wicomico County Water and Sewer Plan to allow for inclusion of a development that would be served by City of Salisbury public water and sewer. Marley Manor, under construction, is located on Robins Avenue and Snow Hill Road and would require a temporary privately constructed and maintained pump station until such time a permanent sewage pump station is operational. County Public Works staff has fully reviewed and recommends approval of the amendment. William Rinnier, developer, added that he anticipates using the temporary pump station for one year. In addition, the Director of Public Works would prepare a letter of agreement for Mr. Rinnier.
Mr. Sarbanes then called for public comments.
Mrs. Mary Ashanti inquired as to the cost to the taxpayers; Mr. Sharma responded that all costs associated with such a request are borne by the Developer; therefore, no tax dollars are involved.
At Mrs. Prettyman’s request, Mr. Sharma reviewed the operational plan for the temporary pumping station. Mrs. Prettyman then asked what guarantee the County has that the City of Salisbury would install the permanent station and why could that not be installed now. Mr. Sharma responded that the City has a Public Works agreement with Mr. Rinnier’s company; in addition the City plans to include other area residences. Mr. Rinnier stated that a much larger permanent pumping station is required and the City project has just been placed on bid. Mr. Taylor asked if the proposed station is compatible with the station installed by the City of Fruitland at Cedar Lane; Mr. Sharma responded affirmatively. Mrs. Bartkovich stressed the importance of moving quickly with this action so that occupancy permit may be obtained. Mrs. Bartkovich motioned to approve the amendment, seconded by Mr. Dodd. The motion then received unanimous Council approval and the public hearing was concluded.
R.A.R.E. Inc.
(Resources*Advocacy*Restructuring*Empowerment)
Ms. Cynthia Hargis, President, and Messrs. Lamont & Luther McKinney and came before Council to present the Families and Schools Together program, to be utilized as a summer and school-based program for youth and their families. The goal of the program is to involve entire families in activities that strengthen the family unit and empower parents. FAST is facilitated by teams of school representatives, parents and counselors.
Meetings are held with families once a week for eight weeks; this is followed by two years of monthly parent-led meetings.
Council member Taylor advised Council that R.A.R.E., Inc. and the program would be taken under the umbrella of 100 Good Men to apply for Federal grant funding. Mr.Sarbanes also referred to the Local Management Board as a possible source of assistance. Council thanked Messrs. McKinney and Ms. Hargis for their presentation.
Mrs. Mary Ashanti encouraged Council to lend support for the FAST program and to consider using minority vendors for contracted services.
Mr. Robert Burkett requested a closed meeting with Council to discuss a personnel issue.
Mr. Sarbanes requested Counsel’s guidance; Mr. Baker said that Council could meet in closed session on a personnel issue.
Mr. Dodd asked what kind of public response has been received regarding an Emergency Services Committee. Mr. Shea said he was aware of three responses. Mr. Dodd again invited the public to respond.
Mrs. Prettyman asked for the official status of Public Information Officer, George Roache, to which Mr. Shea, as well as Mr. Sarbanes, responded that Mr. Roache is on military leave and receiving training in the Air Force Reserve. Upon completion, Mr. Roache would fulfill his two-week active duty commitment to the Air Force and return September 21, 2004. Mr. Dodd, while commending anyone who serves in the military, expressed his concern that Council did not receive a written memo regarding Mr. Roache.
Mr. Shea stated he would do so.
Mrs. Prettyman asked if the Housing Authority Board of Commissioners has appointed an Executive Director. Mr. Shea said that he had not been so informed.
The meeting was then adjourned.
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Anthony Sarbanes, President
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Charles R. Dashiell, Jr. Vice President
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Edward T. Taylor, District 1
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Stevie Prettyman, District 2
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Gail M. Bartkovich, District3
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Marvin R. Long, District 4
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Larry W. Dodd, District 5
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Theodore E. Shea, II
Administrative Director