Wicomico County,
The Wicomico County Council
met in Executive Session on Tuesday, January 18, 2005 at
10:00 a.m. in Council
Chambers, Government Office Building, Salisbury, Maryland. Present were Anthony
Sarbanes, President; Charles R. Dashiell, Jr., Vice President; Edward T.
Taylor, Stevie Prettyman, Gail M. Bartkovich, Marvin R. Long and Larry W.
Dodd.
Mr. Dashiell presented a Proclamation to the Salisbury Junior Chamber of Commerce in recognition of Salisbury Junior Chamber Week, on the occasion of the start of its 66th year of good and honorable work and, that all citizens of Wicomico County would join the Council in recognizing the importance of community service and the contributions made by this organization of outstanding young leaders.
Mr. Taylor presented a Letter of Congratulations to Ms. Lori Batts, Mardela Middle and High School on her extraordinary achievement in being named 2004-2005 Maryland Assistant Principal of the Year, in the Maryland Association of Secondary School Principals awards program and, in appreciation of the recognition she has brought to Wicomico County and its school system.
President Sarbanes brought the meeting to order and called for a motion to approve the Minutes of January 4, 2005. On motion of Mr. Long, second by Mr. Taylor and unanimously carried, the Minutes of January 4, 2005 were approved as written.
Theodore E. Shea, II, Administrative Director presented the following items of business for Council’s consideration:
The term of Corinne Les Callette expired January 10, 2005. The Commission recommends her reappointment to the Commission and as Chair. On motion made by Mr. Long, seconded by Mr. Dodd and unanimously carried, the Council accepted the recommendations.
The Board of Education gave its approval to make transfers of funds between major categories of its approved Annual Budget for fiscal year 2004-2005 for the month of January, in the amount of $5,000, contingent upon Council approval. On motion made by Mr. Taylor, seconded by Mrs. Prettyman and unanimously carried, Council authorized the transfers.
The Board also transferred funds within the major categories of its Annual Budget for fiscal year 2004-2005 for the month of January, in the amount of $585. Council action is not required to transfer within categories.
Mr.
Shea recalled the Board’s interest in the former Social Security Building
located at 688 East Main Street, Salisbury, to be utilized as an Adult Learning
Center. The Federal Government has declared the property surplus and the Board
requests a letter of support. On motion made by Mr. Dodd, seconded by Mr.
Taylor and unanimously carried, Council agreed to provide a letter of support.
Enterprise
Zone
Pursuant
to Article 83A, Sections 5-401 through 5-404 Annotated Code of Maryland,
Maryland
Department of Business and Economic Development has approved the designation
for the expansion of the existing Salisbury-Wicomico County Enterprise Zone.
Educational
Facilities Excise Tax
The
County Attorney, Edgar A. Baker, Jr., submitted proposed enabling legislation
that, with Council approval, would be forwarded to the Maryland Legislative
Delegation to the General Assembly, requesting that the County Council of
Wicomico County be authorized to impose an Educational Facilities Excise Tax.
Highlights of the proposal are: the tax would be imposed on any new residential
building construction; would not be imposed on industrial, commercial or
agricultural buildings and, not imposed on any additions, modifications or
renovations. The tax would be imposed at
the maximum rate of $1.00 per square foot. Mr. Long made a motion to submit the
enabling legislation to the Legislative Delegation for enabling legislation.
Mr. Dashiell seconded the motion. Discussion ensued.
Mrs.
Bartkovich, Mr. Dodd, and Mrs. Prettyman referred to additional information
received from the Board of Education, which implies that funds in the Board’s current
expense budget cannot be used for capital improvement costs but can be used for
repairs and maintenance. Council members suggested more research on the Capital
Improvements Program and in particular, repairs and maintenance, before asking
State Legislators and taxpayers to put out more tax money. To that end, Mrs. Bartkovich stated right now
she could not make a decision on this. Mr. Dodd stated, that the tax is not a
fair tax one and would only fix a portion of the problem. He proposed Council
establish a Commission to research alternate means of generating revenue,
together with determining why buildings (renovations) have been deferred. Mr.
Dodd concluded he’s not against the tax; he’s looking for a better alternative.
Mrs. Prettyman expressed interest in more review and restructuring, apprised
Council that Legislators have until the middle of February to receive
information from the County, suggested reviewing Thornton money and how it
applies to the Board’s Operating Budget and whether repairs and maintenance are
included in the Budget. Messrs. Taylor
and Long expressed support to move forward, that respect should be given to a
majority vote, that the tax is for the betterment of Capital Improvement in the
schools. Mrs. Prettyman asked in light of the new information and at the
request of her colleagues to wait, that Council table the motion to the first
meeting in February. Mr. Dodd seconded her motion. Mr. Dashiell then stated
that the issue has been appropriately addressed, that the original draft was
modified to accommodate the opponent’s objections and public input was
invited. President Sarbanes stated that
public education is the top priority and
its facilities are in a crisis mode. With 9 schools needing upgrades, to
continue the current policy of renovating a school about every 2 - 3 years
would take 20 years to accomplish. He
opined that the Educational Facilities Excise Tax is a partial solution for
school construction and renovations, an impact fee cannot be used for school
renovation, a transfer tax would apply to anyone buying or selling an existing
home--which continues the tax burden on those who have carried the tax burden
all along. He concluded that no one
likes taxes or fees--but everyone likes services. “It is time for development to pay its fair
share. Approve this now or pass this
major problem on to future Councils”.
President Sarbanes called for a roll call vote: Mr. Dashiell, no, Mrs.
Prettyman, yes, Mr. Taylor, no, Mr. Dodd, yes, Mr. Long, no, Mrs. Bartkovich,
yes, and President Sarbanes, no. With a majority of four votes not to table the
motion, the motion to table was defeated.
The motion to ask for enabling legislation was lifted from the table.
Before the question, Mrs. Prettyman stated she would abstain from the vote
because she is not for it, but not against finding a solution for the schools.
On call for the question, Mr. Dashiell, voted in favor of requesting enabling
legislation, Mr. Taylor voted in favor, Mr. Dodd abstained because he feels
there is a better answer; Mr. Long voted in favor of requesting enabling
legislation; Mrs. Bartkovich, abstained based on the new information received
from the Board; President Sarbanes voted in favor of requesting enabling
legislation. With a majority of four favorable votes the motion passed that the
County Council of Wicomico County, Maryland would submit proposed
enabling legislation to the Maryland Legislative Delegation to the General
Assembly, requesting that the County Council of Wicomico County be authorized
to impose an Educational Facilities Excise
Tax.
Mr. Shea advised that currently the only county on the Lower Shore that can establish a winery is Somerset County. The economic development branch of the Tri County Council is requesting that Worcester and Wicomico propose to the State Delegation for an amendment to existing law that would allow the two counties to establish wineries within their boundaries. On motion made by Mr. Dodd, seconded by Mr. Long and unanimously carried, Council agreed to propose their inclusion to the State Delegation.
Statement of Latest Investment Rates/Balances for all County Funds
Patricia Petersen, Director of Finance submitted the Financial Report. Total General Fund balance, $4,133,948, Capital Project Fund balance, $35,176,968; Total Major Non-designated Funds, $58,097,376; and Total Reserve Funds of $6,173,212. Contingency amount used to date, $174,269, balance $725,731.
On motion made by Mr. Dodd, seconded by Mr. Taylor and unanimously carried, Council approved the following Permits to Operate. Applicants have completed appropriate documentation, paid taxes and the facilities have been fire inspected:
Sapan LLC t/a Days Inn, Arvind Patel, located at 2525 N. Salisbury Blvd., Salisbury, Maryland, for the period beginning June 1,2004 and ending May 30, 2005, unless revoked sooner.
AMDM, LLC, t/a Hampton Inn, Michael Getzey, located at 121 E. Naylor Mill Road, Salisbury, Maryland, for the period beginning June 1, 2004 and ending May 30, 2005, unless revoked sooner.
Doretha Bivens, Serene Acres, located at 20614 Nanticoke Road, Nanticoke, Maryland, for the period beginning June 1, 2004 and ending May 30, 2005, unless revoked sooner.
Kush Inc. t/a Super 8 Motel, Gunjan Patel, located at 26154 N. Salisbury Blvd., Salisbury, Maryland, for the period beginning June 1, 2004 and ending May 30, 2005, unless revoked sooner.
Manufacturing
Tax Exemption - Filter Networks, Inc.
Filter Networks, Inc. has advised the County due to a breakdown in communication with the State of Maryland they did not meet the October 1, 2004 deadline to apply locally for a manufacturing tax exemption and requests consideration to adjust their tax bill. Mrs. Petersen told Council she does not recommend retroactive approval but does request Council approval for forward years. Mr. Taylor motioned for approval for forward years. The motion was seconded by Mrs. Prettyman and unanimously carried.
Highlights of Significant Financial Transactions
Mr. John Ellis, Chief Financial Accountant, reviewed the referenced report citing year-to-date figures for collected and uncollected taxes, investment interest, recordation tax revenue and enterprise account revenues through December 2004.
Mrs. Bartkovich called attention to ongoing utility costs for the vacated facility and also asked whether the letter submitting the County’s losses on the project had been forwarded to the State. Mr. Shea responded that the letter had been prepared however the auditors found discrepancies and withheld it; the deadline for submission is January 28th. Mr. Taylor stated that the deadline might need to be extended however Mrs. Bartkovich suggested it should be the State requesting the extension. Mr. Dashiell added, the County should be looking for alternatives to utilize the facility and if there are organizations that can make use of the facility the County should not wait for the State to provide the program and staff to facilitate its use; that the County should be ready to hear from organizations by the first of February. Mr. Taylor agreed but wished to reiterate his concern that the facility be used for children. Mrs. Prettyman added that, in order to recoup monies the key is to find an organization that can afford to move into the facility.
DIRECTOR OF PUBLIC WORKS
The Director of Public Works, P. Rai Sharma together with Bruce Kelly, Roads Superintendent submitted and explained the 2005 Revised Snow Removal Plan. Mr. Sharma reported his workforce for snow removal includes up to 70+ employees, 12 tandem trucks, 20 six-wheel trucks, 3 loaders or pickup trucks and three road graders. The department also engages the assistance of Landfill and Recreation and Parks employees as needed. Mr. Sharma used a chart to explain snow routes, traffic volumes and what areas are considered major routes. Mr. Dodd asked if municipalities contributed. Mr. Sharma responded the City of Salisbury, City of Fruitland and Town of Delmar do their own snow removal. The remaining municipalities are taken care of by the County and their highway users funds come to the County.
Mr. Sharma requested Council increase the fee for water and sewer plan amendments from $100 to $200 to defray processing costs. In an assessment of what is required of staff versus costs, Mr. Sharma stated current fees do not equal time spent to bring a request to completion. On motion made by Mr. Long, seconded by Mr. Dashiell and unanimously carried, Council approved the increase.
In an effort to provide better service to its users, Mr. Sharma reported the ferry has been overhauled and will be operable within the next few days; service schedules will be advertised appropriately. The improved ferry now carries three cars rather than two.
On motion made by Mr. Dodd, seconded by Mrs. Prettyman and unanimously carried, the following roads were taken into the County Roads System for maintenance:
Cooper Landing, Section 3
Evesboro Lane – Extension
Cooper Landing Drive – Extension
Fox Meadows, Section 1
Fox Meadows Drive
Red Fox Drive
Mr. Sharma told Council he continues to work with the United States Coast Guard on the Wetipquin Bridge project.
DOUGLAS DEVENYNS, DIRECTOR, DEPARTMENT OF CORRECTION
Douglas Devenyns, Director, presented the mental health contract during a recent Council work session. The contract, which would be effective through June 30,2008 provides mental health services to the inmate population of the Wicomico County Detention Center. On motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council granted approval. Mr. Long shared with Mr. Devenyns that the department’s mental health program was complimented during a recent debriefing session by the Department of Justice.
EDGAR A. BAKER, JR., COUNTY ATTORNEY
Mr. Baker reminded Council and the public that the Capital Improvements Budget and Five-year Program would be presented in a public hearing January 18, 2005, 7:00 P.M., Council Chambers, Government Office Building.
SHELTER DEVELOPMENT, LLC
Planning Director Jack Lenox and Attorney Raymond Smethurst, Jr. (representing the Shelter Development, LLC) came before Council regarding the proposal to construct a housing project in the vicinity of West Road and Delaware Avenue. During a recent work session Council expressed concern over the request for a 40-year PILOT Agreement and the rent structure. Mr. Smethurst advised that the Shelter Group has modified the PILOT to 20 years however the rent structure continues to be reviewed. Council is also being asked to provide an unbinding letter of support, enabling the applicant to compete for the project at the State level. Mr. Taylor stated he had personally conducted a survey of rents in this area, the result of which was $525 for 900 square feet and $725 for 1200 square feet. On motion made by Mrs. Prettyman, seconded by Mr. Taylor and duly carried with Mr. Dashiell abstaining due to a potential conflict of interest, Council consented to provide a letter of support for the project. Mr. Lenox recalled a condition of the project is annexation to the City of Salisbury for water and sewer service. He advised that the Planning and Zoning Commission has reviewed the request and recommends R5-A zoning. Mr. Long motioned approval, which was seconded by Mr. Dodd and duly carried with Mr. Dashiell abstaining.
GARY MACKES, DIRECTOR, DEPARTMENT OF RECREATION AND PARKS
For information, Mr. Mackes advised that the Army Corp of Engineers has indicated that the Nanticoke Harbor jetty engineering work has been postponed due to lack of funding. As Council will recall, an administrator shared a presentation in accordance to the project however the budget recently passed by Congress did not include projects of this magnitude.
Mr. Mackes reported over the past week and a half, the Civic Center sold 27,000 tickets. He attributes the increase in sales to ticket automation.
Mr. Mackes advised the Recreation Commission is having difficulty funding at-risk programs.
Joined
by town representatives to Recreation and Parks, the group came before Council
to discuss these area playgrounds. Deputy Director John Terrell; P. Douglas
Gosnell, President, Sharptown Council; Tom Bowden, Sharptown; Frank Gordy,
Delmar and Salisbury; Valerie Wagner, Pittsville/Willards; Shirley Dashiell,
Salisbury Advisory Council; Jonene
Krowson and
Linda Keplinger, Sharptown; Elaine Larmore, citizen and, Ralph Cordrey and Ed Urban, Recreation Commission. Mr. Mackes stated that Michael Mercer, Commission member could not attend. Mr. Ralph Cordrey read from a prepared statement comments, which he stated expressed concerns and recommendations from the Recreation Commission. The statement contends that recent budget reductions have affected the department’s ability to meet fundamental recreation needs of children residing in “at risk” neighborhoods. Children who live in the poorer neighborhoods of Wicomico County have suffered the most as programs have been reduced or eliminated, losing their safe haven and mentors. Playground uses has been greatly reduced, which has been directly correlated to affordability. The statement calls attention to reductions in County funding; $14,000 for summer playgrounds and $6,000 for the Happy Timers; balance of money required to fund programs is generated by assessing fees to participants. The Recreation Commission would like to undertake a campaign to establish an endowment to subsidize at risk programs. Several community leaders with fund raising experience have reviewed the proposal. It is the opinion of some that the responsibility to fund summer playground programs belongs to the County. The Recreation Commission believes the campaign will be successful if the County Council demonstrates its financial commitment by funding the summer playgrounds to be held in 9 “at risk’ neighborhoods. Mr. Mackes advised this action would require an additional appropriation of $34,000; $14,000 currently appropriated. The Commission also submitted a summary illustrating the decline in youth program attendance, fee changes and fund raising goals. Mr. Urban spoke in support of funding from the County Council and the importance of recreation, parks and activities for families and children to the quality of life in Wicomico County. He stressed the need to have mentors as well as recreation for children. Following comments, Mr. Taylor made a motion to approve an additional $34,000 for playgrounds. Mrs. Prettyman seconded the motion and it was unanimously carried.
PUBLIC COMMENT
Mr. Timothy Meagher, resident, came before Council regarding the recycling bins at Waverly Drive. He made the following requests: the bins be emptied or exchanged after 8:00 a.m., consider another location and, that trucks picking up bins would use Route 13 rather than Waverly Drive. Mr. Sharma will take the requests under advisement and report back to Council.
County Resident Joe Ollinger thanked Council members for voting to request authorization to impose an Education Facilities Excise Tax. In addition asked Council in general and specific Council members to Chair the following: Board of Education spending; Assess the Board of Education’s Capital Improvements Program and evaluate alternate funding for renovation, modernization, expansion of Wicomico County’s Public School facilities and his recommendation that Council raise the issue of a referendum to either change, rescind or retain the Revenue Cap.
The County Council reserves the right to close a portion of this meeting as authorized by
Section 10-(508) a of the State Government Articles of the Annotated Code of Maryland. Mr. Dodd motioned to close the meeting. Mr. Dashiell seconded the motion and it was unanimously carried to discuss contract negotiations.
There being no further business to come before the Council, the meeting was 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