Wicomico County, MD
Council Minutes
September 2, 2003

 

 

The County Council of Wicomico County, Maryland met in Executive Session on Tuesday, September 2, 2003 in Council Chambers, Government Office Building, Salisbury, Maryland.  In attendance 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.

 

PROCLAMATION

 

President Sarbanes brought the meeting to order.  Following the Lord’s Prayer and Pledge of Allegiance, Councilman Dodd presented a Proclamation to Dr. Albert Rayne, proclaiming September as, Prostate Cancer Awareness Month. Dr. Rayne and the Man-to-Man Prostate Cancer Support Group of Wicomico County is concerned for the community’s awareness of his serious disease, early prevention and diagnosis.

 

CERTIFICATE OF RECOGNITION

 

President Sarbanes presented a Special Certificate of Appreciation to Corporal Michael Scott Richardson for serving in Operation Iraqi Freedom to liberate the Iraqi people and, for the sacrifices he made to preserve, protect and defend this nation.

 

MINUTES

 

President Sarbanes called for any additions or corrections to the minutes. On motion made by Mr. Dashiell, seconded by Mr. Taylor, and unanimously carried, the Minutes of August 19, 2003 were approved as amended.

 

ADMINISTRATIVE DIRECTOR

 

Theodore E. Shea, II, Administrative Director, submitted the following items for Council’s consideration:

 

Appointments:

 

Wicomico County Historic District Commission: The terms of James Jackson, Frank Tobat and Ernest Olds will expire in 2003. The Commission operates under the guidelines of the National Park Service and the Maryland Historical Trust. The three Commission members have agreed to serve if reappointed. Mrs. Bartkovich reminded Council that the credentials of those who serve on the Historic District Commission should be on record. The Planning staff has confirmed that this information is not available. To that end, Mrs. Bartkovich motioned to table the request. The motion was seconded by Mrs. Prettyman and unanimously carried. 

 

Tourism Advisory Board:  The Board wishes to reappoint Betty Gardner, Gains Hawkins and Bill Wyatt. Messrs. Rick Day and Phil Bradshaw wish to resign from the Board and Messrs. Bak Patel and Charles Goslee have expressed interest in filling the vacancies.  On motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council accepted the recommendations to: reappoint Betty Gardner, Gains Hawkins and Bill Wyatt, accept the resignations of Rick Day and Phil Bradshaw, and appoint Bak Patel and Charles Goslee.

 

The Recreation Commission currently has four vacancies, whose members wish not to be reappointed due to time constraints; and one member who has not fulfilled the attendance requirement. Staff has discussed the vacancies with the Recreation Councils and the community to field names of potential candidates. The Commission recommends the appointments of Jimmy Reed (West Salisbury), Frank Gordy (Salisbury), Ed Urban (Tourism Board) and Bob Janeski (Fruitland).  On motion made by Mr. Dashiell, seconded by Mr. Taylor, and unanimously carried, the appointees were approved as recommended.

 

The Lower Shore Workforce Alliance wishes to appoint Peggy Bradford, At-Large/Community-based Organization representative, to a term of four years (2003-2007) and Renee Stephens, At-Large/Economic Development representative, to fill the remaining term of Joseph Mangini (2001-2005). The appointments were confirmed on motion made by Mr. Taylor, seconded by Mr. Dashiell, and unanimously carried.

 

On motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, Council reappointed L. C. Jones to the Personnel Board for a term of three years, to expire 2006.

 

On motion made by Mr. Long, seconded by Mr. Dodd, and unanimously carried, Council reappointed Robert Farrell to complete his term on the Board of Commissioners for the Wicomico County Housing Authority.

 

Strategic Planning: At Council’s request, Director of Planning Jack Lenox and Deputy Director Lori Carter, submitted a list of possible facilitators for Council’s consideration.  On question of the facilitators role Mr. Dashiell stated it is his understanding Council would develop a list of topics important to the County’s future planning and the facilitator will help provide a means to discuss and prioritize the list, concluding with a plan agreeable to all to cover those issues. Mrs. Prettyman asked if costs had been discussed and Mr. Dodd asked if other facilitators were contacted. Mr. Lenox responded the list of topics would help determine the areas of expertise needed for a particular facilitator. Once developed availability of the facilitator, cost and confirmation would occur. Proposed facilitators: Doug Wilson, Director of Planning, Business Development and Government Relations, Peninsula Regional Medical Hospital, Salisbury, Maryland.; Memo Diriker, BEACON Director, Associate Professor, Salisbury University, Salisbury, Maryland; Jim Farnam, Holt, Wexler & Farnam, LLP, New Haven, Connecticut and, Jeanie Bilanin, The Academy of Excellence In Governance, College Park, Maryland. Council agreed to develop the list and await recommendation of the Administrative Director.

 

Replacement Spotlight for Civic Center: A spotlight used for concerts, shows and special events at the Civic Center has failed and needs to be replaced; estimated at $14,000. On motion made by Mr. Taylor, seconded by Mr. Dashiell, and unanimously carried, Council approved the purchase, and agreed to allow a Transfer from Contingency if the money could not be realized from revenues at the end of the fiscal year.

 

Capital Improvement Program: Mr. Brian Foret, Director of Facilities Services for the Board of Education is in receipt of dates to submit the Board’s Capital Improvement Budget and Program to Wicomico County.  As in past years, due to the State’s submission of its capital requests for school construction projects, the board requests an extension, anticipated to be not later than October 1, 2003.   The extension is requested with the recommendation of the Administrative Director. On motion made by Mr. Taylor, seconded by Mr. Long, and unanimously carried, Council granted an extension to November 18, 2003 for Capital Improvement Budget FY 2003 Projects For Bond Legislation.

 

DEPARTMENT OF FINANCE

 

Patricia Petersen, Director of Finance, submitted and reviewed the Statement of Latest Investment Rates/Balances for all County Funds, reflecting a total general fund balance of $2,656,881, Capital Project Fund balances of $30,271,745, total major non-designated fund balance of $48,591,692 and a total reserve fund balance of $4,808,627.  At Council’s request, Mrs. Petersen noted the inclusion of Contingency Fund balances.

 

Parsonsburg Volunteer Fire Company: Terms and conditions of the appropriation made available to the volunteer fire service in the County’s budget have been met by the Parsonsburg Volunteer Fire Department. The department requests the hire of a full-time paramedic and a second full-time paramedic. On motion made by Mr. Dodd, seconded by Mrs. Bartkovich, and unanimously carried, Council approved the appropriation for the first full-time paramedic, together with $38,000 and asked the Finance Director to obtain additional information on a second fulltime paramedic.

 

Grass Cutting: 

Chapter 174 Nuisance Ordinance provides authorization by the County to order the cutting of grass and weeds on property in Wicomico County and thereafter be subject to a tax lien to collect costs. The Department of Planning, Zoning and Community Development has submitted an invoice for grass cutting at 8131 Burnt Branch Drive, Salisbury, Maryland, in the amount of $150. The Director of Finance confirmed the authorization to place a tax lien on the property. Council granted authorization.

 

DEPARTMENT OF PUBLIC WORKS

 

P. Rai Sharma, Director, called attention to MS Waste Management magazine featuring the operation at the County’s landfill. The article rates the operation as of the three best facilities on the northeast continent. The Solid Waste Division has also received a letter of commendation from George W. Owings, Maryland House of Delegates, Carroll County.

 

 Mr. Sharma, submitted the following subdivisions:

 

Subdivision Name: Givans Addition Resubdivision                    

Location:               Greenmount Avenue & Montleau Avenue   

Applicant:             Parker & Associates

   100 Wilson Street, Salisbury, Maryland 21801

Owner:                 Elsie & Richard Farrell

         133 Greenmount Avenue, Salisbury, Maryland 21804

The applicant proposes to re-subdivide the drainage area established in Givans Addition Subdivision. Approximately 4,200 square feet of the drainage area will be added to an adjacent lot (Parcel 139). The lot has frontage and access on Greenmount Avenue, while the drainage area has frontage and access on Montleau Avenue.  Both roads are classified as local streets.

 

Proposed Conditions:

1.   The Final Plat shall comply with the Subdivision Regulations.

2.   The subdivision must comply with the Forest Conservation Regulations as

      administered by the Planning Office.

3.   Health Department approval is required.

4.   No building may remain within the drainage area.

5.   No fence may remain within the right-of-way of Belmont Avenue.

6.   The drainage area is to be added to Parcel 2580 and annexation be requested of the         

      City of Salisbury.

The Department of Public Works recommends approval of this subdivision by the Planning Commission, subject to the proposed conditions being met.

 

Council expressed interest in initiating a policy to address the annexation concern before the final approval. Mr. Sharma assured Council the stipulation would become part of the list of conditions.

 

Due to a professional relationship with the Simms family, Councilman Dashiell excused himself from the next agenda item.

 

Subdivision Name:  Subdivision for Simms                               

Location:                Quantico Road & Rewastico Road            

Applicant:              Hampshire, Hampshire & Andrews

     226 N. Division Street , Salisbury, Maryland 21801

Owner:       William Simms (P. 46)     Lee Simms (P. 51)           Donald Simms

229 Canal Park Drive     7630 Quantico Road        1681 Staunton Street

Salisbury, MD 21804      Hebron, MD 21830         The Villages, FL 32162

The Applicants propose to subdivide fifty (50) lots from three existing parcels of land.  Parcel 46 consists of 151 acres, a majority of which is currently being farmed.  Parcel 51 consists of 125 acres of which all but ten acres is within an agricultural preservation district.  Parcel 150 consists of 4 acres on which two dwellings currently exist. Two lots would front and have access on Rewastico Road, while the remaining forty-eight lots would front and have access on proposed interior streets.  Rewastico Road is classified as a minor collector road and Quantico Road is classified as a state highway. Two different development schemes were proposed on Parcel 51.  One proposed fifteen lots while the other proposed only three.  Preliminary/final approval was granted by the Planning Commission on January 17, 2002 for the three lot scheme.  A sketch plat for these three parcels was reviewed by the Planning Commission on October 17, 2002 that showed the ultimate development of the parcels. The proposed Preliminary only shows a portion of the development and differs slightly from that originally shown.  If approved, the previous approvals on Parcel 51 would become null and void.

 

Proposed Conditions:

1.    The Final Plat shall comply with the Subdivision Regulations.

2. The subdivision must comply with the Forest Conservation Regulations as administered by the Planning Office.

3.    Health Department approval is required.

4.  Construction improvement plans shall be submitted for approval by the Public Works Department.  Please note stormwater management ponds which have no outfall must be designed to infiltrate the 100-year storm.

5.  A homeowners association must be established to own and maintain the proposed common areas, as well as maintain the drainage easements.

6.   A note referring to the Right to Farm regulations shall be placed on the final plat.

7.  Lot 7 & 8, Block C shall be the only proposed lots having direct vehicular access to Rewastico Road.

8. The fifty-percent set-aside shall be established by both plat and legal documents.  These properties must be under one ownership to allow the transfer of lot density between abutting properties.

9.  The future street proposed to the east shall be eliminated as the adjacent parcel has already been subdivided.

10. The future street to the west shall be eliminated as the remainder of Parcel 51 is already in an agricultural preservation district.

 

The Department of Public Works recommends approval of this subdivision by the Planning Commission, subject to the proposed conditions being met.  The request requires that the County Attorney prepare an ordinance for legislative session. Council concurred.

 

OFFICE OF FIRE INSPECTOR

Edward Torbert, Fire Protection Specialist, submitted a Hotel Inspection Report for 2003.  Mr. Torbert explained an inspection of this magnitude, encompassing all the hotels/motels in the county had not been performed in over thirty years and, that while there were deficiencies, the report indicated several hotels with no major violations, some that were not yet inspected, and an average of 23% of the smoke detectors tested were found to be ineffective. The most common violations related to missing or improperly penetrated fire resistant rated construction.  Mr. Torbert added that certain hotels had not responded and would receive a letter from his department. As this is the first such inspection, Mr. Torbert opined the findings to be ones that can be corrected.  On question of the County's authority for penalty when corrections are not adhered to, Mr. Sharma responded the County has the authority not to renew permits to operate.

 

Pemberton Drive Closure:  Mrs. Bartkovich asked for the status of the Pemberton Drive closure and its impact to the opening of school. Mr. Sharma responded that he expected Pemberton Drive to be opened by September 4th with possible construction to continue. The Board of Education did approve the proposed schedule before construction began but inadvertently used the 2002 school calendar, which began on September 4th. The 2003 school year begins September 2nd.  

 

 

PUBLIC HEARING

OFFICE OF THE SHERIFF

 

At 11 o’clock a.m., Sheriff R. Hunter Nelms and Captain Robert VanMeter came before Council requesting that $4,403.00 be transferred from the department’s Capital Budget line (211-094) to Local Law Enforcement Block Grant to accommodate the match required for the 2003 Block Grant. A new account will be established and the U.S. Department of Justice will electronically transfer $39,122.00 to the account.  The funding from the Local Law Enforcement Block Grant will be utilized to enhance law enforcement capabilities.

 

Mrs. Mary Ashanti, President, NAACP for Wicomico County stated that there is a practice of holding public hearings during daytime hours and, because of work schedules interested persons are not always able to attend. In addition, she called attention to the limited advertising announcing the hearing. Mrs. Ashanti expressed her wishes for better public awareness.

 

There were no Council comments. Upon motion made by Mr. Dodd, seconded by Mr. Dashiell, and unanimously carried, Council approved the request as submitted.

 

In other Sheriff Department matters, Mrs. Bartkovich expressed appreciation to the Sheriff for allowing Mr. Russell Cooper to oversee inspections of the newly constructed D.R.I.L.L. Academy.

 

On-Behalf-Of- Program:  Ms. Lori Carter, Deputy Planning Director, reported that the Department of Housing and Community Development has designated a $2,292,412 housing bond allocation to Wicomico County.  The County has participated in this program since its inception and must signify its participation by forwarding appropriate documentation. On motion of Mr. Taylor, seconded by Mr. Long, and unanimously carried, Council voted to continue participation.

 

EDGAR A. BAKER, JR., COUNTY ATTORNEY

 

Notice is hereby given in compliance with Section 22-2(G) of the Wicomico County Code that the County Council of Wicomico County, Maryland proposes to lease from Robert E. Kambarn and Barbara R. Kambarn, the following demised premises located on the northerly side of Bateman Street known as Lot 6 as shown on a plat dated March 1997 and recorded among the land records of Wicomico County, Maryland in Plat Cabinet M.S.B. 11,214 and also known as 123 Bateman Street, Salisbury, Maryland, improved with a 4400 square foot building.  The property shall be used by Wicomico County, Maryland for the use of the Wicomico County Board of Elections. The above-described property is to be leased at a price of Twenty-six Thousand Four Hundred Dollars ($26,400.00) per year for a three-year term, with options to renew.  Six Hundred Seventy-Nine feet of share warehouse storage may be subleased to Diebold Election System, Inc. for storage of electronic ballot stations and VIBS units.

 

There were no public or County Council comments. With no discussion, on motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, Council approved the lease.

 

Notice is hereby given pursuant to Article VII, Section 702 (F) of the Charter of Wicomico County, for the purpose of holding a public hearing on a proposed amendment to the Capital Budget and Program of the County for the period July 1, 2003 through June 30, 2008. The County proposes to amend the Capital Budget to include and modify the Wor-Wic Community College water and sewer extension project to reflect additional costs of $500,000.00.  It is anticipated that the additional costs will be funded through a Taxable General Obligation Bond to be reimbursed by Comcast Spectacor.

 

There were no public comments. On call for County Council comments, Mrs. Prettyman recalled that Wicomico County had an additional $500,000 in bond money for water and sewer that could be used rather than seeking new bond money. Mr. Shea responded he, together with the Finance Director, would do some research however, even if there is an unspent $500,000 in bond money, it couldn't be used for the Comcast agreement because it would have been nontaxable bond money; which can not be used in a private repayment agreement.  Mr. Shea stated that the estimate for the work from the City of Salisbury had gone up and whatever bond money was available would be needed to cover the increase.  Mr. Shea offered to provide the most recent financial arrangements from the City of Salisbury at the next meeting. With no further discussion, on motion made by Mr. Dodd seconded by Mr. Taylor, and unanimously carried, Council voted to include the amendment.

 

BOARD OF EDUCATION

 

Dr. Charlene Cooper Boston, Superintendent, Thomas Fields, Assistant Superintendent of Curriculum Instruction, E. Bruce Ford, Comptroller, and Linda Stark, Coordinator of Strategic Planning, came before Council to present the Bridge to Excellence Master Plan. Following the presentation Dr. Cooper Boston shared the Board’s interest to have Council representation on the Master Plan Oversight Committee. While he expressed appreciation to the Board to include Council representation, President Sarbanes was of the opinion that due to the County’s fiscal obligation to the Board, it would not be in the best interest to do so.   Council members complimented the Plan, the Board’s dedicated staff for its compilation, and looks forward to continuing its working relationship with the Board. Following are the highlights of the Plan as submitted.

 

Bridge to Excellence Master Plan 2003-2008

Wicomico County Board of Education

 

Responsibilities of the Local School System

 

  1. Develop a five-year comprehensive Master Plan that includes goals and strategies  promoting academic excellence among all students and eliminating performance gaps that persist based on:

 

Race, Ethnicity, Socioeconomic circumstances, Disability, Native language

 

  1. Link funding directly to decisions about increasing student achievement and eliminating the achievement gap
  2. Provide full-day kindergarten programs for all students and pre-kindergarten programs for all at-risk students by the 2007-2008 school year

Wicomico County Public Schools’ Needs Assessment

 

  1. Significant achievement gaps, ranging from 25 to 35 points on measures including MSA, CTBS and MSPAP, exist when comparing African American, Hispanic, economically disadvantaged students and students with disabilities with other students.
  2. Minority students are significantly under-represented in magnet, Certificate of Merit, Advanced Placement, and talented and gifted programs while significantly over-represented in student behavior categories (e.g., office referrals, suspensions).
  3. Over the last four years, there has been a 56% increase in the number of English Language Learners served by the school system, representing 21 different languages spoken.

 

 

 

  1. Approximately half of all students entering kindergarten in Wicomico County do not have the necessary skills to begin to learn at the level of expectation.

 

  1. Attendance rates for all middle and high school subgroups, except Hispanics, continue to be below the satisfactory level.

 

 

 

  1. The graduation rate for 2003 is 82.13%, compared to the state standard of 90% for 2013-2014. 
  2. The number of office referrals increased by more than one-third over the last three years.

 

  1. Many teachers need professional development in the application of scientifically-based instructional strategies.
  1. There is a need to improve communication and collaboration with parents, community and others.

Master Plan Goals

 

Goal 1:  By 2013-2014, all students will reach high standards, at a minimum attaining proficiency or better in reading / language arts and mathematics.

Goal 2:  All limited English proficient students will become proficient in English and reach high academic standards, at a minimum attaining proficiency or better in reading/language arts and mathematics.

 

Goal 3:  By 2007-2008 provide pre-kindergarten programs for all economically disadvantaged students and full day kindergarten programs for all students.

Goal 4:  All students will be educated in learning environments that are safe, drug free, and conducive to learning.

Goal 5:  All students will graduate from high school.

 

Goal 6:  By 2005-2006, all students will be taught by highly qualified teachers.

Goal 7:  School- and Central Office-based personnel will have access to, and utilize, high performance technology to meet instructional and administrative needs aligned with the Maryland Plan for Technology in Education.

Goal 8:  Maintain cost efficient management systems and institute effective practices to improve operations and support to instruction.

 

Major Initiatives for High Student Achievement

 

  1. Standards-based curriculum and instruction
  2. New, comprehensive, structured math program, with materials and a pre-K-8 math coordinator
  3. Phase-in full-day kindergarten, beginning with Beaver Run, Northwestern, and West Salisbury in FY04
  4. Early children’s literacy initiative
  5. Reading intervention programs
  6. Reading and mathematics assessments to guide instruction
  7. Differentiated instruction
  8. Small group and one-on-one instruction for low-performing students
  9. Hands-on/experiential learning
  10. Instructional Consultation Team Model
  11. Use of technology to enhance instruction
  12. SAT preparation
  13. After-school programs
  14. Systematic approach to professional development
  15. Professional development coaches
  16. Cultural awareness/multicultural teacher training
  17. Family involvement activities and parenting seminars
  18. Outreach/communication coordinator to work with parents, staff, and the community

 

 

Major Initiatives for Safe Learning Environment

 

  1. New JROTC program at Wicomico High
  2. Additional guidance counselor for elementary schools
  3. Expansion of Positive Behavioral Interventions and Support (PBIS) program
  4. Funds to assist schools in providing agendas for all students to develop time management skills and improve communication with the home
  5. New in-school suspension program at the Wicomico Alternative Learning Center
  6. School-based home school liaisons to collaborate and communicate with families
  7. Education component at the DRILL Academy for troubled and delinquent youth

 

Major Initiatives for Effective & Efficient Operations

 

  1. Several new positions to meet new state and federal reporting requirements and make effective use of technology

Computer programmer, Clerical support for school and administrative offices

Budget analyst ,Data reporting associate for No Child Left Behind requirements

Electronic communication associate, Technology trainer who will work with teachers and administrators

 

  1. Upgrades to the computer network and hardware

 

Master Plan Management

Superintendent of Schools and Board of Education

At the highest level, the Superintendent of Schools and the Wicomico County Board of Education will monitor the school system’s progress in meeting the goals and objectives of the Master Plan.  The Superintendent of Schools will inform members of the Board of the status of Plan implementation and results, presenting recommendations for adjustments as indicated.  The Board of Education will make the final determination of whether the Plan is successfully improving learning for all students or needs to be modified.

Master Plan Oversight Committee

Ø       Broad-based stakeholder group

Ø       Superintendent’s Committee

Ø       Co-chaired by a member of the community and a member of the Board of Education

Ø       Oversight of the Master Plan to include a review of:

·         Implementation status

·         Fiscal status

·         Progress in meeting stated goals and objectives

·         Recommendations for adjustments

Master Plan Steering Committee

Ø       Composed of internal stakeholders

Ø       Co-chaired by the Assistant Superintendent for Instruction and Curriculum and the Coordinator for School Improvement/Strategic Planning

Ø       Charged with on-going review of the implementation of the Master Plan

Ø       Will prepare reports for the Master Plan Oversight Committee

 

Dr. Cooper Boston extended an invitation for the Special Opening of Willards School, October 6th, 11:30 a.m.

 

FIRE/LEGAL SERVICE

 

Mr. Dodd asked if Mr. Baker had attended a meeting with John Pick, Executive Officer, City of Salisbury, and David See, Acting Fire Chief, Station No. 2, and if so, who pays the legal expense. Mr. Baker indicated the County because it involved a legal question of workers compensation insurance for associates of Fire Station No 2.

 

SALISBURY UNIVERSITY

 

Mrs. Prettyman reminded Council that the College Neighborhood Officers and Board of Directors invites Council to join them September 6th as they host a block party in support of the pending Ordinance that proposes 4-to-2 legislation in Wicomico County.  Mr. Lenox announced a public hearing set for September 10 at 7:00 p.m., Flanders Room, Wicomico Youth and Civic Center, for the purpose of hearing comments regarding the report of the County Rental Housing Committee, as it pertains to multi-tenant licensing and 4-2 legislation.  The moratorium on the conversion of all single-family residential dwellings into rental use as defined in Legislative Bill 2002-9 will end December 10, 2003.

 

There were no public comments.

 

There were no County Council comments.

 

With business concluded, Mr. Long motioned to adjourn Executive Session, and in compliance with Section 10-(508)a, subsections 13 and 1 of the Government Articles of the Annotated Code of Maryland, to hold closed sessions.  The motion was seconded by Mrs. Bartkovich and unanimously carried.

 

                                                ________________________________________

                                                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