Council Minutes
The Wicomico County Council met in Executive Session on
Gail M. Bartkovich, Marvin R. Long and Larry W. Dodd. Stevie Prettyman was absent.
President Sarbanes brought the meeting to order and called for any additions or corrections to the Minutes. There were none and the Minutes of September 2, 2003 were unanimously approved on a motion by Mr. Dashiell.
ADMINISTRATIVE DIRECTOR’S REPORT
Items of business presented by Theodore E. Shea, II, Administrative Director:
House Bill 780: With the adoption of Bill 780, the State has allowed an increase in the fee that counties may collect for 9-1-1 calls (would increase to $.75). The increase would help pay for upgraded equipment to handle cell phone calls to 9-1-1. If Council wishes to enact this increase, the County Attorney would be required to prepare the proper documentation. Mr. Long motioned to proceed with formal enactment of the fee increase. Council unanimously approved the motion as submitted.
Tri-County Council-Shore Transit: Mr. Shea reiterated that during a recent Tri-County Council meeting, members had discussed moving the Shore Transit consolidation date from July 1, 2005 to July 1, 2004. Since Wicomico County is the largest member of the group, Council is being asked to concur with the recommendation. Mr. Shea recommended that Council consider requiring the matching portion of the consolidation to be kept separate for each participating County until such time that details for apportionments are finalized. Mr. Taylor motioned to support the proposed consolidation date. Mr. Long suggested that Council should include Mr. Shea’s recommendation regarding matching funds and asked Mr. Taylor to amend the motion accordingly. Mr. Taylor amended his motion to include the Administrative Director’s recommendation; Mr. Long seconded the amended motion, which was unanimously approved.
Manufacturer’s Tax Exemption: Mr. Shea has received correspondence from Charles Rogers, Rogers Graphics, Inc., and trading as Print Factory, advising that his company purchased Cosden Printing in November 2002. Mr. Rogers is requesting that the former Cosden Printing manufacturer’s tax exemption be transferred to Rogers Graphics, Inc.
All such exemptions granted by Council are for the current year and forward, subject to meeting the necessary criteria. On motion of Mr. Taylor and a second by Mr. Dashiell, Council unanimously approved continuation of the existing tax exemption to Rogers Graphics, Inc.
Emergency Services: Sandy Silvia, Director of Emergency Services, is requesting Council’s approval of the revised “Emergency Support Functions” document, to be incorporated within the County’s Emergency Operations Plan. Once approved by Council, the document shall be forwarded to the Maryland Emergency Management Agency. On motion of Mrs. Bartkovich, Council unanimously approved the updated
Document.
Mr. Dashiell commended Ms. Silvia and all Emergency Services staff for their efforts to prepare for Hurricane Isabel, stating that nothing is more important than ensuring the safety of our citizens. Mr. Dodd asked if emergency evacuation centers have been identified. Ms. Silvia replied that in this county, the Wicomico Youth & Civic Center and the Salvation Army facilities would serve as storm shelters. If additional shelters are needed, the Board of Education would offer public school buildings that are equipped with generators.
Tri-County Council, continued: Mr. Shea referred to previous Council action regarding Shore Transit’s consolidation and stated that the Tri-County Council would also like to have Council’s approval to partner with the Lower Shore Workforce Alliance. On motion of Mr. Long and a second by Mr. Dashiell, Council unanimously gave its support for the request.
Request to Retain Surplus Funds: Mr. Shea reported that Dr. Judith Sensenbrenner, County Health Officer, had requested and received permission in November 2002 from the former County Council, to retain $16,051 from the Health Department surplus from FY 2003 operating funds to help pay the required 25% match for FY 04 State Transit (SSTAP) funding.
During the recent County budget process, the Health Department advised that due to the transition of a position in Wicomico Transit (county position) to Shore Transit, the department’s county salary line item could be decreased by $16,051. Dr. Sensenbrenner then received approval to transfer these funds to the department’s operating fund. After the Health Department completed its FY 2003 reconciliation, which usually occurs about this time each year, it was discovered that the $16,051 transfer from its $114,882.99 County surplus funds had not taken place. Following discussion, Mr. Taylor motioned to approve the transfer of $16,051; the motion was seconded by Mr. Long and unanimously carried.
Historic District Commission Appointments: During the previous meeting, Council tabled appointments to the above Commission. Mrs. Bartkovich motioned to take the item off the table. The motion was seconded by Mr. Long and unanimously approved.
Mr. Sarbanes informed Council that a letter of interest for being considered a candidate for appointment was received from Maryen Herrett, Quantico, Maryland this morning. Mr. Tim Brown was afforded the opportunity to encourage Council to consider Mrs. Herrett for appointment to the Historic District Commission and again expressed his concerns for prior decisions of the Commission members. Mr. Sarbanes asked the County Attorney if the Hill House “window issue” is still open to appeal; Mr. Baker responded that was accurate. Mr. Long asked Mr. Brown if he opposed the reappointment of the three members whose terms have expired; Mr. Brown expressed no opposition, but reiterated his concerns regarding their credentials. Mr. Long replied that all three individuals are volunteers, have served prior terms on this Commission and their reappointments are recommended by Planning & Zoning staff; therefore, he could not agree with Mr. Brown’s assessment. There were further comments by Mr. Sarbanes,
Mrs. Bartkovich, Mr. Taylor and Mr. Dashiell addressing the opportunities given to
Mr. Brown to share his perspectives, the right of appeal on decisions made by the Commission and Council’s support of the HDC members, based on information provided them by the Planning staff. Mr. Long then motioned to reappoint James Jackson, Ernest Olds and Frank Tobat; however, the motion did not receive a second. Council then instructed John Lenox, Director, Planning & Zoning, to publicly advertise the vacancies on the Historic District Commission.
Announcements: Greater Salisbury Committee is requesting permission to hold an event on the front steps of the City-County Government Office Building, on October 28. The City of Salisbury has no objections to the request and the County Council also concurred.
Council is in receipt of the itinerary for the Board of Education’s September 30 site tour of public school facilities.
As referenced earlier, the public hearing for the Tri-County Council/Shore Transit consolidation is scheduled for September 24.
The Board of Elections office will be closed from October
3-6 to move to its new location on
Lease of Office Space: Mr. Shea reported that the Health Department has expressed interest in leasing the office space being vacated by the Board of Elections to house staff for one of its grants programs. Mrs. Bartkovich motioned to proceed with the lease arrangements; Mr. Dashiell seconded the motion, which Council unanimously approved.
Hurricane Isabel: Mr. Shea provided the latest report on the hurricane. In addition, Mr. Long reported that the Planning Commission is recommending that its meeting scheduled for Thursday, be rescheduled for the following Thursday, September 25. Council concurred.
DEPARTMENT OF FINANCE
Patricia B. Petersen, Director, reviewed the Statement of Latest Rates/Balances for all County Funds, reporting a total general fund balance of $3.9 million; capital project fund of $37.8 million; total major non-designated county fund balance of $57.8 million and total reserve funds of $4,809,588. Mrs. Petersen noted that the Contingency Fund balance remains the same as the last report. The Room Tax Collection Report for July 2003 reflects a total of $91,303.62, as compared to prior years’ total of $87,947.95.
There is one delinquent account in bankruptcy, one account in litigation and a third account one month in arrears.
Payment for Contracted Services: In the process of enforcing the County’s Nuisance Abatement Ordinance, Mrs. Petersen requested authorization to pay contracted grass cutting services at five locations, totaling $640.00. The County, in turn, will place liens on the properties in the amount charged for the service. Mr. Long motioned to approve payment from the Contingency Fund. Responding to a question posed by Mrs. Bartkovich regarding collection of these monies, Mr. Baker also stated that the County is having difficulty finding contractors to perform these services because of the length of time between billing and payment. He suggested that Council consider ways to expedite payment. The motion was unanimously approved.
Permit to Operate: Mrs. Petersen reported that after meeting all County criteria, two motel operations and two campgrounds are eligible for permit renewals. On motion by Mr. Dodd, Council unanimously approved the renewal of Permits to Operate for Microtel Inn & Suites, Sleep Inn, Woodlawn Family Campground and Sandy Hill Camp, Inc.
Capital Incentive Sinking Funds – Requests: Pittsville Volunteer Fire Department is requesting $16,000 from the matching funds account to assist with a Fire/Police Traffic Unit and Sharptown Volunteer Fire Company is requesting $87,100 to assist in the purchases of an ambulance, utility truck, new roof on the engine bay and 12 LEAD heart monitors. Both fire companies provided confirmation of their matching funds for the requests. On motion of Mr. Taylor, Council unanimously approved both requests.
EMT Allocation: Parsonsburg Volunteer Fire Department is requesting its County appropriation for EMT coverage on the weekends, plus coverage for the full time EMT; this amounts to approximately $5,000. On motion of Mr. Dodd, Council approved the request as submitted.
John Ellis, Chief Accountant, submitted and reviewed financial reports dated June 30, 2003 and August 31, 2003, reflecting significant year-to-date transactions within the General Fund. Both comprehensive reports are available for review.
DEPARTMENT OF PUBLIC WORKS
The department’s Director, P. Rai Sharma, submitted the following items of business:
Town of Willards: Kenneth Hooper, Attorney for the Town of Willards, submitted an agreement between the town and Wicomico County, assigning Stormwater Management Obligations/Plan. Mr. Sharma assured Council that Willards officials adopted the required County Code (Chapter 196) and have signed the document. Prior to a motion and vote, Mr. Dashiell stated he would not participate in discussion and action on this topic, based on possible conflict of interests. At Mr. Sharma’s recommendation and on motion of Mr. Long, Council approved the referenced Stormwater Management Agreement with five unanimous votes.
Mobile Home Park Licenses: Mr. Sharma announced that Salisbury Mobile Home Park has complied with county requirements and recommends renewal of its license.
On motion of Mr. Dashiell, Council unanimously approved the license renewal.
County Roads Maintenance System: Goose Creek Court, Goose Creek Section II, has been constructed to meet all County standards. On motion of Mr. Dodd, Council unanimously approved the inclusion of Goose Creek Court into the County’s roads maintenance system.
Posting of Construction Bond: Public Works staff has received a request from Hampshire, Hampshire and Andrews on behalf of a client, to post a bond for improvements in the Mockingbird subdivision, Sections 3, 4 and 5, located in Mardela Springs. On motion of Mr. Taylor, Council unanimously approved a request for the referenced bond, in the amount of $420,000.
Draw down of ponds: Mr. Sharma announced that in anticipation of the rainfall associated with Hurricane Isabel, staff has begun the draw down Leonard’s Mill Pond, Colbourne Mill Pond, Tony Tank Pond, Rewastico Pond and Barren Creek Pond.
Miscellaneous: Mr. Sharma referred to a meeting scheduled September 23 in Annapolis to address State Highway revenue/transportation issues. Mr. Sharma, among others, will be making a presentation to State officials on related issues at the local level. Recalling that Wicomico County had its state allocation reduced by $1.9 million, Mr. Sharma reported that another $120,000 has been cut; therefore, there will be no roads projects undertaken this year. The Roads Division will be able to fund snow removal and grass cutting services only. Mrs. Bartkovich asked how this would affect the planned repairs to Morris Road. Mr. Sharma recalled that repairs have been estimated at approximately $300,000. The County Attorney has prepared an agreement between the County and
Mr. Murray to share that cost; however, the Roads Division can no longer fund its portion of the project due to funding cuts. Mr. Sharma will seek Council direction at such time that the business owner signs the agreement and pays his portion of the costs.
At the request of Mr. Sharma and on motion of Mr. Dodd, Council adjourned Executive Session and convened at the Urban Services Commission.
URBAN SERVICES COMMISSION
The Public Works Department has received a request from Mr. Mark Austin for an adjustment to his sewer bill for the period of April 1, 2003 to June 30, 2003, served by the Riverside Urban Services Sanitary Sewer District.
Mr. Austin states that water was diverted to Tony Tank Lake, rather than the sewer, while repairs were made to his irrigation system; however, the water was left running until
Mr. Austin was contacted by a City meter reader. Mr. Austin’s previous normal water and sewer usage each quarter is 20,000 gallons. The specific quarter in question reflects usage of 153,000 gallons. Therefore, Mr. Sharma is recommending a sewer bill
adjustment of 133,000 gallons. At the current rate of $4.44 per 1000 gallons, a reduction of $590.52 would be made. On a motion by Mr. Taylor, Council unanimously agreed to grant the recommended rebate.
With business concluded, Mr. Long motioned to adjourn the Urban Services Commission and reconvene Executive Session. The motion was unanimously carried.
EXECUTIVE SESSION RECONVENES
COUNTY ATTORNEY
Edgar A. Baker, Jr., County Attorney, conducted a public hearing, as follows:
Notice is hereby given, in compliance with Section 197-15 (E) of the County Code, that the County Council will hold a public hearing on September 16, 2003 at 11:00 a.m. to hear comments, protests and objections to the follow road closing requests:
Mr. Baker explained that the County Code regarding any road closing requires the applicant to submit a request to County Public Works for review prior to public hearing. The applicant absorbs all associated costs. In referencing the two requests, Public Works staff has suggested that the public hearings be held, but hold the final decisions to allow staff time to resolve certain outstanding issues that have recently surfaced. It is their intention to bring the results to the next meeting.
Public Hearing No. 1: Regarding the first public hearing, Mr. Baker explained that Maria Acres is a small subdivision. Mr. and Mrs. White wish to subdivide into three lots, now requiring the designation of a street. While the street has never been built, the general principle is that any time land conveyed on the opposite side of a designated “street” and then request that the street be closed, each property owner takes ownership to the center of the street. Mr. White has been unable to obtain the other property owner’s consent to take back ownership of the full street bed. This issue must be resolved before any action can be taken.
Calling for public comments, Mr. Dale White and Mr. Robert Conway, property owners, amicably explained their positions. Mr. White explained that it is not his intention to deny access to Mr. Conway, but wants the street property deeded back to
him. Mr. Conway also stated that he wants Mr. White to have the property, but his attorney advised him to have language included in the deed to ensure that Mr. Conway and his heirs have right of access via the existing road. Additional comments by Mr. Sharma and the County Attorney concluded with Mr. Baker suggesting that he contact
Mr. Conway’s attorney, Mr. Insley, to compose language acceptable to both parties, to be included in the deed. Mr. Baker will then bring the topic back to the County Council to complete the public hearing. Mr. Sharma also recommended that Mr. White’s two subdivided lots should be combined into one.
There were no other public comments regarding this particular hearing.
Public Hearing No. 2: Referencing the second public hearing, Mr. Robert Culver requests the closure of Graham Drive and Messick Avenue. Mr. Baker suggests that the public hearing be conducted, but any decision be deferred until a particular issue can be resolved. Mr. Sarbanes then called for public comments.
Mr. Robert Culver explained that after completing the site plan/Planning Commission review process, he decided to use the property as the site of a mini-storage business.
When he acquired the property, the owner had designated a “paper”street on the plat.
According to a survey that was required by Public Works, each property owner would have access to Pemberton Drive for his lot.
Mr. Mike Schneider pointed out that his property is comprised of two separate lots, not one lot as indicated on the survey, both of which adjoin the “paper street”. Therefore, one lot would be “landlocked”, with no access to Pemberton Drive. Mr. Messick would prefer that any decision be tabled for thirty days so his attorney can determine the ramifications of proposed closure.
Mr. Baker again recommended that any action be deferred until the parties and the Department of Public Works can find a workable solution. Council concurred.
Mr. Long motioned to adjourn Executive Session and enter Legislative Session; the motion received a second from Mr. Dodd, with unanimous Council approval.
LEGISLATIVE SESSION
Edgar A. Baker, Jr., County Attorney, conducted a Legislative Session for the purpose of introduction of Bills. Legislative Session requires Minutes separate and apart from Executive Session Minutes and being public information, are available for review in the Administrative Offices.
Following introduction of Bills, Council scheduled a public hearing on October 7, 2003, at 11:00 a.m., Council Chambers, Government Office Building, Salisbury, Maryland.
On motion of Mr. Long, Council unanimously approved the adjournment of Legislative Session and to reconvene Executive Session.
EXECUTIVE SESSION RECONVENES
COUNTY ATTORNEY, continued:
Memorandum of Understanding: Mr. Baker referred to the adoption of the MOU among Wicomico County, Wor-Wic Community College and the City of Salisbury.
All parties and Council’s approval of the basic outline of the agreement agreed upon a final draft, particularly the first three items regarding cost sharing;
Mr. Baker brought attention to Paragraph 7, addressing payment for temporary waste removal, stating that item is still being negotiated. The most crucial element is the County’s agreement to pay $1,263,950.00 or 23.54% (whichever is less) of the actual cost to construct and extend water and sewer facilities to Arthur W. Perdue Stadium and Wor-Wic Community College. He further pointed out that the $1.2 million figure is comprised of County and Comcast shares. Mrs. Bartkovich asked for clarification on specific items, to which Mr. Baker responded.
Mr. Baker suggested that it would be appropriate to have Council approve the MOU, subject to Paragraph 7 still under negotiation. Mr. Dashiell moved to approve the MOU, subject to Paragraph 7 being renegotiated by the County Attorney. The motion received a second from Mr. Taylor and was unanimously carried.
DEPARTMENT OF CORRECTIONS
Douglas Devenyns, Director, addressed three items of business:
Department’s Response to Inspection: Mr. Devenyns referred to the department’s letter of response to a list of deficiencies cited by the Immigration and Naturalization Services, U. S. Marshals Service and Public Health Service during an inspection last year. The deficiencies included issues such as clothing, bedding, recreation and others administrative in nature. Mr. Devenyns explained that deficiencies are defined by each agency’s standards, which vary greatly among agencies. While there were several cited deficiencies to which the Department took exception, Mr. Devenyns reported that outstanding issues have been resolved.
Mr. Devenyns informed Council that Federal officials are currently reviewing a contract between the Immigration and Naturalization Service and the Dept. of Corrections; the Department anticipates submitting the contract for execution during the next Council meeting.
Mr. Devenyns then introduced Walter Ridley, Chair, and Thomas Fitzgerald, Acting Executive Director, Maryland Commission on Correctional Standards, who presented a recognition award to Wicomico County and the Department of Corrections for its achievement of 100% compliance with correctional standards in the State of Maryland. Mr. Devenyns and Mr. Sarbanes accepted the award, each expressing his appreciation for the recognition.
MISCELLANEOUS
John Lenox, Director, of Planning & Zoning, confirmed that the Planning Commission has rescheduled its meeting to Thursday, September 25, 2003.
Mr. Lenox also took the opportunity to introduce Jacqueline Tigner, a new staff member who will join Lori Carter in the Housing and Community Development division.
Mr. Shea asked Council to consider a request from Davis R. Ruark, State’s Attorney, relative to a reclassification of a position from Legal Office Associate II to Legal Office Associate III, due to a change in the position’s duties and responsibilities.
Ed Cox, Director of Human Resources recommends the reclassification. Mr. Taylor motioned to accept the recommendation for reclassification; the motion received a second by Mr. Dashiell and was unanimously approved.
Mr. Shea reminded Council of a meeting with volunteer fire and ambulance personnel on September 24, 2003 to discuss fire contract negotiations and the meeting is considered a closed session.
On a final note, Mr. Shea announced that Kathleen Reif, Administrator, Wicomico County Free Library, has accepted the Director’s position with the St. Mary’s County Library system. President Sarbanes, Mr. Long, Mr. Taylor and Mr. Dashiell commended Mrs. Reif for her stellar contributions to the County’s Library system, shared their best wishes and all agreed that she would be sorely missed.
Mrs. Bartkovich motioned to authorize a closed session, in accordance with Section 10-(508)a of the State Government Articles of the Annotated Code of Maryland.
The motion was seconded by Mr. Dashiell and unanimously approved.
With no further business to come before Council in Executive Session, the meeting was 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, 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
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