Wicomico County, MD
  Council Minutes
October 17, 2006

 

The County Council of Wicomico County, Maryland met in Executive Session on Tuesday, October 17, 2006 at 10:00 a.m. in Council Chamber, Government Office Building, Salisbury, Maryland.  In attendance:  Anthony Sarbanes, President,

Charles R. Dashiell, Jr., Vice President, Edward T. Taylor, Stevie Prettyman,

Gail M. Bartkovich, Marvin R. Long and Larry W. Dodd.

 

President Sarbanes brought the meeting to order.  Council member Dashiell presented a Proclamation to Ray Jackson, Chapter President, National Federation of the Blind, in recognition of White Cane Safety Week.

 

On motion of Mr. Taylor, second by Mr. Long, the Minutes of October 3, 2006 were approved as amended.  Mrs. Prettyman announced that she would not be attending the November 7, 2006 Executive Session, when a Water & Sewer Plan Amendment public hearing for The Orchard project is being conducted. Mrs. Prettyman asked that the public hearing be delayed until the November 21 meeting.  Rai Sharma, Director of Public Works, responded that the public hearing has already been advertised; however, the November 7th public hearing could be held, with a decision being tabled and continued on November 21st, at which time Council would vote.  On motion of Mr. Dodd, second by Mrs. Bartkovich, Council unanimously approved the continuation of the November 7, 2006 public hearing through November 21, 2006.  It was also suggested that the continuation of the public hearing be placed on the County’s website.

 

ADMINISTRATIVE DIRECTOR

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

 

Transfer of Bond Funds: Mr. Shea has been advised by the Finance Director that certain bond fund balances, totaling $690,001, should be moved forward, closing the accounts.

Said funds are to be used to decrease the amount of the recent bond.  Following Council review and by motion of Mr. Long, second by Mr. Dashiell, Council unanimously approved the request as submitted.

 

Appointments to Boards and Commissions:

Board of Electrical Examiners:  On motion of Mr. Long, second by Mr. Dodd, Council unanimously approved the appointments of Robert Frankland, Choptank Electric, as representative of a local electrical utility company; and Richard McGee, McGee’s Electrical Service, as representative for local electrical contractors, to the Board of Electrical Examiners.

 

Recreation Commission:  By motion of Mr. Taylor, second by Mr. Dashiell, Council unanimously approved the reappointments of Messrs. Ed Urban, Bob Janeski and

Jimy Reid as members of the Recreation Commission.

 

 

 

 

 

Request from Wicomico County Liquor Control Board:  On behalf of the members of the Board, Mr. Victor Laws, III has submitted a request for Council’s concurrence to support introduction of legislation to raise the salaries of its members to a level comparable with the Board of License Commissioners.  More specifically, it is proposed that the Chair’s salary increase from its current level of $3,500 annually to $6,000; members’ salary would increase from $2,750 to $4,000 annually. President Sarbanes called for comments or a motion. Mrs. Prettyman stated she does not see the correlation between the two entities, thus she would not support the request.  Mr. Taylor posed the question of the length of time since the Board had received a salary increase.  At Mr. Shea’s suggestion,

Council agreed to invite the Liquor Control Board members to the next Council meeting to discuss the request.

 

Request for Burial Assistance:

Mr. C. Glenn Messick, III, Messick Funeral Home, is requesting financial assistance to help defray the expense of burial for the late Shelton R. Nutter.  Mr. Shea advised that the required documentation has been received from Mr. Messick. On motion of Mr. Taylor, second by Mrs. Prettyman, Council unanimously approved the transfer of $400 from Contingency to accommodate the request.

 

Voter Registration:  At Mrs. Bartkovich’s request, Mr. Shea reminded the general public that 9:00 p.m. this evening is the deadline to register to vote during the November 7, 2006 General Election.

 

Receipt of Petition:  Mr. Shea noted that immediately before Executive Session began, he received a petition that he has not had a chance to review.  He will do so and report to Council.  At Mrs. Prettyman’s inquiry, Mr. Shea stated that he was informed the petition was brought to the Administrative office by Mr. Alan Girard. 

 

Voter registration – continuation:  Mr. Sarbanes and Mrs. Bartkovich added that the deadline for applying and submitting absentee ballots is approaching quickly. Individuals may obtain the application at the Elections office on Bateman Street or online at the County’s webpage or the State Board of Elections website. 

 

DEPARTMENT OF FINANCE

Patricia B. Petersen, Director, presented the following items of business:

 

Financial Report:  Mrs. Petersen summarized the Statement of Latest Investment Rates/Balances for all County Funds report, as follows: 

 

Total General Fund Balance:                 $ 228,000

Capital Projects Fund:                          $61.4 million

Total Major non-designated Funds:       $87.4 million

Total Reserves:                         $16,608,513

Contingency Appropriation:                  $959,600 balance

 

P.I.L.O.T. Program:  Council is requested to approve the annual request for abatement of taxes assessed to Pine Bluff Associates, Lessee, in acceptance of payment in lieu of taxes

(PILOT), based on 40% of the improvements times the tax rate and would equate to

$40,270.50; the tax billing would equal $12,316.84.  On motion of Mr. Long, second by Mr. Dodd, Council unanimously approved the abatement as submitted.

 

Permit to Operate:  Meeting all County criteria and on motion of Mr. Long, second by Mrs. Prettyman, Council unanimously approved a Permit to Operate for Holiday Inn Express.

 

Miscellaneous Items:  Mrs. Petersen advised that the following transaction had taken place:  (1) Powellville Volunteer Fire Department presented a request for its budgeted allocation of EMT funds; (2) Allen Volunteer Fire Company requested and received $51,000 from its Capital Incentive Sinking Fund; and (3) payment of an invoice in the amount of $100 for grass cutting services at 519 Gordy Road, Salisbury.

 

John Ellis, Chief Accountant, presented the Financial Report highlighting significant year-to-date Transactions, including, but not limited to, the following:

 

General Fund:  

            Taxes Levied                            $51,726,643

            % uncollected, current yr.                     32%

Local Income Tax

            Interest/investments                   $ 1,676,971

            Corrections-per Diem                      326,934

                      Billed, not collected               377,331

Total General Fund

            Revenues                                  $54,838,830

            Expenditures                                29,396,578

            Encumbrances                               2,446,064

            Unencumbered Approp.              94,598,706

 

All financial reports are public information and are available to the public.

Ms. Petersen and Mr. Ellis responded to questions regarding the likely trend of declining recordation tax; and the need for Council to resolve the issues surrounding bed and breakfast businesses as it relates to submission of monthly forms and payment of the permit to operate.  Ed Baker, County Attorney added that certain issues must be addressed legislatively.  Mrs. Prettyman stated that the incoming Council should give this matter attention.

 

DEPARTMENT OF PUBLIC WORKS

P. Rai Sharma, Director, submitted the following reports:

 

 

 

 

 

Project Updates

Wetipquin Bridge: A final review conference with State agencies and other interested parties is scheduled for tomorrow (October 18, 2006).  Drawings are being reviewed by the State Highway Administration; Mr. Sharma hopes to advertise the project by the end of the calendar year.  Once construction begins, the project should take 6-9 months to complete.

 

Coulbourne Mill Pond Dam – This project, currently underway, is approximately 45 % complete and ahead of schedule.  It is hoped that favorable weather conditions will enable work to be finished prior to the projected completion date of December.

 

Rewastico Dam – The design has been completed in-house; the department has applied for the proper permit through Md. Dept. of the Environment; the permit should be received within the next two weeks; the project will be advertised soon.

 

Gas to energy project – This project at the Landfill, is on schedule; the company hopes to be operational within six months.

 

Newland Park Landfill – Work continues on two additional cells, which will be needed in the near future. Current cells will last another 5 - 6 months; during that time, the new cells will be advertised and constructed.  Mr. Sharma noted that the two new cells will bring the total number of cells to four.  The Landfill, comprised of approximately 100 acres, has a capacity for ten cells.  The six future cells have a life span of 35 – 40 years.

However, Mr. Sharma is confident that future technology will be applied to the current landfill to keep it viable.  Mr. Dodd asked how leachate is handled; Mr. Sharma said that the facility has 2 one million gallon tanks; periodically, the leachate is transferred to the wastewater treatment plant. 

 

Request from City of Salisbury:  Mr. Sharma has received a request from the City’s Department of Public Works to waive the tipping fee for the disposal of vegetative debris.  He is supportive of the request since the vegetation could be recycled at the County’s facility on Brick Kiln Road, provide the City with relief from the associated tipping fees, save landfill space and hopefully, encourage citizens to recycle.  Mr. Dodd motioned to approve the request, in support of recycling. Mr. Taylor provided a second and Council unanimously approved the request. This was followed by further discussion of the recycling services available in the County.

 

Mr. Sarbanes asked Mr. Sharma to speak with Mr. Jacobs, Director, City Public Works, regarding the septage agreement.  Mr. Sharma stated that during a recent conversation, Mr. Jacobs assured him that he had been instructed to identify a resolution quickly.

Mr. Sarbanes also stated that he would like to see the matter resolved before the sitting Council leaves office.

 

 

 

 

Additional Conversation on Landfill:  Mr. Sharma explained that when a new cell is constructed, clean sand is used as a filter and is relatively expensive at $6-12 per yard.  The Department has received permission from the Maryland Dept. of the Environment to us coal ash as an alternative filter to sand, which would cost approximately $2-2.50 per ton.  The County has an agreement with the Indian River plant to haul the material to specified storage sites.  At Mr. Long’s inquiry, Mr. Sharma stated that the location of the concrete recycling facility would not be used as a cell for another ten years.

 

Further discussion ensued regarding student safety on Morris Street when walking to

and from Salisbury Middle School, the lack of sidewalks on that portion of

East College Avenue, from the Bennett property to Snow Hill Road, as well as steps taken to delineate the curves on Walston Switch Road, from the Airport to Mt. Hermon Road.  Mr. Sharma stated the department has a program to periodically test safety measures on County roads.

 

RECREATION, PARKS & TOURISM

Gary Mackes, Director, reported that a survey conducted by Stafford Consulting Engineers on the Civic Center’s roof in 2002 with the report completed in 2003, has shown that the roof section serving the Normandy Arena will need to be replaced in 2007.  A recent inspection of the roof by Stafford has confirmed its original findings.  

Small repairs have been performed by staff.  The cost of replacing the roof is $1.5 million, including construction, engineering and inspection service.  In conjunction with the restoration plan approved last year by Council, utilizing dedicated fees from hotel room tax, seat tax and a fee for non-admission events, there is a balance of $226,600.

This amount was to be retained in a sinking fund during last fiscal year and the current fiscal year; as of July 2007, the funds could be used for debt service on the entire restoration program; Mr. Mackes estimates this at $2.5 million.  He would like to approach the State for matching funds, for a total $5 million. 

 

 

With all fiscal reports completed for last fiscal year, Mr. Mackes requested to meet with Council on November 21 to discuss an orderly plan for this project. 

 

LEGISLATIVE SESSION

On motion of Mr. Long, second by Mr. Dodd, Council unanimously approved convening the scheduled Legislative Session.  Edgar A. Baker, Jr., County Attorney, conducted the public hearing for Legislative Bills introduced September 19, 2006.

 

While Legislative Minutes as separate and apart from Executive Session Minutes, the Bills are identified as follows:

 

Bill No. 2006-9: AN ACT to amend Chapter 130, titled “Development Impact Fees,” Section 130-6, entitled “Applicability of Development Impact Fees” of the Wicomico County Code, to provide an exemption for age-restricted or senior housing projects. 

Note: Bill amended and adopted

 

Bill No. 2006-10:  AN ACT  to amend Chapter 130, titled “Development Impact Fees, “ Section 130-6, entitled “Applicability of Development Impact Fee” of the Wicomico County Code, to further define, amend and clarify the exemption for affordable housing.

Note:  Bill adopted

 

Bill No. 2006-11:  AN ACT to amend the various Chapters and sections of the Wicomico County Code to assign the duties delegated to the “Administrative Director” and the “County Council” within those Chapters and sections of the Code to the appropriate County Officer, Employee, Department, Office, or Council as a result of the deletion of the position of Administrative Director under the recent adoption of the revised Charter for Wicomico County and the change to an Elected Executive form of government; delete obsolete sections, correct omissions, and establish procedures for acquiring and disposing of county property.

Note:  Bill adopted

 

On motion of Mr. Long, second by Mr. Taylor, Council unanimously approved adjournment of Legislative Session and to reconvene Executive Session.

 

PUBLIC COMMENTS

 

Mr. Sarbanes addressed Mr. Alan Girard, suggesting that Mr. Shea be given the opportunity to review and report on the petition, at which time Mr. Girard would be welcome to make public comment.

 

COUNCIL COMMENTS

 

Mrs. Bartkovich asked Mr. Lenox and Mr. Baker about two annexation notifications given Council and how House Bill 1141 deadlines affects each.  In the instance of the Sassafras annexation, Council had already approved the zoning change under the old law.

Under the new criteria in HB 1141, it also conforms.

 

Mr. Dodd thanked everyone in the audience for their attendance.  At Mr. Dodd’s inquiry,

Mrs. Bartkovich announced that the Board of Education is conducting a meeting at 7:30 p.m. this evening in its auditorium, to receive public input regarding the relocation of James M. Bennett Middle School.

 

President Sarbanes wished to acknowledge candidates Sheree Sample-Hughes,

Kirk Daugherty and Ed Werkheiser.

 

Mr. Sarbanes also wanted to remind the general public that dog owners walking their pets are legally responsible for the clean up of animal waste and subject to a fine if the ordinance is violated.

 

Mr. Sarbanes also thanked John Lenox, Director, Planning, Zoning & Community Development, for his efforts to ensure very positive results from the recent Municipal-County work sessions.

 

Mr. Dodd then motioned to authorize holding a closed work session for the purpose of discussing personnel items.  Mr. Dashiell provided a second and the motion was unanimously approved.

 

The meeting was then 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