Wicomico County, MD
  Council Minutes
  September 20, 2005

 

The Wicomico County Council met in Executive Session on Tuesday, September 20, 2005 at 10:00 a.m., Council Chambers, Government Office Building, Salisbury, Maryland.  In attendance were Anthony Sarbanes, President, Charles R. Dashiell, Jr., Vice President, Edward T. Taylor, Steve Prettyman, Gail M. Bartkovich, Marvin R. Long and Larry W. Dodd.

 

MINUTES

On motion by Mr. Dashiell, seconded by Mr. Long and unanimously carried, Council adopted the Minutes of September 6, 2005 as corrected.

 

PROCLAMATION

BY THE WICOMICO COUNTY COUNCIL

DECLARING SEPTEMBER 18-24, 2005

ADULT DAY SERVICE WEEK

Presented by Council member Edward T. Taylor

 

CERTIFICATE OF RECOGNITION

BY THE WICOMICO COUNTY COUNCIL

SALISBURY OPTIMIST CLUB - 50TH ANNIVERSARY

 “FRIEND OF YOUTH”

Presented by President Anthony Sarbanes

 

 

ADMINISTRATIVE DIRECTOR’S REPORT

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

 

Board of Education - Budget Transfers

Present were Charles Bounds, Assistant Superintendent for Administrative Services, Tom Field, Assistant Superintendent of Curriculum and Instruction, E. Bruce Ford, Comptroller and Bonnie Walston, Director of Special Education.

 

The Board of Education gave its approval to make additional year end (June 30, 2005) transfers between the major categories of its Annual Budget for fiscal year 2004-2005 in the amount of $8,386, subject to Council approval.

 

The Board of Education gave its approval to make transfers of funds between major categories of its approved Annual Budget for fiscal year 2005-2006 for the month of September 2005, in the amount of $46,795, subject to Council approval.

 

The Board also transferred funds within the major categories of its Annual Budget for fiscal year 2005-2006 for the month of September 2005, in the amount of $14,423. Council action is not required.

 

In accordance to a gentlemen’s agreement to make transfers between categories under $1,000 the Board reported transfers for the month of September 2005, in the amount of $498. Council action is not required.

 

Upon motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council granted its approval. 


Maryland Department of Housing and Community Development (DHCD)

DHCD received $3.2 million dollars toward housing rehabilitation loans for the current fiscal year. Funds are not allocated to jurisdictions but are made available through an application process by Letter of Intent. The Department of Planning, Zoning and Community Development oversees administration of the program for Wicomico County. Upon motion made by Mr. Long, seconded by Mrs. Prettyman and unanimously carried, Council authorized a Letter of Intent to participate in the application process.

 

Nuisance Code

Under Chapter 174 of the Wicomico County Code costs incurred to replace failed septic systems are assessed to the property owner and if unpaid, become a lien against the property and collected as real estate taxes.  Work to replace a failed system at 803 Cornish Street, Salisbury, Maryland received a bid of $9500, with an additional cost of $850 per foot over 6’, total replacement costs, $15,260.  Ron Posey was awarded the bid and advanced $4,000 toward materials. Payment for the remaining balance of $11,260 is requested. Council raised questions including the size of the field, property assessment values, possible connection to City of Salisbury water and sewer services, condemnation and the ability of the property owner to repay the debt within a year.  Following discussion Mrs. Prettyman motioned for approval, seconded by Mr. Dashiell and unanimously carried. Council then requested that the Health Officer attend the October 4th meeting to address these and other concerns regarding this issue.   

 

Due to a Conflict of Interest Council member Gail Bartkovich did not participate in discussion or vote on the following agenda item.   

 

Jack Lenox, Planning Director, Andrew Mitchell, City Solicitor for the City of Fruitland,

Blair Rinnier, Rinnier Development -Annexation Request for the City of Fruitland

Name:              Fruitland – St. Luke’s Road – Rowen’s Mill Annexation

Applicant:         City of Fruitland

Location:          Northerly side of St. Luke’s Road, easterly side of the Salisbury Bypass, bordering the corporate limits of the City of Fruitland.

Request:           County Council consent to the Planning Commission’s Recommendation of R-3 Townhouse and Apartment Residential District, upon annexation to the City of Fruitland

 

The site is proposed for a mixed-unit development consisting of 23 single-family lots, 40 two-family lots (80) units, 22 tri-plexus and 4 quad-plexus (185 units). Due to its proximity to the existing State Highway and existing Fruitland facilities, the development will create minimal demands on road infrastructure however the greatest impact is likely to be felt by the school system.  Upon motion made by Mr. Dodd, seconded by Mr. Taylor and unanimously carried, Council concurred in the recommendation.  In addition, Council agreed to conduct a work session to revisit areas addressing the County’s infrastructure including adequate public facilities, the school system and annexations.  Mr. Sharma reminded the developer that applications for Amendments to the Comprehensive Water Plan are mandatory in this process.  A Public Hearing is scheduled on October 4, 2005 at the Fruitland City Hall.

 

Winter Wonderland Display

Mr. Shea announced that the Salisbury Area Chamber of Commerce has no plans to underwrite the Winter Wonderland display in the Salisbury City Park this year.  Council agreed to contact the City of Salisbury to obtain their interest to undertake the project. Fruitland City Solicitor Andrew Mitchell suggested Council donate a piece of the display to each municipality or Chamber of Commerce in Wicomico County.  The recommendation received favorable response however Council agreed to give it further consideration after contacting the City of Salisbury.

 

Report from Task Force to Curtail Fuel Usage

S. Michael Thompson, Deputy Administrative Director met with County Department Heads to compile a list of additional fuel conservation procedures. The group’s efforts were collected in a report which indicates the County currently pays $2.65 per gallon, which is subject to change as the wholesale price fluctuates. Recommendations in the report were categorized as common-sense solutions; technological procedures and culture of energy conservation.  Mr. Thompson suggests Council review the proposed recommendations, measure the amount of fuel consumption and set a conservation target. Council recognized staff’s continuing efforts to conserve fuel and encouraged that meetings continue to seek out obtainable goals.

 

Caremark Prescription Discount Card

At Wicomico County’s request to meet, Andrew Goldschmidt, Director of Membership/Marketing advised that he is unable to come before Council to discuss the Caremark Prescription card due to time constraints and cost, but did offer to engage in a conference call.  Mr. Shea suggested conducting the call during a work session. Council concurred.

 

Agreement Between The City of Salisbury, Maryland and Wicomico County, Maryland – For the Delivery of Fire, Rescue, Advanced Operations and Emergency Medical Services

Mr. Shea presented the May 2005 draft which he believes has the concurrence of the City of Salisbury and Wicomico County Council members.  In order to move forward Mr. Shea advised Council has to approve the document then forward it to the City of Salisbury for their action. Upon motion made by Mr. Long, seconded by Mrs. Bartkovich and unanimously carried, Council granted approval.   

 

Tri-County Council

Mr. Shea reported, at a recent Tri County Council meeting a proposal to resolve the problem surrounding the lack of assessable restroom facilities at a Shore Transit Salisbury Transfer Station was heard. The State of Maryland, City of Salisbury and Wicomico County would each contribute $5,000 toward a facility.  Notification from the City of Salisbury indicates the City will not contribute $5,000 but has conceptually agreed to reimburse Shore Transit the $2,590 the City receives in fees for parking spaces in the vicinity of the Transfer Station; the City of Salisbury will take official action at its next meeting.  Upon motion made by Mr. Dashiell, seconded by Mrs. Prettyman and unanimously carried, Council voted to contribute $5,000. Mr. Dodd suggested the County and City of Salisbury work together to invest in a permanent public restroom facility for the downtown area.    

 

EDGAR A. BAKER, JR., COUNTY ATTORNEY

 

Public Hearing – Wicomico County Water and Sewer Plan Amendment

A Public Hearing was held for the purpose of amending the Wicomico County Water and Sewer Plan to allow inclusion of sewer interceptor extensions for the City of Fruitland and development of a church.  Sewer extensions are proposed in the northeast and southwest sections of Fruitland.  Allen Memorial Church is proposed at the corner of Snow Hill Road and East Sandy Acres Drive with a projected water and sewer usage of 992 GPD.  The church will be served by public water and sewer from the City of Salisbury.

 

Public Comments

There were no public comments.

 

Council Comments

Mrs. Bartkovich confirmed that the City of Salisbury has capacity. 

 

Upon motion made by Mr. Taylor, seconded by Mr. Dashiell and unanimously carried, Council granted the Amendment.

 

Resolution of Governing Body- Sun Trust Leasing Corporation

Upon motion made Mr. Long, seconded by Mrs. Bartkovich and unanimously carried, Council approved Resolution No. 600 authorizing the execution and delivery of a Master Lease Agreement, Equipment Schedule No. 01, an Escrow Agreement and related instruments and determining other matters in connection therewith.

 

DEPARTMENT OF FINANCE

Statement of Latest Investment Rates/Balances for all County Funds

Patricia Petersen, Director, submitted the Financial Report. Total General Fund balance as of September 20, 2005, $1,024,488. Capital Project Fund balance, $59,385,250; Total Major Non-designated Funds, $81,483,068; and Total Reserve Funds of $8,849,339; expended $2,800 from Contingency for indigent burials.

 

Manufacturing Tax Exemption

Pepsi Bottling Ventures has purchased the assets of Pepsi Cola Bottling Company of Salisbury.  The State granted the new entity a manufacturing exemption and Pepsi Bottling Ventures requests that Wicomico County, Maryland would also grant an exemption.  Upon motion made Mr. Long, seconded by Mrs. Prettyman and unanimously carried, Council granted approval for a manufacturer’s tax exemption to Pepsi Bottling Ventures for the conduct of business in Wicomico County, Maryland

Permits to Operate

Upon motion made by Mrs. Prettyman, seconded by Mr. Taylor and unanimously carried, Council granted permits to operate to:

 

1735 N. Salisbury Boulevard, Salisbury, Maryland 21801, to Shree Lalaji, LLC t/a Best Western Salisbury Plaza, Vinu Patel, for the period beginning June 1, 2005 and ending May 30, 2006, unless revoked sooner.

 

518 Water Street, Sharptown, Maryland 21861-9999, to Norita Ball, Ball Cottage B& B,

for the period beginning June 1, 2005 and ending May 30, 2006, unless revoked sooner.

 

300 S. Salisbury Boulevard, Salisbury, Maryland 21801, to Shreedeep, Inc., t/a Ramada Inn, Jayesh S. Patel, for the period beginning June 1, 2005 and ending May 30, 2006, unless revoked sooner.

 

406 Punkin Court, Salisbury, Maryland 21804, to Jalaram Hospitality, LLC, d/b/a Sleep Inn, Kishan D. Patel, for the period beginning June 1, 2005 and ending May 30, 2006, unless revoked sooner.

 

2615 N. Salisbury Boulevard, Salisbury, Maryland 21801, to KUSH, Inc., t/a Super 8 Motel, Gunjan Patel, for the period beginning June 1, 2005 and ending May 30, 2006, unless revoked sooner.

 

Grass Cutting

In accordance with a gentleman’s agreement to make payments for grass cutting services under $250 without Council approval, Mrs. Petersen reported payment in the amount of $210 for services at 323 Cedar Drive, Salisbury, Maryland.

 

Mrs. Petersen requested permission to pay for grass cutting services, the removal of old appliances and cleanup at 28443 Crown Road, Eden, Maryland in the amount of $975. Upon motion made by Mr. Dodd, seconded by Mr. Long and unanimously carried, Council approved payment.

 

Grant Certification-Willards Volunteer Fire Department

Mrs. Petersen reported, the Willards Volunteer Fire Department has submitted a request for their grant appropriation for full-time paramedics.  According to their letter, Willards utilizes four full/part-time paramedics and a call list of eight.  Willards indicates the department provides more paid hours than any other station in the County with the exception of Salisbury and Delmar; manned twenty-four hours a day.  Ms. Petersen also reported a request from Powellville Volunteer Fire Department for their appropriation.   Upon motion made by Mrs. Prettyman, seconded by Mr. Taylor and unanimously carried, Council granted approval and agreed to pay the full amount for Emergency Medical Technician (EMT) grants, upon receipt of certification from volunteer fire companies certifying coverage.

 

 

Highlights of Significant Financial Transactions

Mr. Ellis reviewed the referenced report citing year-to-date figures for collected and uncollected taxes, investment interest, recordation tax revenue and enterprise account revenues through August 31, 2005.

 

P. RAI SHARMA, DIRECTOR, DEPARTMENT OF PUBLIC WORKS

Northeast Collector

For information purposes, Mr. Sharma reported that the portion of Beaglin Park Drive from Old Ocean City Road to Middleneck Drive will be closed temporarily while the State Highway Administration and the City of Salisbury are working on the intersection of Old Ocean City Road and the City portion of Beaglin Park Drive from Old Ocean City Road toward Route 50.  The road is expected to close within the next 2-3 weeks.

 

Supplement to Wicomico County Construction Standards - Subdivision Storm drain Pipe Installation Requirements

Mr. Sharma recalled that developments throughout the County use heavy-duty polyethylene pipes (HDPE) in culverts, inlets and storm drain systems. Further, that Wicomico County has experienced multiple failures due to poor and/or improper installation of the pipe.  Since there is no resident inspector to monitor installation completely, Mr. Sharma proposed the following: water tight joints for pipe-to-pipe construction; rubber gaskets on pipes at the connection between pipe and inlet; camera test after installation and, in lieu of HDPE use RCP pipe with a rubber gasket in the joints; which may be used without the requirement for a camera test.  Upon motion made by Mr. Dodd, seconded by Mrs. Prettyman and unanimously carried, Council accepted the recommendations.

 

GARY W. MACKES, DIRECTOR, RECREATION, PARKS AND TOURISM

 

Civic Center Parking Lot

Mr. Mackes reported, during parking lot construction at the Civic Center underground fuel tanks were discovered and must be removed according to Environmental Protection regulations; cost estimated at $18,100. The total cost of this budgeted Capital Improvement project was $390,000.  Mr. Mackes requests Council authorize an additional $18,100 to the project.  Mr. Shea advised that any project in the Capital Improvements Budget can be increased up to twenty-five percent if there are sufficient funds in the Contingency Fund to off-set the overrun.  Mrs. Petersen confirmed funds are available.  Upon motion made by Mr. Dodd, seconded by Mr. Taylor and unanimously carried, Council granted approval.   

 

Hurricane Katrina Relief

Mr. Mackes reported that victims of this devastating natural disaster will receive proceeds from a luncheon and silent auction held at the Wicomico Youth and Civic Center, October 6, 2005.  The Salisbury Area Chamber of Commerce will provide for the silent auction and local vendors will provide food for six hundred meals. County employees are willing to donate the labor for set up, serving and cleanup. Council is asked to waive the rental fee for the Civic Center and to allow County employees to volunteer during this workday luncheon.  Council concurred to both requests and expressed their desire to be among the first to volunteer their labor.  Proceeds will be donated to the Red Cross and will directly benefit those affected. WBOC Anchor Jason Newton, who traveled to the disaster area, is the keynote speaker.

 

Horse Park

Mrs. Prettyman called attention to a news article reporting that the State of Maryland has indicated the jurisdiction receiving award of the proposed Horse Park, for which Wicomico County submitted interest, is expected to contribute between 10-30 percent of the estimated $75 to $100 Million Dollar cost to develop the park.  Wicomico County did not receive the award.

 

Bike Week

Council members commented on the success of Bike Week, that the event brought hundreds of bikers through neighboring counties, all without incident. Mr. Mackes agreed this huge event is a fantastic tool to boost the economy and may be looked at in the future as a public-private venture.

 

PUBLIC COMMENTS

There were none.

 

COUNCIL COMMENTS

Mr. Dodd referred to the Minutes of a PRMC/EMS Advisory Committee Meeting reporting a doctor’s conversation with Council President Sarbanes regarding a SWAT analysis for the Wicomico County EMS system; the purpose of which is to review the EMS system and determine any necessary improvements to better serve the citizens. The minutes further suggest that President Sarbanes does not wish to undergo the project but will consider it at a later time.  Mr. Dodd stated he did not recall voting on the issue, that the State offered to evaluate the County’s strengths and weaknesses at no cost to the County and he wished to afford the citizens the opportunity. President Sarbanes asked to have the advisor come back to the County for further review.   

 

Mrs. Prettyman reported a constituents’ concern that the liquor dispensary is expending costs to advertise in the Metropolitan Magazine when there is no competition. She then asked if payments were being submitted to the County on a regular basis. Mrs. Petersen responded the dispensary is submitting quarterly payments however, there appears to be a shortfall in fiscal year ’05; auditors are still reviewing the reports. President Sarbanes suggested asking the dispensary to respond directly to the Council.

 

Mr. Taylor 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. Dodd and unanimously carried.

 

There being no further business to come before the County 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

                                   

                                                            _____________________________________

                                                            Marvin R. Long, District 4

 

                                                            _____________________________________

Larry W. Dodd, District 5

 ___________________________

Theodore E. Shea, II

Administrative Director

 

 

MINUTES OF TUESDAY, SEPTEMBER 20, 2005