Wicomico County,
The County Council of Wicomico County, Maryland, met in
Executive Session on
President Sarbanes brought the meeting to order. On motion of Mrs. Bartkovich, Council unanimously accepted the Minutes of December 16, 2003, as submitted.
Mr. Long took the opportunity to announce that members of the Library Board were present and wished to introduce the new Administrator. Mr. Long also wished to thank
Mr. Ed Cox for his assistance in providing a smooth interview and selection process.
Jill Long, Board Chair, then introduced Mr. Thomas Hehman as the Administrator.
ADMINISTRATIVE DIRECTOR
Theodore E. Shea, II, Administrative Director, submitted several items of business for Council’s consideration.
Enterprise Zone Designation: John Pick, Executive Officer for the City of Salisbury, has submitted two applications for Enterprise Zone Designation from Parker & Associates, Inc. and Riverside Drive Rental. Mr. Pick has determined that each entity qualifies and the City Council considered this designation during its December 22, 2003 meeting.
Mrs. Bartkovich requested clarification of why two Federal Identification Numbers are listed on the application; however, she motioned to concur with the designation for
Parker & Associates, Inc., provided the City Council gave its approval. Mr. Shea responded that he would obtain the clarification to her question and advise.
Appointments: Mr. Shea announced that current members of the Wicomico County Ethics Commission have confirmed their willingness to continue to serve; on motion of
Mrs. Bartkovich, Council unanimously re-appointed the following individuals:
Darryl Andrews – to serve through 2004
Robert Eaton – to serve through 2005
Arthur Cooley – to serve through 2006
Robert Lawrence - to serve as alternate through 2006
Mosquito Control Program: County officials have received notice from Cyrus Lesser, Chief, Mosquito Control Division, that the State Department of Agriculture will not be able to offer a 50/50 cost-share for mosquito control services in calendar year 2004.
Mr. Shea explained that should there be an unusually wet summer this year, requiring additional spraying, Council might have to authorize a transfer from the Contingency Fund. When beginning budget deliberations for fiscal year 2004-2005, Council must decide whether to fund 75 percent of the costs for the same level of service or to shorten the time period of spraying services. Following Council discussion, the Administrative Director was instructed to write the Secretary of the Department of Agriculture to express Council’s concerns and to request special consideration for Wicomico County.
Enabling Legislation: Mr. Shea called to attention that the Maryland General Assembly would soon convene its 2004 session; if Council chooses to request introduction of legislation to establish new revenue sources, it would be prudent to make such requests to our local State delegation now. Mr. Shea added that receiving legislative authority from the State does not mean that Council necessarily needs to impose a specific revenue source; rather, it provides the authority should Council deem it necessary in the future.
It should be noted that Council currently has authority for the imposition of development impact fees, but there is no authority to consider establishing a development excise tax.
Mr. Taylor referred to recent meetings with bond rating agencies, citing their caution that due to the imposition of the property tax revenue cap, the County’s should pursue all mechanisms to generate revenue. Mr. Taylor then motioned that Council instruct the County Attorney to proceed with enabling legislation; Mr. Long provided a second.
Mrs. Bartkovich suggested that Council receive the Impact Fee Study before pursuing other enabling legislation; Mrs. Prettyman reiterated her reluctance to initiate a new tax, stating that she would prefer to see fiscal restructuring first. Jack Lenox, Director of Planning & Zoning, shared that the study’s contents could ultimately be used in either direction Council chooses to go, but cautioned against deferral of legislation until the completion of the study. Mrs. Prettyman asked the County Attorney how many votes would be required to pass a motion to initiate enabling legislation. Mr. Baker replied that emergency legislation requires five votes to pass; however, the motion to proceed with enabling legislation would require a simple majority, or four votes. Mr. Long stated that seeking enabling legislation simply provides Council with an option or a tool if and when required. Mr. Dodd remarked that he is not comfortable with the concept of an excise tax and would prefer to table the issue. Mr. Sarbanes reminded Council that there is currently a motion on the floor that must be first addressed. Mr. Dashiell remarked that it is important to have options such as enabling legislation; and while reducing costs is also an option, it should be considered together with new revenue sources. Therefore, he would support the motion. Mr. Sarbanes stated that both impact fees and excise taxes are generated from the same source, development; that impact fees are more restricted, while the use of excise tax revenue is more flexible in meeting funding needs. Mr. Sarbanes further stated that while no one is anxious to raise taxes, enabling legislation would allow Council to act, if necessary. Mr. Sarbanes then called for a vote, resulting as follows: Mrs. Bartkovich, no; Mr. Long, yes; Mr. Dodd, no; Mr. Taylor, yes; Mrs. Prettyman, no; Mr. Dashiell, yes; Mr. Sarbanes, yes. The motion was passed with four favorable votes.
Mr. Dodd asked Council to consider pursuing discussion of an adequate public facilities ordinance during a Council work session. Mr. Baker responded that essentially, the establishment of impact fees and an adequate public facilities ordinance go closely linked.
Use of Civic Center: Mr. Sarbanes gave an update regarding local high schools using the Civic Center for Proms, stating that Bennett and Wicomico High Schools would once again hold their proms at the Civic Center; Parkside High School has chosen to return to the University of Maryland facility; and Mardela High School would continue to hold their function at their school. Mr. Sarbanes stated that discussions would continue in the hope that Parkside High School might be persuaded to use the Civic Center in the future; however, it was also agreed that such decisions are made entirely by the high schools.
Capital Improvement Program: Mr. Shea reminded Council that the public hearing for the Capital Improvement Program/Budget is scheduled for January 20, 2004. Mrs. Prettyman asked fellow Council members to consider rescheduling a Council meeting and the public hearing during evening hours. Following brief discussion, Council agreed to hold only the public hearing during evening hours on February 3, 2004, at 7:00 p.m. in Council Chambers.
DEPARTMENT OF FINANCE
Patricia B. Petersen, Director, submitted the Statement of Latest Investment Rates/Balances for all County Funds: total general fund balance, $38,468; capital project fund balance, $31,239,558; total major non-designated funds, $48,412,772; total reserve funds of $4,798,532. There have been no additional Contingency Fund appropriations since the last report.
Mrs. Petersen received a bill in the amount of $5,150 from the County’s independent auditors for services performed relative to GASB 34 implementation. Since there is a balance of $1,000 in the account designated for such expenses, the Finance Department requests a transfer of appropriations in the amount of $4,150. On motion of Mr. Dashiell, Council unanimously approved the request.
At the request of Mr. Long, Mrs. Petersen gave a brief update regarding purchase of the Financial Management System.
DEPARTMENT OF PUBLIC WORKS
Rai Sharma, Director, reviewed the 2003 Building Construction Report, remarking that it is the Department’s goal to make this division self-sustaining; advised Council that he plans to review the department’s recommendations for the street sweeping program at the next Council meeting; and reported that the Northeast Collector base coat has been applied, with the second coat to be applied later. Mr. Sharma advised that during construction, the road was annexed by the City of Salisbury.
SHERIFF’S OFFICE
R. Hunter Nelms, Sheriff, referred to a question posed by Council regarding the Office’s Overtime Account, responding that the Drill Academy expenditure of approximately $739 was accrued as Lt. Holland prepared for arrival of the first group of candidates. In addition, the $1,772 item is related to Hurricane Isabel expenditures that will be reimbursed to the Sheriff’s Office.
Mrs. Bartkovich asked how the new candidates have accepted the educational component of the Drill Academy’s curriculum, adding that she would like to visit the classroom.
Sheriff Nelms stated that during a meeting yesterday with the Department of Juvenile Justice, Sheriff’s staff was reminded of the importance of maintaining confidentiality of the candidates; therefore, visitation by others is not allowed unless approved by the Department of Juvenile Justice. Sheriff Nelms did wish to report, however, that from the night of arrival until the first day of school, the candidates have transitioned quickly. He further stated that seeing the candidates in the classroom yesterday seemed to confirm the positive decision by all four counties to support the Drill Academy concept. Sheriff Nelms is convinced that there is now the ability to “turn our youth around” in a productive program.
Mrs. Prettyman asked Sheriff Nelms if he could return today for Council’s 1:30 p.m. agenda item regarding a handgun permit for an employee. Sheriff Nelms replied that while he has a 12:30 p.m. commitment, he would make every effort to attend.
Mrs. Bartkovich also referred to a letter from the Governor regarding the Drill Academy;
Sheriff Nelms will be provided a copy and will respond.
Mr. Dodd also referred to a recent request for a vehicle lease; Sheriff Nelms advised that he has chosen not pursue this request any further.
PLANNING, ZONING & COMMUNITY DEVELOPMENT
John Lenox, Director, came before Council to review a request for a text amendment to the County Code, which would amend the off-street parking requirements to provide for the use of alternative surface treatments for driveways and parking areas within the Chesapeake Bay Critical Areas. Mr. Lenox explained that this text amendment provides general applicability Countywide, does not require a map change and does not apply to any specific property. The original request prompting review of a proposed text change was submitted by Rotary Club of Salisbury Foundation and reviewed by the Planning & Zoning Commission, with public hearings held October 16 and December 18, 2003.
Mr. Lenox continued by stating that the Planning & Zoning Commission found that based on the Maryland Department of the Environment provisions that porous paving materials are considered pervious for the purpose of calculating stormwater management requirements, the proposed alternative surface treatment should be made available for intermittent, low-intensity or seasonal uses County-wide. Use of such alternative, permeable surface treatments would be approved by special exception by either the Planning Commission or the Board of Zoning Appeals. Consequently, the Planning Commission is forwarding a favorable recommendation to the County Council for a text amendment, representing an addition to Section 225-82, Off-Street Parking
Requirements. Mr. Lenox then asked for Council’s concurrence to schedule a public hearing, as required. Ed Baker, County Attorney, further advised that Council has two options to consider; a text amendment, which is legislative in nature and would provide Council the opportunity to set a public hearing before determining if legislation is to be submitted, or a more traditional approach to introduce the legislation, to be followed by the standard legislative public hearing process. Mr. Baker proceeded to explain that Council normally chooses to combine multiple legislative bills into one public hearing, thus, reducing advertising costs. Mr. Long expressed his support for the text amendment, as it would enhance construction of smaller parking lots throughout the County, using the example of parking lots for churches, etc.; he then motioned to have the bill prepared for introduction and included as part of a standard legislative public hearing process. The motion received a second from Mr. Taylor.
Mrs. Prettyman questioned that the text amendment is “non-site” specific, referencing the Rotary request and asked if Council concurrence is given, would the request go before the Planning Commission; Mr. Lenox responded that he would anticipate the special exception request would be addressed by the Board of Zoning Appeals, in conjunction with other pertinent issues. Mrs. Prettyman remarked that she considers this as a way to use a “loophole” in the Code and while the proposed technique may be good and has the approval of the Director of Public Works, she wants assurance that it will not infringe on the rights of the neighborhood and common sense must prevail.
Mr. Sarbanes asked Mr. Sharma if he had any comments regarding the matter; to which Mr. Sharma responded that the proposed materials to be used have been used successfully throughout the country and that it can not only support the vehicle load, but would provide the required runoff for stormwater management. Mr. Sharma considers its use as a positive step.
Mr. Dashiell asked if this is to be a part of the Comprehensive Plan public hearing; Mr. Baker replied that this particular public hearing request would be part of the Legislative public hearing process. Mr. Baker requested Council’s concurrence to schedule a Legislative Session in the near future. Mr. Long then amended his motion to instruct the County Attorney to include today’s request into a scheduled Legislative Session sometime in February; Mr. Taylor amended his second. With Mr. Sarbanes calling for a vote, the motion received unanimous approval.
COUNTY ATTORNEY: no report.
PUBLIC COMMENTS: None
COUNCIL COMMENTS: None
On motion of Mr. Dodd, Council unanimously approved adjournment of Executive Session.
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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