Wicomico County, MD
 Council Minutes
 July 18, 2006

The Wicomico County Council met in Executive Session on Tuesday, July 18, 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 W. Dodd.

 

President Sarbanes brought the meeting to order calling for a motion to approve the Minutes of July 5, 2006.  On motion made by Mrs. Bartkovich, seconded by Mrs. Prettyman and unanimously carried, the Minutes of July 5, 2006 were approved as corrected.

 

ADMINISTRATIVE DIRECTOR

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

 

Board of Education - Budget Transfers

Charles Bounds, Assistant Superintendent for Administrative Services was present.  Mr. Shea reported a request to make year-end transfers between categories of the Board’s approved Annual Budget in the amount of $45,000, for the month of June. The request received approval of the Board at its regular meeting on July 11, 2006.  Upon motion made by Mr. Long, seconded by Mr. Dashiell and unanimously carried, Council approved the request. For information, Mr. Shea reported the Board gave its approval to make year-end transfers of funds within major categories of its Annual Budget for Fiscal Year 2005-2006 during the month of June, in the amount of $111,988; transfers within major categories do not require Council approval. Mrs. Prettyman asked for a year-end budget balance, to which Mr. Bounds responded, would be available with the Board’s audit; which he anticipates receiving by the next meeting. 

 

State’s Attorney’s Office - Request for Position

Wayne Lowe, Victim/Witness Coordinator, appeared before Council on behalf of State’s Attorney Davis Ruark, to request the creation of a Legal Office Associate II, position, Grade 16, $28,000; which Mr. Ruark indicates is below mid-range.  Mr. Lowe told Council that while five new attorneys were added over the past five years, clerical staff support was not. Mr. Shea recalled discussion of the position during budget deliberations however Human Resources (H.R.) had not evaluated the position.  H. R. Director Michael Thompson suggests if Council agrees to create the position, a Grade 16 without a salary, but with the salary range should be used. Mrs. Prettyman made a motion to accept the recommendation. Mr. Taylor seconded the motion and it was unanimously carried.

 

Bad Check Program

Mr. Lowe was pleased to report the success of the Bad Check Program, established through the Office of the State’s Attorney. The program benefits the public and private communities.

 

 

 

Homeowners’ Tax Credit Application

Delegate Norman Conway has forwarded a copy of the new Homeowners’ Tax Credit Application.  Salient changes include an increase for eligible assessment from $150,000 to $300,000, and revised net worth requirements that excludes individual retirement accounts and qualified retirement savings plans. More detail and the application are available at the State Office of Assessments and Taxation. 

 

PATRICIA PETERSEN, DEPARTMENT OF FINANCE

 

Statement of Latest Investment Rates/Balances for all County Funds

Ms. Petersen submitted the Financial Report. Total General Fund balance, $580,856, Capital Project Fund balance, $49,403,611; Total Major Non-designated Funds, $75,421,392; and Total Reserve Funds of $16,684,722.

 

Highlights of Significant Financial Transactions

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

 

Permit to Operate

Upon motion made by Mr. Taylor, seconded by Mrs. Bartkovich and unanimously carried, Council granted the following permits for the period ending May 30, 2007, unless revoked sooner. Applicants have met requirements, including payment of taxes.

Sharda, Inc., t/a Budget Inn, Arvind M. Patel, Owner, 1804 N. Salisbury Boulevard, Salisbury, Maryland and, Krenna, Inc., t/a Chesapeake Inn, Chirag K. Patel, Owner, 712 N. Salisbury Boulevard, Salisbury, Maryland.

 

Contractors Expenditure for Code Enforcement

Ms. Petersen requested permission to pay J & J Lawn Care $375 for work at lots 7444-7452 Cherry Walk Road, in violation of the Nuisance Ordinance as it pertains to grass that exceeds ten inches. Upon motion Mr. Dashiell, seconded by Mrs. Bartkovich and unanimously carried, Council approved the request.

 

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, Ms. Petersen reported payments to contractors for grass cutting: $225 for service at 31597 Largo Terrace; $125 for service at 1003 Tuscola Avenue; $175 for 650 Suffolk Court and $65 for 127 Honeysuckle Drive.

 

Capital Incentive Sinking Fund

Ms. Petersen reported Delmar Fire Department, Inc. has applied for the entire amount of its Capital Incentive Sinking Fund, $155,000.  The request indicates Delmar wishes to purchase a fire engine, ambulance, excursion command unit and pickup utility truck and, accompanying the request is certification of funds by their bank. Upon motion made by Mrs. Prettyman, seconded by Mr. Dodd and unanimously carried, Council granted the request.

 

Ms. Petersen reported Powellville Fire Department, Inc. has applied for its proportionate share of the Capital Incentive Sinking Fund, $83,000.  The request indicates Powellville wishes to purchase self contained breathing apparatus and a brush truck. Accompanying the request is certification of funds.  Upon motion made by Mr. Taylor, seconded by Mr. Dashiell and unanimously carried, Council granted the request.

 

DEPARTMENT OF PUBLIC WORKS, ROADS, SOLID WASTE

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

 

Collins Wharf Road Community Meeting

Mrs. Prettyman wished to thank Mr. Sharma and Bruce Kelly, Roads Superintendent, for participating in the community meeting she organized to inform residents and hear concerns regarding Collins Wharf Road.  Costs associated with improvements would be forthcoming to Council upon completion of Mr. Sharma’s analysis.    

 

Fox Meadows Subdivision, Section 2, Naylor Mill Road  

Applicant: CNA, Inc., Owner: Gemcraft Homes   

Mr. Sharma advised the preliminary approval time has expired on the above subdivision therefore, the subdivision is resubmitted. All conditions remain the same and he recommends forwarding the subdivision to the Planning Commission. Upon Mrs. Prettyman’s inquiry, the County Attorney explained the process by which language is transferred to the plat after documentation of the Homeowners’ Association.  He reminded Council documents are reviewed before the final plat is recorded.  Council concurred.

 

Update: Public Works Projects

Coulbourn Mill Dam: The permit has been received from the State; the project will be advertised with bids due on August 10th. Mr. Sharma is hopeful that bids would be returned within the $400,000 budget range. He will come back to Council with bid results  and recommendation for award.

 

Wetipquin Bridge:  The project’s design will be submitted to the State Highway Administration towards the end of July or early August for their review and approval.  Upon approval the project will be bid, with construction anticipated for the fall.

 

Railroad Crossing Improvements at Parker Road and Naylor Mill Road:  Norfolk-Southern has agreed to do the work. The agreement will be forwarded to President Sarbanes for signing. Mr. Sharma is hopeful work will be completed prior to the opening of the school year and, that Parker Road would be done first, to avoid unnecessary detours.

 

 

Public Works Miscellaneous

Environmental Trust:  Mr. Sharma reported he recently attended a meeting to discuss the technical aspects of package treatment plants in Wicomico County.  John Groutt asked if Mr. Sharma would return to a meeting to discuss the financial management. He reiterated the need to ensure clarity where applicable that there is no public charge, once the plants are in place an Urban Services District will be established and the people in that district are responsible for payment and maintenance and referred to as a community facility, with the controlling agency, Maryland Department of Environment, not Wicomico County. Council members encouraged his attendance.

 

Villas at Avalon:  Referring to recent heavy and continuous rains, Mr. Dodd reported calls from residents concerned that gates were not open and flooding could occur. He asked if the department inspects the dam during these times. Mr. Sharma said his department watches the levels of the ponds and open the gates accordingly.

 

Recycling:  Mr. Dodd shared that he attended a meeting recently where Wicomico County’s recycling efforts were compared to those of Ocean City and Worcester County, where it was stated Wicomico County was not doing enough, though he was certain the county was.  Mr. Sharma responded the difference is that Ocean City has a curbside program and Wicomico County can not afford curbside. He investigated its probability some years ago however at Council’s request would review it again. On the question of not mandating to residents but encouraging them, Mr. Sharma said the County could establish more recycling stations however locations are needed. Mr. Sharma would be pleased to meet with anyone who is interested in providing a location, if it’s feasible to the County. Mr. Dodd asked if municipalities receive discounts for recycling, to which Mr. Sharma responded they do not and, if the municipality recycles at a rate of 15%, which is mandated by the State, he could come back to the County with suggestions for rebate.  Wicomico County recycles at a rate of 22% and every transfer station has a recycling facility.

 

DIRECTOR OF PURCHASING

 

Frederick Harris, Purchasing Agent, submitted the following item of business:

 

CASA Program

At its last meeting, Carolyn Cordial and Teresa Fields, Youth and Family Counseling Services, Inc., Lower Shore CASA and Wendy Riley, Circuit Court, provided a power point presentation for the CASA Program, designed to provide advocates for physically and sexually abused children.  Council was advised that, due to a financial shortfall, the program is able to serve only a small percentage of children in Wicomico and Worcester Counties that are in need of assistance. Worcester County has provided $20,000 for its program; Council was asked to consider funding $40,000 to allow expansion of the program.  Council discussion ensued as to other possible funding sources through agencies such as the Local Management Board and, following the discussion Council deferred its decision to a future work session. Mr. Harris reported that the Local Management Board and Department of Social Services for Wicomico County have been contacted. Both agencies indicated their budgets have been allocated for this fiscal year and no funding is available however they will pass the information to their grants staff. Mr. Harris will follow and advise.  He has shared these findings with CASA and will forward whatever information comes from the grant source.  Council agreed this viable program should have a letter of support from the Council indicating its desire that the program be initiated.  

 

School Building Commission (SBC)

As a Council representative to the SBC, Mrs. Bartkovich wished to hear Council’s thoughts on inviting the City of Salisbury (as a non-voting member and for information purposes) to attend meetings regarding discussion on the new Bennett High School, basically the impact to College Avenue and Onley Road; bus traffic, signalization and turning lanes, since the road is both City and County.  While acknowledging the meeting is open to the public, she noted the public does not usually attend. Mr. Long, who also represents the Council and is retired from the County, was instrumental in establishing rules and responsibilities for the Commission. He explained, the SBC reviews construction documents and plans for school construction and makes recommendation to the Board of Education relative to the projects. The Commission was designed with two representatives from the County and two from the Board of Education, joined by other technical resource from within the County. Since the meeting is open the City of Salisbury could attend at its leisure however, he sees no point to inviting them since the City has no funding interest in the projects and staff members work together on logistics.  President Sarbanes stated the SBC could invite anyone.  He noted to his knowledge, Wicomico County is the only County in the State of Maryland to have a SBC. The County Attorney reminded Council meetings to discuss schematics or details of public building are not open for security reasons. Directing his comment to Board of Education member Mark Thompson, President Sarbanes asked that he share the interest for their attendance.

 

House Bill 1141

Mr. Lenox began the review of House Bill 1141 (scheduled for the afternoon work session) in Executive Session however, due to its length Council choose to continue the discussion in the open work session.  Mr. Lenox briefed Council on those items to be discussed. In addition to responsible planning, legislators have directed that cities, towns and the County include in their planning, details specific to issues of growth, growth management and monitoring, water resources, collection of impact fees, (collections since the June 5th inception total $109,851) and elements in the Comprehensive Plan that were not previously highlighted.  Mrs. Prettyman asked for discussion of the Village Down River Condominium  project at some future discussion.

 

 

EDGAR A. BAKER, JR., COUNTY ATTORNEY

Mr. Baker requested a motion to convene in Legislative Session, which was provided by Mrs. Bartkovich, seconded by Mr. Taylor and unanimously carried.  Bill No. 2006-6:  AN ACT to amend Chapter 117, titled “Building Construction,” to create Article II entitled “Public Safety Radio Amplification Systems,” sections 117-8 through 117-14, requiring certain buildings or structures located within the County to support a required level of radio coverage for the protection of emergency services personnel and for the welfare of the citizens of Wicomico County. Bill No. 2006-8:  AN ACT to amend Chapter 133, titled “Dogs and Other Animals,” Section 133-6, titled “Potentially Dangerous Dog,” and Section 133-7, titled “Dangerous Dog,” to establish time limits within which Owners must comply with the requirements set forth in the Code.  Legislative Minutes are not a part of the Executive Session but are part of the Official Record.

 

DEPARTMENT OF PUBLIC WORKS, ROADS, SOLID WASTE

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

 

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 a property. This property is part of the Rowan’s Mill development and will allow twelve additional residential units to be constructed.  It will be served by public water and sewer from the City of Fruitland with an estimated water and sewer usage of 3000 GPD (gallons per day). Mr. Redden confirmed the community water system can accommodate the expansion and Mr. Sharma recommended approval.

 

Public and Council Comments: There were no comments.  Upon motion made by Mr. Long, seconded by Mr. Dashiell and duly carried; Mrs. Bartkovich recused herself from discussion and the vote due to a conflict of interest, the amendment was approved.

 

PUBLIC COMMENT

 

Ms. Karen Basile, resident, called attention to 2005 survey statistics regarding the problems and demands of growth in Wicomico County. She concluded if Council would consider amending its Water and Sewer Treatment Plan to outlaw package sewage treatment projects, this would take care of the problem.

 

Dr. Augustine DiGovanna, resident, asked if all public schools in municipalities were County schools, to which the Council responded were County schools.  Referring to the Village Down River Condominium project he wished to know why a traffic study was not conducted.  Mr. Sharma responded the question should be posed to the Planning Commission, not the County Council. Also, he wished to compliment the Planning Department on plans to upgrade the system of data gathering and monitoring and influencing growth and development.

 

Mr. Dashiell moved to adjourn Executive Session and to conduct an open work session to continue discussion on House Bill 1141.  The motion was seconded by Mrs. Bartkovich and unanimously carried.

 

There being no further business to come before the Council in Executive Session, 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

 

July 18, 2006