Wicomico County, MD
Council Minutes
February 3, 2004
The Wicomico County Council met in Executive Session on
Anthony Sarbanes, Charles R. Dashiell, Jr., Edward T. Taylor, Stevie Prettyman,
Gail M. Bartkovich, Marvin R. Long and Larry W. Dodd were in attendance.
Mr. Sarbanes brought the meeting to order. The first order of business was the unanimous approval of the January 20, 2004 Minutes, as submitted. Proclamations recognizing Maryland Mentoring Month and Black History Month were read. In addition, a Letter of Achievement was presented to Charles Adreon Kruger, II, recipient of the Royal Rangers’ Gold Medal of Achievement.
Mr. Sarbanes recognized Mr. Henry S. Parker, former Council member, in the audience.
Council then called for the Administrative Director’s Report.
ADMINISTRATIVE DIRECTOR
Theodore E. Shea, II, submitted the following items for Council’s consideration.
State’s Attorney’s Office: Davis R. Ruark referred to the resignations of two Assistant State’s Attorneys within the past several months, both of which cited their reason for departure as the salary disparity between the State’s Attorney’s Office and the Public Defender’s Office. Mr. Ruark is requesting an adjustment in classification for Assistants who have served Wicomico County for five or more years to Assistant State’s
Attorney II. Mr. Ruark further explained that while the Office will be able to fund a portion of the required funds, a supplemental appropriation of $9,000 from the County Council would be needed. Mr. Dashiell then motioned to approve the request and
Mr. Taylor provided a second to the motion. Mr. Long asked that the motion be amended to identify that the appropriation would be charged to the Contingency Account. Mr. Dashiell amended his motion accordingly and the motion was unanimously approved.
Manufacturer’s Tax Exemption: Mr. Shea presented a request from DiCarlo Precision Instrument, Inc. for a tax exemption on machinery and equipment used in the conduct of business. The County Director of Finance posed questions as to the eligibility of equipment that is being leased by the company. Following a brief discussion and on motion of Mr. Taylor, Council chose to defer any action at this time until further discussion can take place on this matter.
Public Drainage Associations: Mr. Shea presented proposed tax levies and appointments of PDA Managers, as submitted by each public drainage association during its annual meeting:
Dividing Creek PDA: Cropland, $6 per acre; woodland, $3 per acre; minimum bill, $25.
Horsebridge PDA: cropland, $.52 per acre; woodland, $.13 per acre, minimum bill, $10.
Managers to serve: Larry Furst, 3 years; Raymond Adkins, 2 years, Oren Perdue and
Tom Johnson, 1 year.
Laws PDA: Cropland, no levy; woodland, no levy; no minimum bill.
Managers to serve: Robert Davis, 3 years; Victor Laws, 2 years; Ben Brittingham, 1 year.
Mill Branch PDA: Cropland, $2 per acre; woodland $.50 per acre; minimum bill of $10.
Managers to serve: Frank Inscoe, 3 years; J. Howard Adkins, 2 years; Donna Insley, 1 year.
Allen PDA: Cropland, $2 per acre; woodland, $.50 per acre; minimum bill of $8.
Managers to serve: Ellen Gray, 3 years; Ulysses Polk, 2 years; Rosalie Fields, 1 year.
Beaverdam PDA: Cropland, $2 per acre; woodland, $.50 per acre; minimum bill of $15.
Managers to serve: John Adkins, 3 years; John Lee Taylor, 2 years; Arden Hickman, 1 year.
Givans PDA: Cropland, $.50 per acre; woodland, $.50 per acre; minimum bill, $10.
Managers to serve: Paul Brittingham, 3 years; Ben Brittingham, 2 years, Gorman Brittingham, 1 year.
Aydelotte PDA: cropland, $2.50 per acre; woodland, $1.25 per acre; minimum bill, $10.
Managers to serve: David Fitzgerald, 3 years; Sidney Richardson, 2 years, Richard Layfield, 1 year.
Nebo Road PDA: cropland, no levy; woodland, no levy; minimum bill, $30.
Managers to serve: Cliff Lawrence, Sr., 3 years; Ruth Brittingham, 2 years;
Goldsboro Lawrence, 1 year.
Greenbrach PDA: cropland, $2.10 per acre; woodland, $.70 per acre; minimum bill $15.
Managers to serve: Todd Richardson, 3 years; J.D. Ireland, 2 years; Bud Hudson, 1 year.
Passerdyke PDA: cropland, $3.75 per acre; woodland, $1.25 per acre; minimum bill $10.
Managers to serve: Charles Fleming, 3 years; Tom Banks, 2 years; Robert Gannon, 1 year.
Head of Creek PDA: cropland, no levy; woodland, no levy, minimum bill, no levy.
Managers to serve: Harrison Langeler, 3 years; Brian Berkey, 2 years; Alma Asbury, 1 year.
Nanticoke PDA: cropland, $7 per acre; woodland, $3.50 per acre; minimum bill, $12.00.
Managers to serve: Herman Turner, 3 years; Kenneth White, 2 years; Lawrence Elsey,
1 year.
Pine Branch PDA: cropland, $3 per acre; woodland, $1 per acre; minimum bill $15.
Managers to serve: George C. White, 3 years; Tom Donaway, 2 years; Jacob Jones,
1 year.
On motion of Mr. Long, Council unanimously approved all levies and appointments as submitted.
Liquor Control Board: Mr. Shea recalled that Council had met with Liquor Control Board members in a work session. Mr. Shea asked Mr. Victor Laws III, Mr. Justin Hollis,
Mr. Robert Moore, accountant for LCB and Patricia Petersen, Director of Finance, to join Council to discuss the Board’s request to increase its total working capital and the subsequent payment of profits to the County. This request requires legislative action by Maryland General Assembly and Mr. Moore, Mr. Laws and Mrs. Petersen have reviewed the proposed language.
Mr. Laws explained that the Board views existing language as unrealistic, when taking into consideration increasing operating costs for the dispensaries and the current language that requires a fixed amount that must be paid to the County from its net profit (the law actually states that the Board must pay the County all net profits in excess of its reserve amount). The Board, after research, is of the opinion that Garret County’s current law contains workable verbiage for working capital requirements and remittance of profits, as follows:
“In Wicomico County, all net profits arising from the operation of the dispensaries shall be first applied towards the payment of any and all sums advanced to or borrowed by the Wicomico County Liquor Control Board. After such sums have been paid, the Liquor Control Board shall be authorized to create and maintain a reserve fund to provide adequate working capital and to meet any losses that may be sustained by the Liquor Control Board in the operation of the dispensaries and then, all net profits in excess of the above shall belong to and be paid over to Wicomico County, Maryland, at such times as the Wicomico County Liquor Control Board shall, in their discretion, deem appropriate, but all accumulated profits in excess of the reserve, if any, shall be paid to the County Treasurer on October 1 and April 1 of every year.”
In responding to a Council member’s question, Mr. Laws stated that the members of the /County Liquor Control Board would define the amount of “adequate working capital” required for operation. Mrs. Prettyman remarked she could not recommend an open-ended working capital decision by the Board and then questioned why use Garrett County as a model. Mr. Laws stated that the Board believes that similar language from a similar county might be more accepted by the General Assembly. Mrs. Prettyman asked Council to consider deferring any action until there is an opportunity to look at the request more closely. She also referenced a sub-committee report to the Performance Audit Committee and a rebuttal, which Council has yet to receive.
Mr. Long asked if the Liquor Control Board would continue to report the adequate working capital amount to Council on a routine basis, should the legislation be put in place. Mr. Moore responded “yes”; the County shall continue to receive monthly reports.
Mr. Moore added that in Montgomery County, there is a provision the County Finance Director and the Board must agree on the defined “adequate working capital” amount.
Mr. Moore reminded that State law requires the Board to pay its payables first, then amounts due on any existing loans; however, Mr. Moore added that the Board, while having the authority, does not anticipate having to borrow money.
Mr. Sarbanes questioned the change to semi-annual, rather than quarterly payments to the County; Council generally agreed that this change could cause a hardship on the County in determining projected revenues. Additional discussion among Council members ensued and while acknowledging the fact of Board’s increased operating expenses, Council requested that the proposed language contain: 1) a provision that a County representative be included in the determination of the Board’s reserve amount, subject to County Council’s approval and 2) be amended to reflect quarterly monthly payments due January, April, August and October.
Mr. Long then made a formal motion to approve the amended language, the final form of which must be reviewed by the County Attorney prior to submission to the State Legislature. The motion received unanimous approval.
Appointments: On motion of Mrs. Prettyman, Council unanimously approved the reappointment of Nola Arnold to the Wicomico County Personnel Board for a term to commence January 1, 2004 and conclude January 1, 2007.
Award of Bonds: The County has received an interest rate of 3.25% from Bank of America, for the sale of additional general obligation bonds; Mr. Shea is recommending that Council approve award to Bank of America. On motion of Mr. Taylor, Council unanimously approved the award as recommended by the Administrative Director.
Council was provided with the names of Dr. Judith Sensenbrenner, Wicomico Co. Health Dept., Thelma Price, Deer’s Head Hospital and Maria Grover, County citizen, to serve as Wicomico County’s voting members of the Shore Transit Advisory Board.
In addition, Wicomico County is to nominate a non-voting ex-officio member. Council posed questions as to whether its appointed member was required to be a Council member. Council also voiced their wish to have the appointee become a voting member.
This appointment was deferred until the Administrative Director could provide Council with responses to their queries. Mr. Long then motioned to approve the appointments of Dr. Judith Sensenbrenner, Thelma Price and Maria Grover to the Shore Transit Advisory Board. Council unanimously approved the motion.
Consultant – Performance Audit: During a previous session, Council met with Mr. Ed Donahue and requested that he review the Performance Management Report recommendations and prioritize those items; more specifically, those that could be implemented before the end of this fiscal year as opposed to items that could begin during fiscal year 2005.
Mr. Donahue came before Council with his response to the request, prefacing his observation that while the public might feel that government should be kept to an absolute minimum, he feels that government can play a role for positive improvement in the community that it serves. He stated that the cost reduction items that were identified during the course of the performance audit do not affect the level of services provided. The performance audit showed that the county has not been wasteful in providing “bare bones” services, therefore, the report did not find services that could be eliminated without affecting the quality of life. The cost-saving items identified are of the type that if the County is able to save money, the level of services could be maintained; on the other hand, revenue enhancements are those available to the County (other jurisdictions have already utilized). Mr. Donahue also discussed initial investment amounts that would have to be invested to realize cost savings and increased revenues.
Council members asked many questions about the prioritized items and the quoted cost/savings estimates. Mr. Sarbanes then asked Mr. Donahue to meet with Council during a work session to fully review and assess the feasibility of implementing the recommendations. The work session is scheduled for February 23rd, 1:30 p.m.
At the suggestions of Mrs. Prettyman and Mr. Dashiell, Council agreed to review the recommendations on February 17th, prior to meeting with the consultant.
Discussion of House Bill No. 634: Mrs. Bartkovich referred to a recent meeting with the Lower Shore Delegation and a House Bill being introduced that would give a charter county the authority to set a property tax rate higher than allowed by its charter.
Stating that Wicomico County had requested exemption from this Bill last year, since it is in direct conflict with the County’s property tax revenue cap, Mrs. Bartkovich moved
that Council once again advise our local delegation of the County’s desire to be excluded from this legislative action. Mr. Dodd provided a second, with Mrs. Bartkovich requesting a roll call vote on the motion. The vote was as follows: Mrs. Bartkovich, aye;
Mr. Long, aye; Mr. Dodd, aye; Mr. Taylor, aye; Mrs. Prettyman, aye; Mr. Dashiell, aye;
Mr. Sarbanes, aye. The motion was unanimously carried.
Request from Jaycees: Melanie Pepper and Duane Larmore came before Council to request an appropriation to help fund the Independence Day fireworks display.
Ms. Pepper explained that while the Jaycees have actively sought private funding, the amount pledged to date is insufficient and the fireworks display is in jeopardy of being cancelled. Mr. Dashiell motioned to appropriate $3,000 from the Community Promotions Account, towards the event; the motion was seconded by Mr. Taylor and was duly carried with six favorable votes, with Mr. Sarbanes voting “no”.
FINANCIAL REPORT
Patricia Petersen, Director of Finance, submitted the Statement of Latest Investment Rates/Balances for all County Funds for Council’s review. This report is available to the public.
Salisbury Fire Department, Station 2, is requesting $19,500 matching funds from its Capital Incentive Sinking Fund. The Finance Director has been provided the necessary certification from the financial institution. On motion of Mr. Dodd, Council unanimously approved the request as submitted.
Michael Kleger and Kathleen Robbins, Pigg, Krahl & Stern, independent auditors for the County, joined Mrs. Petersen, Deanne Walker and John Ellis to present the Audited Financial Statement for fiscal year 2003. Mr. Kleger began the brief review by pointing out significant differences in the audit’s format, due to required changes brought about by Federal accounting regulations. Ms. Robbins also reviewed selected financial highlights, all of which are available to the public.
Mrs. Petersen expressed her thanks to her staff and the independent auditors for a smooth and organized audit.
On a final note, Mrs. Petersen requested Council’s approval of a $5,000 appropriation to help pay the auditors’ final billing of $10,000 for the GASB 34 implementation.
On motion of Mr. Long, Council unanimously approved the request.
DEPARTMENT OF PUBLIC WORKS
Rai Sharma, Director, reviewed the following items of business:
Subdivision Name: Essex Ridge DPW 1-04
Location: Northumberland Drive
Applicant: Phil Parker & Associates
Owner: E. S. Adkins Company
Applicant proposes to subdivide two parcels of land into 32 lots. Approximately 3.2 acres of new streets, 9.3 acres of common areas and 191.7 acres of remnant parcels will be created. All lot will front and have access on proposed interior streets, from an extension of Northumberland Drive. Future street connections to the north and east are also proposed.
A sketch plat for these properties was reviewed by the Planning Commission
December 1998. The plat showed additional lots to the east and west with a second entrance to Downing Road. Two major concerns of nearby residents involved environmental and traffic issues. The applicant has attempted to address the environmental issues, but it is not evident how traffic issues are to be addressed. It is recommended that a second entrance be constructed in the first phase of development.
The County Council reviewed this development during April 1999, with no major concerns. The Planning Commission granted Preliminary Plat approval in April 1999 and Final Plat Approval November 2000 and revised the conditions to include conditions 9 and 12, as shown below. The owner’s request to remove these referenced conditions was ultimately withdrawn.
The Department of Public Works recommends approval of this subdivision subject to the following conditions being met: 1) subject to further review and conditions as established by Public Works; 2) Health Department approval is required prior to recordation of final plat; 3) subject to further review and approval of the Forest Conservation Act; 4) the subdivision must comply with density and set-aside standards as set forth in the County’s Comprehensive Plan for parcel located in Agricultural Rural Areas; 5) this section shall become part of the existing Homeowner’s Association for Essex Ridge subdivision; 6) a metes and bounds description of the 50% set-aside must be provided on the Final Plat, for review and compliance with the Comprehensive Plan;
7) the final plat shall comply with all subdivision regulations, as well as the County’s Comprehensive Plan; 8) Improvements Construction Plans must be approved by Public Works – any work along the stream shall comply with both floodplain and wetlands regulations; 9) access to Northumberland Drive will be denied to construction vehicles until proposed roads are accepted into the County maintenance system; 10) the remnant parcels must have adequate frontage; 11) adequate drainage and maintenance easements must be provided and shall be maintained by the Homeowner’s Association; 12) a construction access road is mandatory to serve the new construction.
Following review, Council concurred with the recommendation and all conditions set forth.
Mr. Sharma distributed the Litter Control, Ditching and Snow Removal reports and advised Council of his attendance of a public meeting addressing sediment problems with Tuxents Branch and will solicit the assistance of Delegate Elmore to approach the Maryland Department of the Environment in seeking a long-range solution. Mr. Sharma also stated that Whitehaven and Upper Ferries shall remain closed until the river thaws sufficiently to allow safe navigation.
Mr. Sharma reported that Health Department approval for renewal of a license for Oak Ridge Mobile Home Park. On motion of Mrs. Prettyman, Council unanimously approved the renewal.
SHERIFF’S OFFICE
Sheriff R. Hunter Nelms and Capt. Robert Van Meter provided a brief progress report for the Drill Academy educational component, stating that response by the students has been very positive.
The State of Maryland has been billed for December 2003 and January 2004 per Diem.
PLANNING, ZONING & COMMUNITY DEVELOPMENT
John Lenox, Director, reviewed a request for a change of zoning designation relative to the East Naylor Mill Road – Ruark Annexation. This parcel has been annexed by the City of Salisbury and zoning designation must be converted from the County’s current R-1 Agricultural to the City of Salisbury’s R-10A Residential designation. On motion of Mr. Long, Council unanimously approved the zoning change.
Mr. Lenox provided brief updates on several projects, including the draft zoning code, currently being reviewed by the County Attorney, proposed dates to begin Council’s Strategic Planning sessions, the progression of the Consultant’s work on the housing issue and confirmation that the department awaits official designation of the Metro Planning Board, associated with the Tri-County Council initiative.
COUNTY ATTORNEY
Edgar A. Baker, Jr., recalled that the Council had requested his review of the issue regarding the Northeast Collector contract. Mr. Baker has met with Jim Miller, County Roads Division and Jim Grindle, County Public Works for that review. It is agreed that there are two provisions within the contract that would allow the County to terminate the agreement; however, taking into account the financial aspects of such a decision and the fact that the County simply could not leave the road at its current condition, he is recommending that the contract not be voided and a letter be sent to the City of Salisbury, requesting a contribution towards the satisfactory completion of the project. Council generally agreed with the recommendation.
PUBLIC COMMENTS: NONE
COUNCIL COMMENTS: NONE
As the last order of business, Mr. Long motioned to authorize Council to enter into closed session, in accordance with Section 10-(508)a –1 of the State Government Articles of the Annotated Code of Maryland. Council unanimously approved the motion.
The Executive Session was adjourned.
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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