Wicomico County, MD
Council Minutes
October 18, 2005
The Wicomico County Council met in Executive Session on
On motion by Mr. Taylor, seconded by Mr. Long and unanimously carried, the Minutes of October 4, 2005 were approved.
Councilman Taylor wished to acknowledge the passing of Liquor
License Inspector Joseph “Little” Sample, who began his part-time career as a
Wicomico County License Inspector in 1979.
This well-known and respected member of the community will be eulogized
on Saturday, October 22nd, at
Theodore E. Shea, II, Administrative Director, presented the following items of business.
Sheriff R. Hunter Nelms – Request to Create New Positions
Sheriff Nelms advised that he reviews the organizational structure of his department on an as-needed basis and, contingent upon changing workloads rearranges responsibilities. Due to significant increases in responsibilities to the Circuit Court, as well as the addition of the Drug and Truancy Courts, the number of Sheriff’s personnel assigned to Court Security requires that the supervisor be a Sergeant. The Law Enforcement Division has been re-organized to divide responsibilities into two separate units. The first unit is the Patrol Group; the second unit is made up of responsibilities other than patrol and designated as Special Operations. The Sheriff requests to management of a 1st Sergeant position to these specialized units. Both positions are created to enhance operational efficiency. All additional costs, estimated at $10,783 annually, can be supported within the Sheriff’s allocated salary budget. Upon motion made by Mr. Taylor, seconded by Mr. Dashiell and unanimously carried, Council approved the requests.
Sheriff R. Hunter Nelms - Vehicle Purchase Order
Sheriff Nelms requested to change the Purchase Order for the
acquisition of three Crown Victorias and eight Dodge Stratus sedans, to one
four-wheel drive and eight Dodge Stratuses. At the time of the order, four-wheel-drive vehicles were not available on the government contract; however, four-wheel-drive vehicles can be purchased through
the State of
Community Donations
Sheriff Nelms wished to acknowledge community support in the form of donations to the department: $3,750 from Tom Ruark toward the purchase of two new explosive detection dogs and, $1,789 from Charlotte Littleton to support the purchase of K-9 uniforms. Upon motion made by Mrs. Bartkovich, seconded by Mr. Taylor and unanimously carried, Council authorized the department’s use of this unanticipated revenue as stipulated by the donor. Sheriff Nelms confirmed the remainder of the money needed for the two explosive detection dogs will come from Homeland Security.
Board of Education for
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 October 2005, in the amount of $12,797, subject to Council approval. Upon motion made by Mr. Taylor, seconded by Mr. Long and unanimously carried, Council granted approval. Mrs. Bartkovich asked for additional information on the proposal for Bennett High School; percentages of shared costs for Wicomico County and the State of Maryland; interpretation of costs relative to replacement of the school rather than a renovation with additions project and, penalties relating to construction. Mr. Ford will research the information however he did point out that the State pays for eligible construction contracts only. The State does not contribute to architectural/engineering fees, construction managers, consultants or equipment.
Ms. Lori Carter, Deputy Director of Planning requested the transfer of Relocation Funds in the amount of $2,842.03, to Project Administration. An amendment to transfer the funds was approved by the Maryland Department of Housing and Community Development, Office of Programs and Regional Development. This is for information purposes and requires no Council action.
Employee Assistance Program
Wicomico
Upon motion made by Mr. Taylor, seconded by Mr. Long and unanimously carried, Council appointed Jeanne Anderton, Cynthia Brubaker MacDonald and Ann Betkowski, for terms of three years, effective 2003-2006; Melanie Mason and Tuesday Trott, for terms of three years, effective 2004-2007. In addition, the terms of Colleen Dallum and Bonita Fassett were extended for an additional year beginning June 2005, terms will expire 2006. (Original terms were not confirmed by the County Council).
Board of Electrical Examiners
Upon motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council re-appointed Peggy Forrester and Kermath Simmons to the Board of Electrical Examiners, for terms of three years.
Girl Scouts of the
Mr. Shea submitted a proposed Resolution on behalf of the Girl
Scouts of the Chesapeake Bay Council, an organization dedicated solely to
serving girls which advances Girl Scouting across the entire
Wicomico Partnership for Families and Children – Local
Management Board
Ms. Beverly Ward, Community Program Coordinator, came before
Council regarding the reapplication of funding for the Weed and Seed Program.
Funded through the Department of Justice, the program has been working with the
Wicomico Partnership/Local Management Board in partnership with the State Fire Marshal’s Office is requesting funds to support a Juvenile Fire Setter Intervention Program that would prevent fires through early intervention services for juveniles who are caught and/or at risk for fire setting. There is no match required by the County. The grant amount is $163,000. Upon motion made Mr. Long, seconded by Mrs. Prettyman and unanimously carried, Council approved.
Director of Human Resources
Mr. Shea recalled the Director of Human Resources resigned
in August 2005 and S. Michael Thompson is currently the Acting Director. Mr. Shea, together with a committee
consisting of Edgar A. Baker, Jr.,
DEPARTMENT OF FINANCE
Statement
of Latest Investment Rates/Balances for all
Patricia Petersen, Director, submitted the Financial Report. Total General Fund balance as of October 18, 2005, $580,237. Capital Project Fund balance, $51,556,532; Total Major Non-designated Funds, $74,191,997; and Total Reserve Funds of $8,856,158; $8,200 expended from Contingency.
Permits to Operate
Upon motion made by Mr. Dashiell, seconded by Mr. Taylor and unanimously carried, Council granted the following permits to operate:
Country Inn and Suites, Bakulesh H. Patel, Owner, permit to
operate at
OM SIA, Inc., Economy Inn, Kenny Soni, Owner, permit to
operate at
Whitehaven Bed and Breakfast, Maryen R. Herrett, Owner, permit
to operate
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 September 30, 2005.
Mrs. Prettyman
recalled that she asked for definition of a bed and breakfast (B&B),
clarification of whether the person who owns the B&B must reside in
the same house, whether each of the three B&B facilities in the County are
consistent by definition and wants to ensure that newly established B&B
facilities are consistent with what is required in Wicomico County.
Director of Planning Jack Lenox stated the Zoning Code definition first appeared
in the Code in the summer of 2004; prior to that there was not a strict
definition. Therefore, the current provision would be applicable to newly
established B&B facilities. Uses established legally under the prior
code, though not strict by definition, are considered legal nonconforming.
Mr. Lenox stated under the new definition, only one application has
been submitted and the proprietor chose not to exercise the approval.
P. RAI SHARMA,
DIRECTOR, DEPARTMENT OF PUBLIC WORKS
Various
Nutters Crossing: Repairs completed on this winter damaged
road (from Snow Hill to
Drainage Projects:
A number of small drainage projects are being addressed throughout the
County from the Public Works Operating Budget (Construction Funds). Currently
the department is working in the Woodlawn area of
Sun Trust Leasing Corporation
Upon motion made Mr. Long, seconded by Mr. Dashiell and unanimously carried, Council approved a Resolution No. 60l, Resolution Authorizing The Execution and Delivery Of A Master Lease Agreement, Equipment Schedule No. 02, An Escrow Agreement, and Related Instruments, and Determining Other Matters In Connection Therewith.
Hearne Annexation
Mr. Baker recalled at its October 4, 2005 meeting the County Council
rescinded its zoning approval for the Hearne Annexation, which had previously
been approved on
June 4, 2005 and since this action, Council members,
developers and their counsel have questioned the legality of the Council’s
action. Mr. Baker stated his Opinion addressing the issue and marked
Attorney-Client Privileged had been provided to Council and as this may result in
litigation, would not want to publicly discuss the details of his
research. Mr. Baker then briefly
outlined the process for considering annexations involving requests for
approval of the proposed zoning classification. Mr. Baker suggests the Council
can rescind its previous action under certain circumstances. However, based on the circumstances present
in this case, Mr. Baker opined that if the Councils’ action is challenged there
is a substantial possibility that the court will overrule the decision. Mr.
Baker then asked Council how they wished to proceed. Mrs. Prettyman
suggested deferring action due to the absence of Councilman Dodd, since he was
present for the original vote.
Mr. John Seipp, Esquire, came before Council on behalf of
CDW Salisbury, purchasers of the property in question. Mr. Seipp stated the Council’s action is a fairness
due process situation. He agrees with the chronology of the County Attorney,
that he does not think the Council was aware of all the background in the
aftermath of the vote on June 4th; the Council had the Planning
Commission’s recommendation, had discussed traffic impacts and accesses,
potential effects on the sewer and water system, impact of the project to
public schools and following these discussion, unanimously agreed to accept the
Planning Commission’s recommendation to provide the zoning classification
needed to move the project forward and to make it economically viable. As Mr.
Baker indicated, the City of
Councilman Long shared that following the June 4th
vote he attended a School Building Commission meeting where the discussion
concerned overcrowding in all but one school in
Acknowledging there are pros and cons of the Revenue Cap,
President Sarbanes expressed his concern that the County addresses a revenue
source and, that a Rate Cap would be considered. He, too, would encourage developers
to become part of the solution to growth. Mrs. Prettyman asked if the process
at this point would void the annexation completely. Mr. Baker responded that, he
had not researched this and is not certain whether the annexation would be
considered void or voidable however, the City of
PUBLIC HEARING
NOTICE IS HEREBY GIVEN in compliance with Article 25,
Section 171, of the Annotated Code of Maryland that the County Council of
Wicomico County, Maryland will hear public comment on the petition, report and
proposed creation of the Texas Road Public Watershed Association. The proposed Watershed Association includes
properties on the east and west sides of Texas Road, County Road 336, more
completely described as follows: ALL those lots, tracts or parcels of land
situated, lying and being in the Westside Election District (Election District
No. 15, formerly #12 and #3) and on both
the east and west sides of Texas Road, from the intersection of Old School
Street and Texas Road running north approximately 3,200 feet and extending west
of Texas Road to Dunn Creek (the outlet) and State Highway 349, commonly known
as Nanticoke Road; extending east to the eastern boundary of those properties
fronting Texas Road; said area
consisting of 206.04 acres and encompassing lands owned by twenty-seven (27)
property owners as listed on the petition, all as shown on the Plat herein
above referred to. More particularly
shown as Parcels 7-11, 87, 179, 180, 202, 264-269, 311-313, 315, 318-320, 335,
338, 408, 430 on Tax Map 53 and Parcel 242 on Tax Map 63.
Messrs. Michael Sigrist and Dick Parsons, Wicomico Soil Conservation,
came before Council for any questions.
Public Comments included Dorothy Egliston, Charles Tull and Ralph Elsey
who spoke in favor of establishment of the Texas Road Public Watershed and,
Paul Wilber, Esquire,
on behalf of Richard Insley and Dorothy Ansel, who voiced concern over
costs, maintenance and management and David Dayton, who addressed the comment
regarding dammed property, that he was not aware of that particular situation.
Mr. Sigrist confirmed the proposal does not include the construction of new
ditches unless absolutely necessary; existing ditches will be used. Mr. Sharma stated that over the course of time
ditches have not been maintained; that it is the responsibility of the county,
state or municipality to maintain ditches along their highways and byways but
ditches outside their scope have to be maintained by private property
owners. Mr. Sharma told Council that he
encourages participation by property owners and a group that wants to establish
a public watershed to address a drainage problem in their area is commendable.
Council Comments: Mr. Taylor
sees the problem as one to be resolved by Council.
Mr. Long asked if the property had ever been properly drained and who
determines the benefit. Mr. Sigrist confirmed the ditches had not been
maintained and that the Board of Viewers determines the benefit. Mrs. Bartkovich referred to her research
regarding the Deer Harbor Public Drainage Association, which reflected that the
permitting process was very involved and did not always allow the maintenance
to occur. Following discussion, upon
motion made by Mr. Taylor, seconded by Mr. Long and unanimously carried,
Council approved the establishment of the Texas Road Public Watershed
Association.
PUBLIC COMMENTS
Mary Ashanti, NAACP President, expressed that growth in the County
needs to address school capacity and other infrastructure, that she agrees developers
need to be part of the solution, that the City of Salisbury and Wicomico County
must work together for the betterment of all and that she agrees the Revenue
Cap must be removed but in order to do so, the community must make the
decision, then act upon it.
Karen Basile, resident, told Council she has reached the pinnacle of a
fixed income but is not yet receiving Social Security however those who are
will receive a 4% increase next year; she expressed the irony of
Kenneth Holland, resident, suggested the County re-open and utilize
closed schools. He also shared that because
As a final action of the Executive Session, Gary W. Mackes came before
Council.
Gary W. Mackes, Director of Recreation, Parks, Tourism
Charles Rousseau, Civic Center Manager, presented highlights of the
2005 fiscal year: Top-flight entertainment grossed over $1.5 million in
sales from 72,437 tickets sold; a reduction of the tax appropriation required
to balance the Center’s budget was decreased from $350,000 five years ago to
$64,397, an 83% decrease. The Center is approximately 95% self-sustaining and
is considered among the most efficient in the country when compared to venues
of similar size. A major emphasis was
placed on promoting the
Wicomico Youth and Civic
Center - Shore Energy System Proposal
At its last meeting Council heard a presentation from Pete Bubas, Shore Energy System, who proposed a lease purchase agreement to improve lighting and other steps of efficiency in the building. The cost to undertake the project is $129,860, (utilizing a budgeted appropriation of $23,000 would reduce the cost to $106,860). The project would result in a 23% reduction in energy consumption, equivalent to $27,452 annually. Mr. Mackes stated that the Recreation Commission has reviewed the plan and requests that Council approve a lease/purchase agreement with Shore Energy Systems. Upon motion made by Mr. Taylor, seconded by Mr. Long and unanimously carried, Council approved.
Mr. Dashiell then motioned to authorize a closed work session for the purpose of discussion of contract negotiations; the motion received a second by Mrs. Prettyman and was unanimously approved.
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Anthony Sarbanes, President
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Charles R. Dashiell, Jr., Vice Pres.
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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