The County Council of Wicomico County, Maryland met in Executive Session on Tuesday, October 21, 2003 in Council Chambers, Government Office Building, Salisbury, Maryland. In attendance were Anthony Sarbanes, President; Charles R. Dashiell, Vice President; Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich, Marvin R. Long and Larry W. Dodd.
Council President Sarbanes brought the meeting to order and called for any additions or corrections to the October 7, 2003 Minutes. Hearing none, on motion made by Mrs. Prettyman, seconded by Mr. Dashiell and unanimously carried, the Minutes were adopted. Corrections to the Legislative Minutes of October 7 were offered and on the advice of the County Attorney, were held to the next Legislative Session, October 27, 2003.
TEACHER OF THE YEAR FOR WICOMICO COUNTY AND THE STATE OF MARYLAND. Mr. Aaron Deal, joined by fellow Board of Education staff Donna Donohoe, Director of Middle and High School Education, and E. Bruce Ford, Comptroller, received a Letter of Excellence from the County Council in recognition of his accomplishments as Teacher of the Year for Wicomico County and the State of Maryland. Mr. Deal shared a portion of personal experiences relating to his initial lack of interest in succeeding as a student paralleling his challenge to educators to not accept what you “see” as the final destination for a student. Having received many accolades for his accomplishments, Mr. Deal attributed his success to the educational process in Wicomico County; that providing students with the right resources and structured environs equals success.
ADMINISTRATIVE DIRECTOR
Mr. Theodore E. Shea, II, submitted the following items for Council’s consideration and action:
Appointment: The Wicomico County Commission on Aging reports that two members whose terms expired in September have agreed to serve a second three-year term, Sharon Engster and Elisabeth Orchard. On motion made by Mr. Long, seconded by Mr. Dodd, and unanimously carried, Council approved the reappointments as submitted.
Appointment: The terms of James Jackson, Frank Tobat and Ernest Olds as members of the Wicomico County Historic District Commission expire in 2003. Accompanying the notice was recommendation to reappoint these incumbents. Council directed that a Public Notice of interest to serve the Commission be published, which resulted in two letters of interest, Maryen Herrett and Timothy Brown. On motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, Council reappointed the incumbents; James Jackson, Frank Tobat and Ernest Olds, as recommended. Mrs. Prettyman expressed appreciation for the interest of Ms. Herrett and Mr. Brown in serving the County in this capacity.
Board of Education: The Board wished to make transfers between the major categories of its Annual Budget for Fiscal year 2003-2004 for the month of October 2003, in the amount of $26,180. On motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, Council granted approval.
Manufacturing Tax Exemption: Millennium Microwave located at 319A South Division Street, Fruitland, Maryland requests a manufacturing tax exemption on machinery and equipment used in the conduct of business in Wicomico County. Mr. Shea noted the letter is dated September 24, 2003 however the Administrative Office received the letter on October 6, 2003. Since the envelope was not kept there is no way to confirm the letter was actually received prior to the County deadline for such requests, October 1st. Therefore, Mr. Shea recommended Council grant the exemption contingent upon the company receiving State certification. Mr. Long motioned to grant the exemption. Mrs. Prettyman asked that the motion be amended to make it contingent upon State certification. The motion was amended by Mr. Long, seconded by Mr. Dashiell and unanimously carried.
DEPARTMENT OF FINANCE
Financial Report: Mr. John Ellis, Chief Accountant, presented the Statement of Latest Investment Rates/Balances for All County Funds and Highlights of Significant year-to-date transactions. The Room Tax Collection Report shows no new delinquent accounts however Council is reminded that two accounts are still outstanding, one in bankruptcy and the other in litigation.
Mr. Ellis also requested approval of two permits to operate, Kush, Inc. t/a Super 8 Motel and Traveler Motel, both have met permitting process criteria. On motion made by Mr. Taylor, seconded by Mr. Long, and unanimously carried, Council approved the permits to operate for: Kush, Inc. t/a Super 8 Motel, for the period beginning June l, 2003 and ending May 30, 2004, unless revoked sooner and Traveler Motel, for the period beginning June l, 2003 and ending May 30,2003, unless revoked sooner. Permits are revocable by the County Council of Wicomico County, State of Maryland, for cause, after notice and hearing.
Payment for Contracted Service: In the process of enforcing the County’s Nuisance Abatement Ordinance, Mr. Ellis requested approval to pay for contracted grass cutting services at 301 Ellendale Circle, payable to Chesapeake Services in the amount of $165 and Todd Shelly for services at 30234 Mallard Drive, in the amount of $100. On motion made by Mr. Dashiell, seconded by Mrs. Bartkovich, and unanimously carried, Council granted approval. The County will place liens on the properties in the amounts charged for service.
PUBLIC WORKS
Mr. P. Rai Sharma, Director, gave the following updates:
North East Collector: Beaglin Park to City Limits- approximately eighty-percent complete. Anticipate application of base coat on the road before the blacktop plant closes in December. The State Highway Administration (SHA) has not confirmed a traffic signal however Mr. Sharma’s suggestion is to allow right-in and right-out traffic and to continue entrance from Shamrock Drive.
Morris Road: Widening in progress, on completion determine re-grade and base coat application before winter months.
Access Road to West Nithsdale: Excavation needed on three portions of the road, should be completed as of this date.
Woodlawn Drainage Project: The project is in its second phase. Experienced a slight setback with utility companies however work is on target and progressing. Anticipate stabilizing the road before the winter months, blacktop in the spring.
Wetipquin Bridge: Contract drawings forwarded to (SHA) State Highway Administration. SHA recommends the County use pre-cast, pre-stressed concrete rather than wood to ensure longevity. Mr. Sharma suggested, in keeping with the character of the community, to use pre-cast, pre-stressed concrete for the bridge, but wooden railing. On motion made by Mrs. Bartkovich, seconded by Mr. Long, and unanimously carried, Council accepted Mr. Sharma’s recommendation.
Upper Ferry Repairs: Awarded contract to George and Lynch, permit in hand. Although the contractor suggests construction begin in April 2004, Mr. Sharma recommends September 2004 to avoid possible conflict with the construction of ramps on the Somerset County side of the Whitehaven ferry during these months. Mr. Sharma told Council he did not want to have both ferries closed at the same time. Council concurred.
Hurricane Isabel: November 18, 2003 is the deadline for submitting restoration claims in Wicomico County. Applications may be obtained directly from (FEMA) Federal Emergency Management Agency. Residents may also contact the Public Works department for assistance in completing the application.
Beaglin Park Drive: Mr. Sharma reported a request from Mr. and Mrs. Woody Farlow who wish to know if Wicomico County is interested in selling surplus property between Ocean City Road and Norfolk Southern Railroad. He explained the process by which the County would sell the property, which requires a Public Hearing. Mr. Sharma then requested permission to enter negotiations with the landowners based on appraisal value of the property. Council granted permission.
Melson Road: Project complete, water flowing properly.
Foxwood Drainage Problem: Work completed.
OFFICE OF THE SHERIFF
Sheriff R. Hunter Nelms announced the Sheriff’s Office and the Wicomico County Council received recognition from the National Committee for Employer Support of the Guard and Reserve, as a patriotic employer. Corporal Jeff Rantz, Sergeant Carsten Wendlandt and Deputy First Class Matthew Jones of the Sheriff’s Department are currently serving in Iraq.
DRILL Academy (Discipline, Respect, Integrity, Learning and Leadership): Sheriff Nelms announced the acceptable completion of three DRILL Academy facilities. He explained that while these modular designed buildings were put in place during extreme weather conditions, noted problems have been addressed to the satisfaction of Captain Robert VanMeter, and Davis, Bowen and Friedel, the architects hired by the County. While Captain VanMeter will continue to address other issues pertinent to the operation of the facility, the structure is ready to receive candidates. On the advice of the County Attorney that the Certificate of Substantial completion is granted by the architect not on the acceptance of Council, Sheriff Nelms then requested Council’s endorsement to receive the first class of candidates. On motion made by Mr. Dodd, seconded by Mr. Taylor, and unanimously carried, Council authorized accepting the building and moving the project forward. On behalf of the Board of Education, Bruce Ford, Comptroller, asked the status of the Inter-Governmental Memorandum of Understanding between Wicomico County and partnering counties, to which Mr. Baker responded is still being reviewed.
Sheriff Nelms called attention to grant funds available through Homeland Security and suggested using same to defray overtime costs to retain the presence of deputy security at the Salisbury-Ocean City: Wicomico County Regional Airport. Submitting estimated cost figures, Sheriff Nelms projects a shortfall and suggests meeting with Airport Commission Members for further discussion. Council concurred and directed Mr. Shea to arrange the meeting.
Annexation: In accordance with Article 23A, Section 19 of the Maryland Code, Wicomico County has received notification from the City of Salisbury of an annexation petition for Merritt Mill Road – Moore Property. Mr. Shea informed Council that Palmer Gillis, Gillis Gilkerson, Inc. has written a letter regarding the Planning Commission’s intent to forward a recommendation to the Council to close an unused portion of road at the easterly end of Belmont Avenue. Mr. Gillis’ letter indicates his agreement with the decision together with a request that the right-of-way be deeded or conveyed to Gillis Gilkerson, Inc., at the earliest convenience. Mr. Sharma told Council the letter was received in his office, that it would be shared with various agencies for their review; Sheriff, 911, fire and the Planning Commission, and on return of pertinent information the next step would be to move to public hearing.
Autumn Wine Festival: The County Council is invited to the Autumn Wine Festival, sponsored by the Department of Recreation, Parks and Tourism, November 1st and 2nd, Pemberton Historical Park.
PUBLIC HEARINGS:
NOTICE IS HEREBY GIVEN, in accordance with the provisions of Article V, Growth Allocation: Classification Changes, Section 125-29 of Chapter 125, Critical Area Resource Protection of the Wicomico County Code, that an application has been filed for Growth Allocation as a Map Amendment by John A. and Christine Murphy Richardson, Twin Pines Subdivision, for property formerly known as Lot 3A, Block “A”, Re-subdivision - Lands of John A. and Christine Murphy Richardson, and located on Tax Map #35, Parcel 5, for a proposed Sewage Reserve Area within an existing Resource Conservation Area, requesting 0.60+/- acres of Growth Allocation and Map Amendment to Limited Development Area.
Mr. Matt Hedger, Planner, Planning, Zoning and Community Development, explained to Council that although the applicant’s request is within the Chesapeake Bay Critical Area they would be locating the home site outside the Critical Area. According to the Health Department the only soils suitable for septic systems are located within the Critical Area. The request has received favorable recommendation from the Planning Commission and the Wicomico County Chesapeake Bay Critical Area staff has determined that all qualifying criteria have been met. The Planning Commission’s conditions of approval:
1. The applicant must obtain final approval for Growth Allocation from the Wicomico County Council and Chesapeake Bay Critical Area Commission prior to the disturbance of any land.
2. Subject to further review and approval of the Chesapeake Bay Critical Area Law.
3. Subject to further review and approval of the Department of Public Works.
4. Health Department approval is required prior to the recordation of the final plat.
5. All requirements of Chapter 200 Subdivision Regulations of the Wicomico County Code must be met prior to final award of Growth Allocation and Final Subdivision approval.
6. Lot 3A shall be subdivided into two separate lots; one of which can not be further developed and created by establishing lot lines around the pipestem and septic reserve area.
7. A note shall be placed on the final plat requiring the use of enhanced septic technology and to perform the required maintenance on such a system to ensure proper functioning for the new dwelling.
8. A development envelope within the Chesapeake Bay Critical Area shall be established totaling 0.60 acres rather than the minimum of 0.33 acres.
Hearing no objection or protest, on motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, Council approved the request.
NOTICE IS HEREBY GIVEN, in compliance with Section 22-2(G) of the Wicomico County Code, that the County Council of Wicomico County, Maryland will hear public comments on the proposed resolution to enter into a Lease Agreement with the Wicomico County Health Department for the following described property: an area consisting of 1562 square feet, more or less, located within the Wicomico County Courthouse, designated as the basement office space formerly occupied by the Wicomico County Board of Elections. The aforementioned property is to be leased to Wicomico County Health Department for an initial term of eight months at an initial monthly rate of $833.33 per month for the initial term. It is anticipated that said property would be used for the daily operation of the Health Department Psychiatric Rehabilitation Program.
The Honorable Judge Donald Davis and Mark Bowen, Clerk of Court appeared before Council in opposition of the proposed rental. Historically consulted on matters pertinent to the Courts Judge Davis stated, neither the Clerk’s Office nor the Court was notified of the availability of space. Further, explaining the condition of housing records in the Clerk’s Office due to limited space, Judge Davis told Council retaining current files is kept to a minimum causing staff to do research in other areas of the building; records are kept in four different areas. With no room for expansion in the Courts Building, Judge Davis opined the area to be a perfect location for use by the Courts. He offered that Mr. Bowen has not had time to analyze the most efficient use of the space however the area could be used by the Civil or Criminal Divisions. In addition, while he is unaware of the planning stages for the Health Department, Judge Davis believes that housing non court-related agencies in the Court House is not in the Court’s best interest. Mr. Bowen and The Honorable Alfred T. Truitt, Retired, joined their colleague’s concerns. Judge Truitt shared information of pending legislation that would enable local governments to collect rents from Court House users in the near future and encouraged Council to contact local legislators regarding same.
Council Members agreed the Courts had solidified their opposition to the proposed lease and its better utilization by the Courts for a more efficient and operationally effective system. Mr. Baker suggested that should Council be so inclined to deny the Health Department’s proposal, the Courts could utilize the space without an additional Public Hearing. On motion made by Mrs. Prettyman, seconded by Mrs. Bartkovich, and unanimously carried, Council declined to enter into a Lease Agreement with the Wicomico County Health Department and agreed to allow the space to be utilized by the Clerk of Court.
NOTICE IS HEREBY GIVEN, in compliance with Section 603 of the Wicomico County Charter, that the County Council of Wicomico County, Maryland will hear comments on the proposed resolution that the Department of Human Resources has prepared, and the County Personnel Board and Personnel Review Committee have recommended, adoption of certain revisions to the Manual of Personnel Policies and Procedures to establish updated rules and regulations governing the practices and procedures necessary to the administration of the County Personnel System.
Mr. Baker recalled Council discussion on the proposal during a work session. Mrs. Bartkovich reminded Council she was not in attendance for the work session and therefore abstained from voting. On motion made by Mr. Long, seconded by Mr. Taylor, and duly carried, with Mrs. Bartkovich abstaining, Council adopted the revisions to the Manual of Personnel Policies and Procedures.
NOTICE IS HEREBY GIVEN, in compliance with Public Safety Article, Section 1-311 of the Annotated Code of Maryland, that the County Council of Wicomico County, Maryland will hear public comments on the proposed resolution to increase the current fee of fifty cents ($0.50) per month on wireless telephone service and other 911 accessible service as defined in the Annotated Code to seventy-five cents ($0.75) per month to permit the enhancement of the wireless 911 service.
There being no public or Council comments, on motion made by Mr. Dodd, seconded by Mr. Long, and unanimously carried, Council approved the increased fee.
Mr. Baker reminded Council of the Special Legislative Hearing Monday, October 27, 2003, 7:00 p.m., Flanders Rooms, Wicomico Youth and Civic Center.
DEPARTMENT OF RECREATION, PARKS, TOURISM AND CIVIC CENTER
Mr. Gary W. Mackes introduced Wayne Strausburg, member of the Tourism Board and owner of English’s Restaurant, and Kevin Hughes, Food Consultant with Lankford Sysco. Mr. Mackes requested the County Council's consideration to amend Larry Hardesty's contract. Mr. Hardesty serves as the Food Administrator and is responsible for managing and preparing food for catered business at the Wicomico Youth and Civic Center. The proposed changes to Mr. Hardesty's contract corrects the formula to calculate the current local prevailing wages, adjusts wages for lost income; since the new kitchen has not been funded to date, and offers fair compensation for producing food in a challenging environment. Since joining the staff last fall, Mr. Hardesty grew catering by 43% and net profits by 63%, accomplished by keeping food 30% and labor costs 23% lower than the previous year, saving the county $31,000. The proposal was evaluated and supported by Messrs. Hughes and Strausburg and Edward V. Cox, Director of Human Resources. The proposed contract would take effect July 1, 2003. Mr. Taylor offered a motion based on Mr. Hardesty’s proven performance. While she agreed that Mr. Hardesty’s performance at the Civic Center is very superior, Mrs. Prettyman stated she is uncomfortable with two things; giving an employee a 23% increase during uncertain economic times and, making the adjustment retroactive. She therefore would vote no. Mrs. Bartkovich added that she understands what Mr. Mackes is trying to do to make the Civic Center self-sufficient, and agrees Mr. Hardesty has done an excellent job and that the Civic Center wants to retain his services. On motion made by Mr. Long, seconded by Mr. Taylor, and duly carried, with Mrs. Prettyman voting no, Council amended the contract as proposed.
WICOMICO COUNTY LIQUOR BOARD
Mr. Stuart Haemel, Chair; Robert Moore, CPA; and members of the Liquor Board came before Council to discuss a third dispensary in Wicomico County, in the Mill Pond Village site. Mr. Haemel told Council the two other dispensaries in Wicomico County, Tilghman Road and South Salisbury Boulevard, are not adequately serving the public and causing residents to leave Wicomico County and make purchases in Delaware. Mr. Moore added that the dispensaries have shown a profit this year. Mrs. Prettyman inquired of the accountant how much money the Liquor Board owed Wicomico County, to which Mr. Moore responded, State Law provides that the dispensary owes the County its current assets minus $300,000. The Board is allowed to retain any proceeds over $300,000 and as of June 30, 2003 owes the County $500,000; although they are now making payments, for years the Board did not. Mrs. Prettyman expressed concern to open a new store with the current indebtedness to the County. She told the group she would like to confer with the Performance Audit Committee, as they are currently undertaking an efficiency and spending analysis in Wicomico County and most recently a subcommittee is discussing the Liquor Board. Mrs. Prettyman stated she would like to review their report before voting and toward that end, asked Council to table their vote. Mr. Long commented that the northern end of Wicomico County is a growing area and he believes Council should move forward. Mr. Taylor agreed to move forward, that delaying the vote would delay the store’s opening; he was of the opinion the store might wish to open before the holidays. As there had not been a public hearing or notice on the proposed request, Mrs. Bartkovich stated she wished to provide opportunity to have public input before voting. Mr. Moore concluded he anticipates a profit the first year of about $18,000 and each year forward. Mr. Taylor offered a motion to move forward, which was seconded by Mr. Long. Mrs. Prettyman requested a roll call vote: Mrs. Bartkovich, nay; Mr. Long, yea; Mr. Dodd, yea; Mrs. Prettyman, nay; Mr. Dashiell, yea; and Mr. Sarbanes, yea. The motion passed on a vote of five to two.
HEALTH DEPARTMENT
Dr. Judith Sensebrenner, Health Officer, recalled the availability of State general funds over the past three years for an addictions program entitled, S.T.O.P. Funding was used for central booking mental health and addictions screening, and Project Challenge; a program previously funded by Hot Spots which provides case management following the release of Detention Center inmates; proven useful in reducing recidivism. Mr. Doug Devenyns, Director, Department of Corrections, has advised that he is unable to fund the Detention Center’s local match for fiscal year 2004 in the amount of $10,000. Dr. Sensenbrenner reported the Health Department receipt of a check from the State for FY’02 in the amount of $4,897.50; funds were not used due to staff turnover. She requests permission to utilize the surplus FY’02 funds toward the FY’04 match. Mrs. Prettyman motioned to approve. The motion was seconded by Mr. Dodd and unanimously carried.
SHORE TRANSIT
Messrs. Rob Hart and Rick Dwyer seek Council endorsement to make application for a public transportation grant from (MTA) Maryland Transit Administration and request approval of the Demand Response Policy and Service Area Changes
. Effective fiscal 2004, Wicomico County is eligible for Small Urban Public Transportation funding, designated for small urban areas with populations over 50,000 in the metro core. To continue operating the system, the following local match funding is required.
Grant MTA Funding Local/Match Required
Section 5307 $708,341 $78,705
SSTAP $137,088 $49,750
Section 5311 $78,624 $26,208
ADA $127,296 $12,730
In addition to operating funding, capital funding for fleet purchases is needed to meet the demands of increased ridership.
Vehicle Type MTA Funds (90%) Local Match (10%)
Wheelchair Van $54,250 $5,425
Wheelchair Van $54,250 $5,425
FY’04 Local Funds received $182,615
FY’05 Local funds requested $178,243
On motion made by Mr. Dashiell, seconded by Mr. Long, and unanimously carried, Council approved the request.
Mr. Dwyer reported the process has begun to consolidate the three Lower Shore Counties transportation systems as directed by Tri County Council, the next step of which is to create consistent service policies. Wicomico County’s Demand Response policy needs to be updated and changed to comply with Federal and State regulations. These programs are designed to provide transportation services for the elderly and disabled citizens of the County. The current policy allows for general public use, limiting vehicle availability, especially wheelchair/para-transit service. On motion made by Mr. Dodd, seconded by Mrs. Bartkovich, and unanimously carried, Council granted permission to update and change the policy as proposed to bring it into compliance.
PUBLIC COMMENTS
Mr. Russell Cooper, who served in the capacity of Project Inspector for the Lower Shore DRILL Academy shared his discontent with Council proceeding to take ownership of the facility due to areas of concern in the construction/inspection phases of the buildings. Presenting voluminous photographs, which he offered not as part of the record but for review by Council, Mr. Cooper expressed concern over poor workmanship and in his opinion the quality of the project was jeopardized. Mr. Cooper concluded he not only represented himself as an inspector, but as a taxpayer and does not feel “we” are getting our money’s worth. He cautioned Council’s wishes to have a Project Inspector on sight if their recommendations would not be considered. Regarding Council’s approval of a third dispensary in Wicomico County, Mr. Cooper opined the Liquor Board should go to private enterprise licensing and reminded Council of the current indebtedness. Mr. Cooper then inquired about the ridership of the transit authority on Nanticoke Road stating he has witnessed an empty bus. How much does it cost per mile and what is amount of ridership per trip versus costs?
Mrs. Mary Ashanti, President of the Local Chapter of the NAACP, expressed similar concerns over the acceptance of the DRILL Academy and that there was no opportunity for public comment at the time of its acceptance. Recalling the approval of a third dispensary, Mrs. Ashanti expressed concern over the cost to the county for this project, the present indebtedness of the Liquor Board to the County and that it appeared the County could find the resources to support a third dispensary but not to improve decent, affordable housing in Wicomico County. Mrs. Ashanti requested more information about the conduct of a Performance Audit, costs, and whether the County has implemented the recommendations of the committee.
Finally, requesting Council to be more careful with spending. President Sarbanes offered that the County spent $120,000 for the Performance Audit and confirmed the Committee has developed subcommittees for further study in certain areas, one of which is the Liquor Board. Mrs. Prettyman expressed that while she opposes knee-jerk reactions with opening a new dispensary and asked Council to wait for the subcommittee report of the Performance Audit Committee, the decision has been made and she has to abide by it.
There being no further business to come before the Council in Executive Session, the meeting was adjourned.
______________________________
Anthony Sarbanes, President
______________________________
Charles R. Dashiell, Vice President
______________________________
Edward T. Taylor, District One
______________________________
Stevie Prettyman, District Two
______________________________
Gail M. Bartkovich, District Three
______________________________
Marvin R. Long, District Four
______________________________
Larry W. Dodd, District Five
__________________________
Theodore E. Shea, II
Administrative Director