Wicomico County, MD
Council Minutes
August 19, 2003
The County Council of Wicomico County, Maryland met in
Executive Session on
President Sarbanes brought the meeting to order and called for any additions or corrections to the minutes. Theodore Shea, Administrative Director, brought two technical corrections to the attention of Council. On motion of Mr. Dashiell, Council unanimously approved the Minutes of August 5, 2003, as amended.
ADMINISTRATIVE DIRECTOR
Mr. Shea submitted the following items for Council’s consideration and action:
One-Day Alcohol License Request: The Wicomico Recreation Commission has reviewed a request from the YMCA requesting a one-day alcohol license for a crab feast to be held at Schumaker Park. The Recreation Commission is recommending approval.
On motion of Mr. Long, Council unanimously approved the request as submitted.
Budget Transfers: The Board of Education has notified the County that transfers of funds within major categories of its Annual Budget for FY 2003 totaling $17,213 has been approved. This does not require Council approval and is provided as information only.
Assistance with Burial Costs: Bennie Smith Funeral Homes has requested assistance with burial costs for the late Nellie Boone. It was confirmed that Mrs. Boone was a resident of Wicomico County. On motion of Mr. Long, Council unanimously approved
$400 to assist in the related burial costs.
Disability Benefits Waiver Request: Mr. Shea advised that County policy requires that both the Retirement Plan and Long Term Disability insurance coverage requires an elimination period of 180 days (six months) prior to receipt of benefits. Council is asked to consider a waiver to this requirement for Robert Kreiter, former Superintendent of Parks, who left County employment July 2, 2003 for medical reasons. Justification for the request is based upon extenuating circumstances whereby Mr. Kreiter, who had planned to leave earlier due to health reasons, was asked to stay on for a period of time to allow the Department to seek a replacement. Consequently, Mr. Kreiter exhausted all accumulated sick leave, compensatory leave and annual leave in the interim.
Edward Cox, Human Resources Director, explained that if Council grants the waiver, a precedent would be set. Following Council discussion regarding the unique aspects of the request, Mr. Taylor motioned to grant the request, with a second by Mr. Dodd.
Again, discussion centered around setting a precedent, with the County Attorney suggesting that this waiver be granted specifically upon the fact that Mr. Kreiter had accommodated the County’s request to stay in his position for an extended period of time well past the time he had planned to leave service and shall not apply to any future waiver requests. Mr. Dashiell suggested that the motion be amended to include said conditions. Mr. Taylor then amended his motion to include the County Attorney’s statement and Mr. Dodd provided an amended second. The amended motion was then unanimously approved.
Bridge Repairs: Council is advised that the State Highway Administration is schedule to begin work on the replacement of the U. S. 13 northbound lane bridge and repairs to the southbound lane over Leonard’s Mill Pond. Gary Mackes, Director, Recreation, Parks and Tourism reports that the Park pavilion and public boat ramp at Leonard’s Mill Park will be closed for the duration of the SHA project, a project period beginning
September 3, 2003 and concluding April 2004.
Volunteer Fire Departments: Mr. Keith Twilley, Willards Volunteer Fire Department, has written the County to express the department’s interest in having the original Willards Elementary School, which is being replace by a new facility, donated to the Fire Department to allow for expansion of equipment housing. The Fire Department would also like to establish public service programs such as blood pressure screening, CPR classes and public safety classes. Mr. Shea explained that before this request could be considered, the County Board of Education would have to classify the property as surplus. Council requested that the County Attorney contact the Board of Education to determine future plans for the property. Mr. Baker will report his findings during the
September 16 Executive Session.
VPI Film LLC Request: Recently, a Manufacturer’s Tax Exemption for machinery and equipment was granted to VPI Mirrex, now known as VPI Film, LLC. Dale Rusch, Manager of Financial Analysis and Planning, is requesting that the exemption also include equipment the company leases from DKR, LLC. On motion of Mr. Long, Council unanimously approved the request as submitted.
Appointments: The Wicomico County Board of Electrical Examiners advises that two memberships will expire in September. Mr. Rodney Bane, representing Conectiv, is willing to serve another term. The member representing Electricians cannot be reappointed, as per the Ordinance governing the Board. Therefore, the names of
Mr. Ed Tribeck and Mr. Frank Bradshaw have been submitted to Council.
Mrs. Prettyman motioned to reappoint Mr. Bane and to appoint Mr. Bradshaw.
The motion was unanimously carried. Council also agreed that Mr. Tribeck would be offered the opportunity to serve as representative for Electricians when that position becomes available.
Enterprise Zone Applications: John Pick, Executive Officer for the City of Salisbury, has submitted an application from Staples the Office Superstore East, Inc., requesting Enterprise Zone Benefits. Applications are administered by the City of Salisbury and Mr. Pick advised that this application would come before the City Council on August 25, 2003. Mr. Long motioned that Council concur with the request, subject to approval by the Salisbury City Council. The motion was unanimously approved.
Likewise, Kraus Development LLC has applied for Enterprise Zone designation. Salisbury City Council approved this application on August 11, 2003. By motion of
Mr. Long, Council unanimously concurred with the action taken by the City of Salisbury.
Warren Road: Mr. John Plummer, J. H. Plummer & Associates, Inc., has requested, on behalf of his client, Mr. Jerry Gray, that the Council consider closing a portion of Warren Road. Mr. Plummer explained that Mr. Gray plans to purchase property on both sides of that portion of road abandoned at the time of the Route 50 construction; however, the County must close the referenced portion to allow Mr. Gray to obtain a clear title. All associated costs would be borne by the purchaser. Mr. Shea said that the request would be considered by the Department of Public Works and a recommendation submitted to Council later.
State’s Attorney’s Office: Davis Ruark and Andrew McDonald announced that the County’s State’s Attorney’s Office, in partnership with other law enforcement agencies, is executing a new comprehensive strategy to reduce firearm crime. The initiative, titled Wicomico Exile, has been awarded $180,000 from the U. S. Justice Department and Maryland Cease Fire Council and will serve as a pilot program site. Wicomico County has the third highest rate per capita, of firearm crime in the State, surpassed only by Baltimore City and Prince George’s County.
Andrew McDonald, Assistant State’s Attorney, administered the grant application.
Mr. McDonald will also serve as Project Administrator. Council members commended
Messrs. Ruark and McDonald for this initiative.
DEPARTMENT OF FINANCE
Financial Report: Patricia B. Petersen, Director, presented the Statement of Latest Investment Rates/Balances for all County Funds and Room Tax Collection Reports for Council’s review.
Fire Department Requests: West Side Volunteer Department requests budgeted funds for the one full time paramedic; Powellville and Willards Volunteer Fire Departments each have requested budgeted funding for a full time paramedic and the designated portion for the second paramedic. On motion of Mrs. Prettyman, Council unanimously approved the three requests.
Hotel/Motel Permits: Mrs. Petersen reported that, upon completion of the County inspection process, Lord Salisbury Motel has qualified for renewal of its permit to operate. On motion of Mr. Dashiell, Council unanimously approved the motel’s annual permit.
Mrs. Petersen added that some motel businesses have been slow in their responses to comply with inspection requirements and asked if the County could impose a fee for non-compliance. The County Attorney responded that he would research her question and respond accordingly.
The final order of business was a report given by John Ellis, Chief Accountant, highlighting significant year to date financial transactions. Mrs. Prettyman requested a year-end FY 2003 report when available.
DEPARTMENT OF PUBLIC WORKS
Director, P. Rai Sharma, submitted the following items for Council’s review:
Mobile Home Parks – Licenses: The Department has fully inspected and recommend approval to renew the licenses for Cedarhurst, Country Village, Elliotts Court, Naylor Mill Village, Pine Tree Mobile Estates and Bohnak Trailer Parks. Prior to a vote, Mr. Dashiell abstained from any action on this request. On motion of Mr. Taylor, six Council members unanimously approved license renewals for the above referenced parks. Two remaining facilities continue upgrades to comply with County standards and will be presented at a later date.
Streets/Roads: Mr. Sharma reported that Mariner Mill Drive and Rolling Meadows Road, located in Fairway Manor, have been constructed to meet all County criteria. Mr. Sharma recommends that both streets be taken into the County roads system for maintenance; on motion of Mr. Long, Council unanimously approved the recommendation.
Street Closing: Council is advised that Robbins Avenue will be closed from August 25 – October 25, 2003 to accommodate the placement of utilities by the City of Salisbury.
Toadvine Road will serve as the alternate (detour) route during the project.
Wetipquin Bridge Project: During the previous meeting, Mr. Sharma gave Council the particulars regarding this project. Mr. Sharma referred to a memorandum from Jim Miller, Roads Supervisor, stating that a recent inspection has shown the degree of deterioration of certain beams and planks, culminating in a recommendation that the County stringently follow the Consultants’ recommendations and that the beams be replaced either in-house or by contract. Given current budget constraints, contracting this project is not feasible; consequently, staff has obtained prices for materials. Mr. Sharma also stated that the bridge must be closed to traffic for three weeks and requested a $5,000 supplemental appropriation to perform repairs. Mr. Sarbanes asked if the cost could be absorbed within the department’s budget; Mr. Sharma stated this would not be possible. On motion of Mr. Taylor, Council unanimously approved a transfer of funds from the County’s Contingency Account to the Department of Public Works. Mr. Sharma assured Council members that the department would notify all affected residents.
Speed Limit: During a previous Council meeting, the question of reducing the speed limit on Richland Road, once completed was discussed. Mr. Sharma provided Council with a diagram of proposed orderly, descending speed limits to ensure traffic safety.
Traffic entering from Richardson Road onto Richland Road would encounter a 40 m.p.h. speed limit to that point which the school zone speed limit applies; past this 25 m.p.h. zone, a speed limit of 30 m.p.h. shall apply up to Willards’ Main Street. At Mr. Sharma’s request and by motion of Mr. Dodd, Council approved the proposed speed limit pattern.
Miscellaneous Items: Due to misuse by the public, 55 gallon drums will be removed from certain recycling locations. The drums were originally placed for the public’s convenience to dispose of containers (boxes, plastic bags, etc) used by the public to bring recyclables. Council concurred with this action.
Hazardous Waste Disposal Day is scheduled August 23, 8 a.m. to 3 p.m., at the Landfill.
State officials will tour the Solid Waste facilities on August 26.
SHERIFF’S OFFICE
Sheiff Nelms and Captains Schonbrunner and Van Meter requested that Council approve the following transfer of funds and supplemental appropriations:
$4,278.84 forfeited to this agency and intended for law enforcement purposes and
$1,909.00 auction proceeds;
$3,117.24 supplemental appropriation from Contingency, since the Sheriff’s Office is unable to fund from its current budget.
All three requests would be utilized to enhance security devices, namely new exterior and interior doors and to install electronic card entry devices. On motion of Mr. Dodd, Council unanimously approved the request as submitted.
Also requested were funds to assist in the purchase of ammunition for training purposes.
Sheriff Nelms stated that while more than $12,000 had been requested in the proposed budget, Council could fund only $5,134; with only $4,822 remaining, another $7,829 is needed to purchase a sufficient amount. Mr. Sarbanes asked if the Sheriff’s Office could fund this from its budget, to which Sheriff Nelms responded negatively. Following brief discussion, Mr. Dodd motioned to approve the request; the motion was unanimously carried.
COUNTY ATTORNEY
Edgar A. Baker, Jr., conducted the following public hearings:
Public Hearing: Notice is hereby given, in compliance with Section 22-2(G) of the Wicomico County Code, that the County Council of Wicomico County, Maryland will hear public comment, protest or objections to a proposed resolution to enter into a Tower Lease Agreement with Cellco Partnership, a general partnership of the State of Delaware doing business as Verizon Wireless, permitting the installation of antennas on the County Tower located at the Public Safety Complex on Naylor Mill Road; and the leasing of property for the placement of a 12 x 30 foot equipment shelter at the tower site. The described property is to be leased for an initial term of five years with three renewal terms, at an initial monthly rental of $1,500.00 for the initial term. The annual rental for each succeeding term shall be increased by ten percent.
Mrs. Prettyman asked questions regarding items such as special exception designation and associated costs for the shelter, termination provisions, payment of taxes, etc.
Calling for public comments, Mary Ashanti, President of NAACP, remarked that it is encouraging to the public to know that such companies are not receiving a tax-exempt status in such business transactions.
With no further public or Council comments, and on motion of Mr. Long, Council unanimously approved the Lease as submitted.
Public Hearing: Notice is hereby given, in compliance with Section 22-2(G) of the Wicomico County Code, that the County Council will hear protests and objections to a proposed resolution to consider a lease agreement with the Wicomico County Airport Commission and Lorch Microwave, in which Lorch Microwave proposes to lease the area known as Airport Hangar No. 5, together with its related ramp, to be used as an airplane hangar and for the normal and allied purposes connecting with housing and maintaining airplanes owned by Lessee. The proposed lease is for a term of three years at an annual rental rate of $38,232.00.
It should be noted that this lease was placed out on bid to the public. With no public comments or Council comments, Mr. Long motioned to approve the lease. The motion was unanimously approved.
PLANNING, ZONING & COMMUNITY DEVELOPMENT
John Lenox, Director, presented the Memorandum of Understanding for ultimate creation of the Salisbury/Wicomico Metropolitan Planning Organization and is recommending Council’s acceptance. Mrs. Prettyman requested that Mr. Lenox give Council and the public a brief synopsis of the MOU.
Mr. Lenox explained that Maryland, Delaware, cities of Salisbury and Fruitland, towns of Delmar Maryland and Delmar, Delaware have expressed interest in forming a Metropolitan Planning Organization to serve the Salisbury area. Maryland shall be recognized as the lead state and Wicomico County shall be recognized as the lead local government. Bylaws shall be adopted, as well as a prospectus that will articulate the objectives, functions, organization and operation of the MPO. Mr. Lenox also stated that a Technical Committee will be formed to discuss area-wide transportation needs; another committee governing policy will determine how public and private grant monies, once obtained, are to be spent. Finally, the organization will be comprised of nine voting members and two non-voting members. On motion of Mr. Long, Council unanimously approved the acceptance of the Memorandum of Understanding.
MISCELLANEOUS
Mrs. Bartkovich, referring to earlier conversations regarding nuisance abatement, asked
Gary Pusey, Planning & Zoning, if the county had ordered the grass to be cut at the
Snow Hill Road property and the subsequent lien; Mr. Pusey responded that evidently, the property owner had the grass cut prior to the department taking further action.
PUBLIC COMMENTS
Mary Ashanti, President, NAACP, expressed the organization’s concerns for the deterioration of the Booth Street Housing Complex, administered by the local Housing Authority and asked Council to bring these townhouses up to par with other housing complexes. In addition, Mrs. Ashanti explained that she had missed the portion of today’s meeting regarding the Wetipquin Bridge, but wished to discourage Council from enlarging the bridge. Mr. Sarbanes informed Mrs. Ashanti that Council authorized bridge repairs without change to the bridge’s original dimensions. As a final comment, Mrs. Ashanti offered to make a videotape entitled “Teaching Tolerance” available to any and all interested organizations.
Mr. Dodd thanked Mrs. Ashanti for voicing concerns about the Housing Authority and the Booth Street complex, stating he wished more people would voice their concerns.
He then asked the Administrative Director the reason for today’s closed work session. Mr. Shea explained that today’s session is a continuation from its previous closed session regarding the Executive Director position, with specific individuals being named.
Mrs. Prettyman stated she understood that Council would be discussing the appointment of a Housing Authority Commission member. Mrs. Prettyman asked for the County Attorney’s opinion on this issue. Mr. Baker stated that discussion of an appointment to the advisory Board of Commissioners would not qualify as a closed session item; however, discussion of individuals for the Executive Director position would warrant a closed session. Discussion ensued, with Council deciding to restrict closed session exclusively to the Executive Director (personnel) discussion.
COUNCIL COMMENTS
Mr. Long remarked that in light of the “raids” on the Contingency Fund today, he would like to have the Director of Finance to include the status of the Contingency Fund in Financial Report each Executive Session.
Mr. Shea also advised that an item for today’s afternoon open work session deals with a contract negotiation, therefore, it should be moved to closed session.
Mrs. Prettyman referred to a letter from Mike Abercrombie, Salisbury Rotary Foundation, regarding proposed amendments to the zoning ordinance and asked why this had come to Council. Mr. Baker responded, the letter was for information purposes only, that the zoning request must first go to the Planning Commission before coming back to Council. Mrs. Prettyman asked that Council receive a complete file/report before the issue comes before Council.
Mr. Dashiell referred to an agreement by Council to pursue the establishment of a Strategic Plan to thoroughly address certain issues facing County government. Now that the budget process has been completed, he would like Council to give this priority. Council generally agreed and instructed Mr. Shea and Mr. Lenox to meet to identify a facilitator to help in the planning process.
PUBLIC COMMENTS – Continued
Mr. Kenneth Holland asked how many local law enforcement officers there are, expressing his concern that perhaps there isn’t sufficient communication among the agencies. Capt. Robert Van Meter responded that there is comprehensive coordination among law enforcement agencies county-wide, with the Sheriff’s Office serving as the central dispatch center; Capt. Van Meter will obtain the total number of officers as requested by Mr. Holland.
With business concluded, Mr. Long motioned to adjourn Executive Session and in compliance with Section 10-(508)a, subsections 13 and 1of the Government Articles of the Annotated Code of Maryland, to hold closed sessions. The motion was unanimously approved.
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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, District 3
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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