Wicomico County, Maryland

Council Minutes

August 17, 2004

 

The Wicomico County Council met in Executive Session on Tuesday, August 17, 2004 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. 

 

Mr. Sarbanes called the meeting to order and asked for additions or corrections to the Minutes.  On motion of Mrs. Bartkovich, seconded by Mr. Long, Council approved the Minutes of August 3, 2004.  Absent from the meeting, Mr. Sarbanes is not recorded as voting.

 

ADMINISTRATIVE DIRECTOR’S REPORT

Theodore E. Shea, II reviewed the following items of business for Council’s consideration.

 

Humane Society

The Humane Society requests that Wicomico County renegotiate their current contract. Mrs. Prettyman offered the name of Sheriff R. Hunter Nelms to act on the County’s behalf.  The recommendation was joined by nomination of County Attorney Edgar A. Baker, Jr., and Deputy Administrative Director, S. Michael Thompson. Mr. Long motioned to authorize the aforementioned. Mrs. Bartkovich seconded the motion and it was unanimously carried. Mrs. Prettyman will also represent the County Council.  

 

Capital Improvement Budget and Five-year Capital Program

The Board of Education requests an extension date to September 30, 2004.  Mr. Shea also requested Council receive the Budget and Program at its meeting of November 16, 2004.  On motion made by Mr. Dashiell, seconded by Mr. Taylor and unanimously carried, Council granted the extension and the date submitted to receive the budget and program.

 

Final Payment on Construction Contract of D.R.I.L.L. Academy

Sheriff R. Hunter Nelms and Lt. Todd Richardson appeared before Council to advise that Nason Construction has applied for a final payment of $89,828.  Sheriff Nelms and the architects recommend payment, stating that security issues and all items on the punch list have been satisfactorily addressed.  Mrs. Bartkovich referred to floor tiles in the Education/Administration building that had to be replaced prior to the arrival of the first class of candidates.  The floor had been waxed and the color was not uniform; therefore the new facility, built with taxpayer funds, should not be accepted in this state.  She recommended that the floor should be returned to the original color. Sheriff Nelms replied that the floor issue can be resolved in-house and would not justify withholding final payment.  In addition, floor repair expenses incurred would be offset by per Diem reimbursements.   Mrs. Bartkovich asked what funding source would be used for any future repairs, since the warranty is now expired. The Sheriff replied that there is an $80,000 budget item to cover maintenance and contract. Following discussion, Mrs. Prettyman stated she would rely on the Sheriff’s assessment that the floor can be corrected.  Mrs. Prettyman motioned to approve final payment, which was seconded by Mr. Long.  The motion was duly carried with six favorable votes and Mrs. Bartkovich voting “no”.

 

Maryland Department of Environment  (MDE)

On July 6, 2004 Council adopted an amendment to the County’s Water and Sewerage Plan for the Marley Manor Development.  MDE has completed its review of the amendment and finds it consistent with Wicomico County’s Comprehensive Plan. This approval completes actions in accordance with Section 9-507 of the Environment Article of State Law.

 

Administrative Office Staff

Mr. Shea announced that Rosemary O’Connor has joined the staff of the Administrative Office, filling the vacancy created by resignation of Glenda Roberts. 

 

Comcast Cablevision

A public notice will appear in the Daily Times newspaper on August 24th announcing the County Council will hold a performance evaluation session with Comcast Cablevision. The notice will provide a list of topics for discussion however the public may add topics by notifying the County Administrative Director at least five business days prior to the meeting.

 

Personnel Board

August 2004 will culminate the terms of Ed Urban and Jack Cragg.  Mr. Urban has expressed his desire to be reappointed, Mr. Cragg does not wish to be reappointed.  On motion made by Mrs. Prettyman, seconded by Mr. Taylor and unanimously carried, Council reappointed Ed Urban and agreed to advertise the remaining vacancy.

 

FINANCE DEPARTMENT

 

Bond Rating Agency Highlights

For information purposes, Mr. Shea reported that he, President Sarbanes and Patricia Petersen, Director of Finance, met with Fitch, Moody, and Standard and Poors, the bond rating agencies; ratings will be received in September.  Topics of discussion included revenue sources, the County’s operating under a revenue cap, the ability to increase the Rainy Day and Pension Funds, the consortium on health care with the Board of Education and City of Salisbury, the airport’s runway extension, developmental excise tax and impact fees, restoration of highway users funds and employment diversity. Ms. Petersen wished to bring to Council’s attention that discussions were held regarding increase costs for teacher pensions. 

 

Statement of Latest Investment Rates/Balances for all County Funds

Total General Fund balance, $848,700; Capital Project Fund balance, $29,375,406; Total Major Non-designated Funds, $47,799,674; and Total Reserve Funds of $6,170,187.  Ms. Petersen advised that there have been no transactions for the Contingency Fund therefore, the balance remains at $900,000.

 

Grass-cutting

Ms. Petersen requested payment to Chesapeake Service in the amount of $200 for grass cutting at 3106 Old Ocean City Road, Salisbury, Maryland. On motion made by Mr. Dodd, seconded by Mrs. Prettyman and unanimously carried, Council approved payment.

 

Grant Certification-Powellville Volunteer Fire Department

The Powellville Volunteer Fire Department has satisfied terms and conditions to employ a full-time paramedic.  Ms. Petersen suggested that, while they do not have a single full-time paramedic, the use of several people to fill the position is equivalent. She recommends granting funds for one full-time paramedic in the amount of $42,000 then determine how funding would be appropriated for the second full-time paramedic, at $21,000. Mrs. Bartkovich stated the part-time coverage is split with Willards Volunteer Fire Department. Following discussion, on motion made by Mr. Dodd, seconded by Mr. Dashiell, Council agreed to pay for one full-time paramedic in the amount of $42,000 and requested Ms. Petersen investigate whether Willards has been paid its share of the second paramedic. The motion was unanimously carried.

 

Workers Compensation Payment

The Powellville Volunteer Fire Department has submitted an invoice in the amount of $5,379 for workers compensation. The invoice reflects a premium adjustment in the amount of $847. Ms. Petersen asked Council what amount she should pay (Council appropriated $5,000 for each department). She was instructed to make payment in the amount of $4,532.

 

Highlights of Significant Financial Transactions

John Ellis, Chief Financial Accountant, reviewed the referenced report citing year-to-date figures for collected and uncollected taxes, investment interest, recordation tax revenue and enterprise account revenues. Year-to-date revenues represent approximately 42% of the current budget and expenditures reflect 9% of the current budget.

 

DEPARTMENT OF PUBIC WORKS

P. Rai Sharma, Director, reviewed the following items of business for Council’s consideration.

 

Signal Warrant Analysis – Camden Avenue at Pine Bluff Road

At its May 2004 meeting Council heard the report that medical professionals at Pine Bluff Road complained that vehicles were parking too close to business entrances making it difficult to exit  parking lots, parking adjacent to other cars in the parking lot creating the potential for collision and, parking too close to fire hydrants and stop signs. Mr. Sharma recommended and Council approved posting “No Parking Signs” where applicable and painting yellow curbing.

 

Council previously approved the conduct of a traffic study to determine the necessity for further attention at the intersection of Camden Avenue at Pine Bluff Road. Mr. Sharma introduced Jim Holls of Whitney, Bailey, Cox and Magnani, LLC, consultants.  Mr. Holls explained the analysis was based on national standards with consideration of volumes, delays on side roads, accident history, speeds, pedestrian traffic and lane-use operations. The study concluded: delays were not excessive, volumes were too low to meet any of the warrant criteria and, traffic accidents were reduced since the 2001 assessment. Mr. Holls recommended the following action: Install a flashing signal that could, in future years if warrants determined, be converted to a traffic signal. He estimated $15,000 for construction plus the cost of engineering and annual maintenance. Mr. Sharma added the funding source would be the Contingency Fund. Mr. Holls suggested the County partner with the State Highway Administration who has indicated their willingness to allow the County to contract with their signal contractor/supplier. Following the presentation, Mrs. Prettyman suggested with no new unexpected traffic in this area and a reduction in traffic accidents, that Council table the project at this point.  Mr. Dashiell recalled long-standing concerns over the intersection and the safety issue. He encouraged Council to install the flashing light in an effort to further reduce accidents. Mr. Taylor expressed his agreement to table because there are many other areas in the County just like this one. He recalled the 1996 traffic study at the intersection of Jersey Road and Naylor Mill Road. Though a traffic signal was preferred, the study showed a 4-way stop was sufficient.  Mr. Dodd made a motion to table the flashing light. Mrs. Prettyman seconded motion and it was duly carried, with Mr. Dashiell voting no.

 

Recommended Road Improvements

Mr. Sharma announced the State of Maryland’s restoration of highway user revenues and that  Wicomico County is eligible to receive between $800,000 - $1 Million Dollars. He submitted a prioritized list of roads to receive maintenance surface treatments this year due. Council concurred with his recommendations.

 

Methane Gas Plant

Mr. Sharma reported that he and Council member Edward Taylor toured the Genco Plant in Richmond Virginia where a new system was developed using methane gases to generate electricity.  An agreement to lease land at Newland Park Landfill to operate such a system was presented to Wicomico County and forwarded to the County Attorney. Mr. Baker advised there are technicalities but he feels they could be accomplished through discussion.  Further, that Council could approve the agreement conceptually. Mr. Taylor motioned for approval, seconded by Mr. Dashiell and unanimously carried.  President Sarbanes added, the solid waste effort in Wicomico County, together with having received the bronze award were recognized by the rating agencies.

 

Parker Pond Homeowner Association

Parker Pond Homeowner Association requests a partial pond draw down the first week of October 2004, for a period of six to eight week to perform annual shoreline maintenance. On motion made by Mr. Long, seconded by Mrs. Prettyman and unanimously carried, the request was approved.

 

Request to Post Bond

Parker & Associates request to post a construction bond for Essex Ridge Subdivision Section Five to allow recordation of the plat and to obtain building permits; no occupancy permits are granted until all construction is completed and approved by the Department of Public Works.  On motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, Council approved the request.

 

Joint Permit Application - Replacement of Bridge Over Wetipquin Creek

Mr. Sharma reported the Commander Fifth Coast Guard District has received an application from Wicomico County Public Works for the replacement of the Wetipquin Road Bridge over Wetipquin Creek. The proposed navigational clearances are the same as the existing bridge; vertical clearances are 8 feet at mean low water and 6 feet at mean high water, with a horizontal clearance of 14 feet. Interested parties are requested to express their views in writing giving sufficient detail to establish a clear understanding of their reasons for support of or opposition to, the proposed work. Comments should be received by August 31st.

 

Wetipquin Road Pipe Replacement

Wicomico County Roads Division must replace an aging drainage pipe that crosses under Whitehaven Road. This pipe is located 520’south of Mezick Road, is marked with white paint on the road and also with signs on the road shoulders. The road must be closed to traffic for one day (August 19) between the hours of 8:30 am and 3:30 pm (weather permitting). The ferry will be closed for the day to the general public but will be available for use by any Whitehaven resident needing to leave or return to their residence through Somerset County.

 

Miscellaneous Roads Division Items

Mr. Sarbanes complimented the Roads Division on behalf of residents in the Rustic Acres area.  Mr. Taylor asked if recent rains caused any slope damage at the landfill, to which Mr. Sharma responded there was none, that the overgrown vegetation has stabilized the slopes.  Mr. Dodd referred to a letter addressed to him that requested the donation of mulch, which he did not receive. While Mr. Sharma met the citizen’s request, Mr. Shea expressed that he was not aware Mr. Dodd did not receive the letter. Mr. Dodd asked that an effort be made to correct any breakdown in mail delivery.

 

THE COUNTY ATTORNEY

Resolution No 580

Mr. Baker requested Council approve Resolution No. 580, providing for the issuance and sale by Wicomico County, Maryland of Five Million Dollars in general obligation, fully registered bonds to be designated as Consolidated Public Improvement Bonds of 2004, second issue. The bonds will finance all or a portion of the costs of the following projects: community college building projects, a financial management system for the County Finance Department, school planning, design, construction, acquisition and improvement projects. The Resolution authorizes the Administrative Director, together with recommendation of the County’s Financial Advisor and Director of Finance, to make any award of the bonds on behalf of the County. Bonds will be sold by electronic bid only; historically a parity system allowed both written and electronic bids. On motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council approved Resolution No. 580.

 

Public Comments

Mary Ashanti, President, NAACP for Wicomico County called attention to a Housing Authority Board vacancy, to which Mr. Shea responded has been referred to the Executive Director, inclusive of Housing and Urban Development’s (HUD) mandate to stagger terms. Further, that board members serve until such time as their successor is appointed. Mrs. Ashanti also expressed her desire to have board members meet with Council on a regular basis during its Executive Sessions and, that Council would receive a copy of the board’s minutes. Council concurred.  She inquired whether a Housing Inspector had been hired and was advised the position is being advertised. 

 

Mrs. Ashanti recalled the problems at the intersection of Jersey and Naylor Mill Roads.  She wished to know if a study like the one at Pine Bluff and Camden Avenue had been conducted for this intersection and if not, requested Council authorize the same study.  In her opinion the 4-way stop signs are no longer sufficient for the increased traffic.

 

Mr. Dodd motioned by authority of Section 10-508a of the State Government Articles of the Annotated Code of Maryland that, Council enter into closed session. The motion was seconded by Mr. Long and unanimously carried.

 

The County Council’s agenda scheduled a work session to discuss proposed legislation however the following discussion ensued and Council members determined a work session was not required.

 

Proposed Legislation – Board of License Commissioners

In a memorandum from Greg Rickards, Chief Inspector, Board of License Commissioners to the Administrative Director, he writes that the Wicomico County Liquor Control Board is not officially issued a license to sell alcoholic beverages at retail to customers. The Board suggested he investigate the possibility of having legislation drafted, the same as other retailers in the County.  Mr. Rickards proposes a license fee of $5000 per year per store, with hours of operation set in accordance to the Liquor Control Board and the provision of enforcement to curtail underage purchases. Mr. Shea stated he submits the letter to Council to determine their wishes.  On motion made by Mrs. Prettyman, seconded by Mr. Dashiell and unanimously carried, Council voted not to draft legislation.

 

Council Comments

Mrs. Bartkovich requested title clarification for the committee that will study emergency services. A recent news release referred to Public Safety Districts rather than Fire Safety Districts, as offered by the consultant. Mrs. Bartkovich stated she preferred Public Safety Districts. Mr. Sarbarnes suggested Council discuss during its work session with the consultant.

 

Mr. Sarbanes announced the Maryland Association of Counties Conference would begin on Wednesday, August 18th . During the conference PAC 14 (formerly Access26) will conduct selected interviews with Philip Tilghman, host of One-on-One.

 

With no further business to come before 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

Minutes of August 17, 2004

                                                            _______________________________

                                                            Marvin R. Long, District 4

 

                                                            _______________________________

                                                            Larry W. Dodd, District 5

 

 

___________________________

Theodore E. Shea, II

Administrative Director