Council Minutes
The County Council of Wicomico County, Maryland met in
Executive Session on
President Sarbanes brought the meeting to order. On motion of Mrs. Bartkovich, second by Mr.
Dashiell, the Minutes of
ADMINISTRATIVE DIRECTOR
Theodore E. Shea, II brought the following items of business before Council:
Circuit Court – A.D.A. Ramp: The Circuit Court is prepared to commence with the construction of the handicapped ramp and is now requesting the transfer of $75,929.92, which had been previously reserved by Council. On motion of Mrs. Prettyman, second by Mr. Dashiell, Council unanimously approved the request.
Mr. Dodd referenced a power outage during a recent City Council meeting and asked if specific lighting deficiencies had been addressed. Mr. Shea responded that emergency lighting has a life span of approximately 90 minutes, sufficient time to allow evacuation of the building; however, additional lighting has already been installed.
Enterprise Zone:
Update on
Facility: Mr. Shea referred to a prior
work session whereby Council questioned the status for use of the former
Mr. Devenyns stated that upon completion of minor modifications, the facility would be operational within two to three weeks and would not require additional fencing. He also stated that it is a matter of hiring personnel, a process underway. Mrs. Prettyman asked if the facility would require the same personnel; Mr. Devenyns stated that 18 personnel are still needed. At Mr. Taylor’s inquiry, Mr. Devenyns stated the maintenance position would entail approximately 20 hours per week at the Detention Center Annex.
Mrs. Prettyman said the initial goal was to eventually house
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Winter Conference: Mr. Shea reminded Council that the MACo Winter Conference is approaching. Staff needs to know the number of individuals planning to attend.
IT Agreement: Mr.
Shea brought attention to an agreement involving the County, City of
(the agreement has been reviewed by the
Council then unanimously approved the amended Agreement.
Appointments to Vacant Positions: Mr. Shea submitted his recommendation that
the current Deputy Administrative Director, S. Michael Thompson, be appointed as
Human Resources Director. Likewise, Mr. Shea stated that he has designated
Frederick C. Harris as Acting Deputy Administrative Director, until it has been determined whether the position would be filled. It should be noted that Mr. Harris would continue his responsibilities as Purchasing Agent. Mrs. Prettyman stated that Council might consider holding a discussion as to whether the Deputy Administrative Director would be filled; during the previous meeting, she had made the suggestion that the position remain vacant. Mr. Sarbanes responded that the position is vacant; in effect, Mr. Harris would be performing additional duties. Mr. Shea explained that filling the position would depend upon the level of activity within the department; there are times it is necessary to have a Deputy Administrative Director is necessary. Mr. Dodd supported keeping the position vacant, with Mr. Harris serving as the Acting Deputy.
DEPARTMENT OF FINANCE
Patricia B. Petersen, Director, submitted the Contingency Report, reflecting a balance of $966,800.
Nuisance Abatement Billing: Mrs. Petersen also submitted a request to pay for Nuisance abatement services at multiple properties, in the amount of $1108.75. By motion of Mr. Long, second by Mr. Dashiell, Council unanimously approved payment of the billing stated above.
General Obligation Bond Resolution: In summary, the Resolution authorizes the
County to provide issuance and sale, upon its faith and credit, of $8,525,000
aggregate principal amount, to be designated “Public Improvement Bonds of 2005,
Second Issue” and to be dated
On motion of Mr. Dashiell, second by Mr. Taylor, Council unanimously approved the Resolution as submitted.
DEPARTMENT OF PUBLIC WORKS
P.
Subdivision Plat Review
Name: subdivision for Hall DPW No. 29-05
Location:
Applicant: Doug Jones
Owner: Pamela Hall
The Applicant proposes to subdivide an existing 3.58 acre
parcel into two lots; both proposed lots would front and have access on
Following review, the Department of Public Works recommends approval of this subdivision by the Planning Commission, subject to the following conditions:
1) the final plat shall comply with subdivision and Forest Conservation regulations;
2) Health Department approval is required; 3) a fifty percent set-aside shall be established by both deed and plat; 4) a 50 ft. Flood Protection setback must be established on this property along Quantico Creek. Following review, Council concurred with the recommendation and all conditions.
Bid Award: On motion of Mrs. Prettyman, second by Mr. Taylor, Council unanimously approved award of bid in the amount of $57,499, to Somerset Marine, for the Tony Tank Dam Lining project. Upon Mrs. Bartkovich’s inquiry, Mr. Sharma assured Council that this project would not impact area traffic.
Miscellaneous
Mr. Sharma advised that the Department would be issuing billings to property owners at King William’s Court, as the result of repairs that were required, but not addressed by the subdivision’s Homeowners’ Association.
Mr. Sharma, in response to an inquiry by Mr. Long, gave a brief slide presentation
highlighting conflicts of responsibility for maintenance of
specific roads and streets between the City of
Mr. Sharma brought to light the issue of a property owner whose property is in the County, having been denied access to a City road from that property. Mr. Sharma stated he does not know of any law or ordinance that allows this.
President Sarbanes wished to recognize Delegate Rudolph Cane and former Council member Henry Parker, in the audience.
BOARD OF ELECTIONS
Mrs. Bartkovich, on behalf of the Council, presented a resolution in recognition of
Mrs. Ritter being chosen as the 2005 Elections Official of the Year- State of Maryland.
Delegate Cane reiterated that elections should not be taken for granted and encouraged advertising these changes in elections precincts as soon as possible to obtain the best results.
SHORE TRANSIT/TRI COUNTY COUNCIL
Rob Hart, Transportation Director of TCC, briefed Council on
the application for public transportation grant monies for fiscal year
2007. Mr. Hart added that, as required
by the State, a public hearing would be
held on
This region is eligible to apply for operating funds in the
amount of $1,947,688 and requests a $271,000 local match from
In addition, the Tri-County Council is requesting funding for two large replacement vehicles, two small replacement vehicles, maintenance equipment and demand response software, totaling $674,000; this would require a local match of $22,466.
Mr. Hart responded to specific questions from Council
regarding the deadline for submission of the application to the State,
capacities for buses, as well as the amounts being funded by
Mr. Hart also addressed the necessity to reduce funds and services in the Salisbury Urban Area, to the $150,000 level. Once again, Council members agreed the funding issue would be a worthy item of discussion with the Lower Shore Delegation.
At Mr. Hart’s request and by motion of Mr. Dodd, second by Mr. Taylor, Council approved local support at the requested levels by a vote of six ayes and Mrs. Prettyman voting “no” to commitment of increased funding levels at this time.
PUBLIC HEARING – DEPARTMENT OF PUBLIC WORKS
John Redden, Deputy Director, conducted a public hearing for
an amendment to the Wicomico County Water and Sewer Plan, allowing inclusion of
one commercial development and one residential development. Several commercial buildings including the
Bank of Delmarva, are proposed at the corner of
Mr. Sarbanes called for public comments, however, there were none.
Calling for Council comments, Mrs. Prettyman asked if Council is assured that the required capacities exist. Mr. Redden responded that both municipalities have submitted letter confirming that there are sufficient capacities for services. Mrs. Bartkovich stated that while these projects are small, there probably are much larger projects that would require amendments. Mrs. Bartkovich also referred to the fact that Mr. Pusey, Salisbury Public Works, had met with Council and stated that the City was developing a monitoring system to track sewer capacity, anticipated to be completed within three to six months and would be shared with the County; to date, this has not been received.
Mrs. Bartkovich also referred to two draft documents on the State’s Maryland Dept. of the Environment webpage dealing with water and wastewater capacity; MDE is accepting comments on the drafts through November. Mrs. Bartkovich also referred to a section of the MDE wastewater capacity plan dealing with subdivisions plats, stating that
“A state or local authority may not record or approve a
subdivision plat unless any approved facility for conveying, storing or
treating water, sewage or solid waste to serve the proposed development would
be 1) completed in time to serve the proposed development and 2) adequate to
serve the proposed development once completed, without overloading any water
supply systems, sewage system or solid waste acceptance facility.” She suggested that in the future, Council
needs much more information from the City when a
Mrs. Bartkovich said she believes the County needs more communication with the City about these questions and concerns.
Mr. Long asked if it is feasible to ask a municipality to submit some sort of certification that would be submitted with the request for the Water & Sewer Plan amendment.
Mr. Sharma responded that these concerns have been raised before and is one of the reasons the State has placed the draft recommendations on its website. He added that many municipalities are hesitant to support the State recommendations because of the necessity to commit to and reserve capacities for specific developments that may be reduced due to future market trends. Agreeing with Mrs. Bartkovich, Mr. Sharma reiterated that the County needs confirmation from all municipalities that such services are or would be available to subdivisions being built or expanded. Mr. Sharma also referenced the question raised recently as to the County’s legal obligation when approving Water and Sewer Plan amendments, should the municipality find itself unable to provide the services. Mr. Long suggested that an “encumbrance procedure” similar to that used by procurement offices, be considered. It was agreed upon that only the County Council has the authority to require the certification document. County staff will draft a document for Council approval.
Mr. Dashiell stated that once again, it is important to define where this certification is requested in the process of the development; currently, it is always the last step in the process before Council is expected to review for approval. Mr. Dashiell stated it would be much better if such a decision is made in the beginning of the development process.
Mr. Sharma agreed this has been done, but there is still the
question of the certification requirement.
Mr. Taylor, while in general agreement, stated that future requirements
should not affect the subject of today’s public hearing and motioned to approve
the request. Mrs. Bartkovich stated that
her concerns were directed toward future decisions, not for today’s
decision. Mrs. Prettyman asked if Mr.
Pusey could be asked to return to Council; Mr. Sharma reminded Council that Mr.
Pusey would not be able to do this until authorized by the City of
President Sarbanes then called for a second to Mr. Taylor’s motion, which was provided by Mrs. Bartkovich and received unanimous approval.
PUBLIC HEARING – LEASE AGREEMENT
Mr. Shea conducted the following public hearing: Notice is hereby given in compliance with Section 22-2(G) of the Wicomico County Code, that the County Council will hear public comment on a proposed resolution to consider a Lease Agreement between Wicomico county and Robert B. White, Evelyn H. White, Deborah W. Poole and George H. White, doing business as White Realty, in which wicomico county would lease an area consisting of 1250 square feet on the premises known as 132 East Main Street, Suite 100, for a term of one year with the option renew or extend the initial term of the Lease Agreement. The premises would serve as the office for the Local Management Board’s
SIT/TEEN program, funded through the State of
Dr. Eileen Matlack was present to answer any public comments, however no comments were received.
Calling for Council comments, Mr. Taylor expressed his
support for this program and motioned to approve the lease agreement. Douglas Devenyns, Director, Dept. of
Corrections, also commented on the LMB program designed for inmates and their
children. Mrs. Prettyman asked if there
is any room at the former
PUBLIC COMMENTS
Messrs. William Caine and Don Sorrenti, Vice President of Fox Chase Homeowners’
Association, came before Council to express their concerns about vandalism taking place in their development. Mr. Caine shared pictures of damage incurred in the common area and in residents’ yards. Mr. Sorrenti also reviewed a summary of incidents since 2004.
Both gentlemen stated that while the
COUNCIL COMMENTS
Mrs. Prettyman stated that the Daily Times, local newspaper, has challenged twenty businesses to donate $1,000 each to cover the costs of the Winter Wonderland holiday display and stated she would like the County to donate $1,000, also. It is unknown at this point whether there has been any positive response. Mr. Dodd and Mr. Taylor both said they could support Mrs. Prettyman’s request. Mrs. Prettyman motioned to donate $1,000; the motion received a second by Mr. Taylor and was unanimously approved. At Mrs. Bartkovich’s inquiry, Mr. Shea advised that the display is housed at the Public Safety Complex. The display has been set up by County employees in the past, but it should be noted that it is now beyond the time to set up for this year.
Mrs. Prettyman asked for clarification about Mr. King Burnett’s letter to Mr. Jack Lenox, asking for Planning and Zoning’s assistance to a new Greater Salisbury Committee Task Force addressing growth issues. Mr. Lenox stated that his department responds daily to many requests from citizens’ groups, organizations, etc. Mr. Lenox intends to meet with this new group to determine their expectations and to keep communications open, but ultimately, would take Council’s direction on the matter. Mrs. Prettyman asked if there are duplications of effort; Mr. Lenox said there were, but the Department would help coordinate so duplications would be minimized. Mrs. Prettyman wished to make sure it is understood that these citizens groups have not been appointed by Council. While the County is responsive in the spirit of cooperation, Mrs. Prettyman is concerned about duplication of efforts. Mr. Long said the Greater Salisbury Committee has a history of addressing local issues, which is their original purpose and encourages cooperation with them.
Mr. Taylor announced that he, Mayor Tilghman, Linda Hardman
and Dr. George Whitehead would be traveling to
With no further business to be discussed and by motion of Mr. Dodd, second by
Mr. Dashiell, Council unanimously approved adjournment of Executive Session.
Minutes of
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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