Wicomico County, MD
Council Minutes
February 4, 2003

The County Council of Wicomico County, Maryland, met in Executive Session on Tuesday, February 4, 2003. All seven Council members were present; Anthony Sarbanes, Charles R. Dashiell, Jr., Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich, Marvin R. Long and Larry W. Dodd.

President Sarbanes brought the meeting to order and announced that prior to commencement of business, Council wished to adopt a Resolution recognizing the Columbia Space Shuttle tragedy and to call for a moment’s silence.

A Resolution

of the County Council of Wicomico County, MD

WHEREAS, on February 1, hearing of the loss of seven men and women in services to our country brought us great sadness; and

WHEREAS, they were returning from breaching the frontiers of a vast and inhospitable and unforgiving environment at the time of their tragedy; and

WHEREAS, in facing great risks they had great courage, the kind of courage that makes heroes; and

WHEREAS, because Col. Rick Husband; Lt. Col. Michael Anderson; Cmdr. Laurel Clark; Capt. David Brown; Cmdr. William McCool; Dr. Kalpana Chawla; and

Col. Ilan Ramon had that courage, they died as heroes; and

WHEREAS, because of their deaths, today there are children without parents and spouses without mates; and

WHEREAS, the risks those men and women assumed was in services to this country and to humanity;

NOW, THEREFORE, be it resolved by the County Council of Wicomico County, Maryland, that we express appreciation of a grateful county for the sacrifices they gave as heroes and that we say to their families that they are not alone in their time of loss and grief. May God bless the grieving families and may God continue to bless America.

On motion of Mrs. Prettyman, Council unanimously adopted the above Resolution.

On motion of Mr. Dashiell, the Minutes of January 18, 2003 were unanimously approved as amended.

ADMINISTRATIVE DIRECTOR

Theodore E. Shea, II, Administrative Director, submitted the following items of business:

Sale of Hebron School Property: During a recent Executive Session, Council approved sale of surplus property, more commonly referred to as the Hebron School property. Originally, the Purchasing Agent, Fred Harris, had recommended that the property be disposed of at public auction, rather than being listed through a local realty agency. Subsequently, it was determined that the subject property does not have access to municipal water and sewer services, therefore, there is the question of the necessity of a perk test prior to sale. Following brief discussion, Mr. Dashiell motioned to proceed with a perk test; Council can then determine how to best dispose of the property. The motion was unanimously carried.

Discussion of Enabling Legislation: Mr. Shea brought to Council’s attention that the deadline for the submission of local legislative bills to the General Assembly is

February 7, 2003. If Council wishes to request enabling legislation to effect local legislation to generate new revenue, such as a development excise tax, immediate action must be taken. Any proposed sources of new revenues would require enabling legislation. Mrs. Bartkovich remarked that during past Council discussion, the consensus was that constituents did not want any new taxes; that Council should seek ways to reduce the budget; therefore, it may be premature to seek enabling legislation before thoroughly reviewing the proposed operating budget. Mr. Long stated that Council should consider proceeding with enabling legislation; such action does not mean that Council will automatically enact any new tax. Mr. Taylor concurred with Mr. Long’s statement. Mrs. Prettyman asked the status of the impact fee analysis; Mr. Shea responded that the analysis should be available to Council by March 31^st. Mrs. Prettyman then stated that she could not support enabling legislation for an excise tax.

Mr. Baker wished to clarify that Council does not have any authority at this time regarding any proposed taxes or fees to generate revenue; thus, the need for enabling legislation. He added that Talbot and Caroline Counties are seeking authority to impose an excise tax through the General Assembly. Council also discussed areas such as Maintenance of Effort for the Board of Education, funding for Wor-Wic Community College, Sheriff’s Office and salary funding.

Mrs. Prettyman asked Council to consider deferring action at this time. Mr. Dashiell referred to the severe budget constraints and that department heads are submitting flat budgets; but he felt it would be unwise to request additional taxing authority until the proposed budget has been reviewed by Council. Mr. Dodd concurred with Mr. Dashiell’s assessment, while Mr. Taylor stressed that while not interested in imposing new taxes, he is interested in providing the County the ability to enact legislation.

Mr. Long then motioned to request enabling legislation to allow the County the ability to impose a development excise tax, if deemed necessary. Mr. Sarbanes called for a roll call vote, which resulted as follows: Mrs. Bartkovich, no; Mr. Long, yes; Mr. Dodd, no;

Mr. Sarbanes, yes; Mr. Taylor, yes; Mrs. Prettyman, no; Mr. Dashiell, no. The motion did not pass.

Appointments: Rick Dwyer, Superintendent, Wicomico Transit, is requesting appointments and re-appointments to the Wicomico Transit Advisory Committee.

As submitted by the Committee and on motion of Mr. Taylor, Council unanimously approved one-year re-appointments of Jim Magill, Paul Rendine, Thelma Price and

B. William Schaule (February 2003-2004); and a one-year appointment of

Harold Tilghman.

On motion of Mr. Long, Council unanimously approved two-year re-appointments for Ron Dyson, Mike Purkey, Brenda Dutton-Harding and Charles Sullivan and the appointment of Philip Tilghman, all for a term beginning February 2002 – 2004.

Appointment to Performance Audit Committee: On motion of Mrs. Prettyman, Council unanimously approved the appointment of Brian Kilgore to the Performance Audit Committee.

Housing Authority: Mr. Shea presented the FY 2003 Wicomico County Housing Authority Annual Plan. Clarie Fortt, Acting Director, requested Council’s approval to execute the documents. On motion of Mrs. Prettyman, Council unanimously gave its approval.

Deputy Medical Examiner: Dr. Chris Snyder, Deputy Medical Examiner for Wicomico County, is requesting Council’s support of a request to the State to increase the case rate for reimbursement for medical examiner and forensic investigators. Dr. Snyder explained that the current rate is $80 per case for 24-hour/365 days per year coverage for

cases submitted to Baltimore. The number of cases has grown significantly and Dr. Snyder proposes an increase to $120 per case. Additionally, Dr. Snyder and Jerry Bennett, Forensic Investigator, are not reimbursed by the State for all deaths that occur within 24 hours of hospital admission and all procedural related deaths. Delegate Conway is requesting that the State revisit the reimbursement rate and will present recommendations from the Wicomico Medical Society. Mr. Dodd motioned to support the request and the motion was unanimously approved. Dr. Snyder asked if the motion included support for an increase for the County’s Forensic Investigators. Mr. Dodd then amended his motion to include support for an increased reimbursement for Forensic Investigators. The amended motion was unanimously carried.

DEPARTMENT OF FINANCE

Patricia Petersen, Director, submitted the Financial Report, reflecting latest investment rates and balances for all County funds. Total General Fund Balance is approximately

$3.2 million; Capital Project Fund totals $31.4 million; total major non-designated funds total $49.4 million; and total reserve funds total $4.7 million.

Capital Funds Request: Salisbury Fire Department is requesting $20,000 matching Capital Incentive Sinking Funds to assist in the purchase of equipment. On motion of Mr. Long, Council unanimously approved the request as submitted.

Audit Billing: The County’s independent auditing firm is requesting payment of $4,950 for additional services. Mrs. Petersen recommends payment from the Contingency Account. On motion of Mrs. Prettyman, Council unanimously approved the request.

DEPT. OF PUBLIC WORKS

Bond Request: Rai Sharma, Director, has received a request from Osprey Builders, Owner/Developer of Cooper Landing, Section Three, to post a $136,940 bond for improvements. This would allow recordation of the plat and sale of lots. On motion of Mr. Long, Council unanimously approved the request.

FY 2004 State Funding: Mr. Sharma told Council that the State’s proposed budget contains a $1.9 million reduction of Highway Users Tax funds for Wicomico County. This represents 31% of the Department’s total budget and if the cut takes place, Public Works would be required to eliminate all paving projects, all proposed capital purchases and approximately $200,000 in cuts yet to be identified. Mr. Sharma further explained that the County would be forced to reduce services to cutting grass and snow removal.

Council received the Litter Control and Ditching Reports.

Request from Salisbury University: Recently, the Department of Public Works received a request from Salisbury University for a pedestrian crosswalk at Loblolly Lane.

Mr. Sharma met with University officials and explained that placement of a crosswalk would require a traffic study. As an alternative, Mr. Sharma presented a request on behalf of the University, to reduce the speed limit from Dogwood Drive to Loblolly Lane to 30 miles per hour. Mr. Long motioned to approve Mr. Sharma’s recommendation. As a matter of information, Mr. Dodd questioned which police agency has the jurisdiction to enforce the speed limit. Mr. Sharma stated that the designated area is under the jurisdiction of the Sheriff’s Office, since it lies outside the City limits. When Mr. Dodd questioned why Campus Security could not perform such a function, Mr. Sharma stated that they do not have any authority on a public street. Calling for a vote, Council unanimously approved the request.

Mrs. Bartkovich referred to a recent complaint made by members of the Church of Latter Day Saints; Mr. Sharma responded that the Department continues to resolve the matter.

SHERIFF’S OFFICE

Transfer of Funds Request: Capt. Robert Van Meter introduced John Stark, Financial Specialist for the Sheriff’s Office. Capt. Van Meter submitted a supplemental budget request for three of its operating accounts, as follows:

vehicle maintenance account - $50,000; the Office is averaging $9,000 monthly

maintaining its fleet.

advertising - $1,800; this is used to advertise vacant positions.

office supplies account – $5,500 to fund the remainder of the fiscal year.

Capt. Van Meter also explained that the Sheriff’s Office is waiting for Transportation Security Administration reimbursements for security services at the Airport, as well as reimbursements from the COPS program.

Mr. Sarbanes asked Pat Petersen, Finance Director, to make a recommendation. Mrs. Petersen stated that Council has three options available: take no action; authorize a transfer from the Sheriff’s Office Salaries Account, understanding that funds used will not be there at the end of the year unless the above reimbursements are received prior to closeout of fiscal year 2003; or Council could authorize a transfer of funds from the Contingency Account. It is her recommendation to transfer the funds from the Office’s Salaries Account. In the event the anticipated reimbursements are not received in time, Council could then authorize the transfer from Contingency. Mr. Long motioned to approve a transfer of funds from the Sheriff’s Office Salaries Account. Following a brief discussion about the time frame in which reimbursements are received and current vacancies through the COPS grant program, Council unanimously authorized a transfer of $58,700 from the Sheriff’s Salaries Account to fund the above referenced accounts, with the stipulation of reimbursement upon receipt of TSA and COPS monies.

Narcotics Task Force Funds: Capt. Van Meter referenced Task Force monies that should have been paid to the Sheriff’s Office for support services during FY 2002. However,

$17,500 was not encumbered and automatically rolled over to the General Fund balance.

These funds must be spent for the purpose intended and the Sheriff’s Office is requesting that the money be returned by a transfer from the County’s Contingency Account.

Mrs. Prettyman motioned that the request be granted. Mrs. Petersen stated that $469.05 had already been spent; therefore, the transfer should be $17,031. Mrs. Prettyman amended her motion to reflect the revised amount; Mr. Taylor also amended his second and Council unanimously approved the amended motion. Capt. Van Meter also advised Council that the Drill Academy construction project should near completion by the end of March, if no other inclement weather delays occur.

COUNTY ATTORNEY

Edgar A. Baker, Jr., County Attorney, advised Council that a public hearing to lease an airplane hangar at the Airport to Salisbury Engineering, Inc., had been scheduled for

11:00 a.m. today. However, the proposed Lessee has requested certain changes in the Lease that are not acceptable to the Owner/Lessor (Wicomico County/Airport Commission). Therefore, he is requesting that the public hearing not be conducted at this time. On motion of Mr. Long, Council unanimously approved the County Attorney’s request and the public hearing was deferred.

WICOMICO COUNTY HEALTH DEPARTMENT

Dr. Judith Sensenbrenner, Public Health Officer, submitted proposed increases of Environmental Health fees to help offset expenses and budget constraints. Council reviewed a schedule reflecting current County fees as compared to those charged by neighboring counties. Staff projected additional revenue of $31,000, which would be projected in the next fiscal year budget. Council members inquired when the rate increases would take effect, if approved. Dr. Sensenbrenner responded that they would take effect July 1, 2003 (FY 2004). Mr. Dashiell motioned to approve the rate increases as submitted; the motion was unanimously carried.

In addition, Dr. Sensenbrenner is projecting a $90,000 surplus in the current operating budget. Council approval is requested to retain $57,000 for the express purpose of funding the salary of the Teen Pregnancy Prevention Coordinator. While this position is currently funded by a State grant, funds will not be available next fiscal year. The program’s goal is to reduce teen pregnancy and targets middle school-age children, promoting abstinence, education of the dangers of HIV/AIDS, as well as providing, through collaborative efforts with other agencies, resources and support to high school-aged students, parents and adults.

Following Dr. Sensenbrenner’s presentation, Mr. Taylor motioned to approve the request as submitted; the motion was unanimously carried. Dr. Sensenbrenner was asked to provide statistics on the reduction of teen pregnancy in Wicomico County to Council.

SALISBURY WICOMICO ECONOMIC DEVELOPMENT, INC.

David J. Ryan, Executive Director, conducted a power point presentation regarding the mission and goals of SWED, Inc. in Wicomico County that provided data regarding current economic conditions, recruitment efforts during the past year and the importance of “resident” industry. Stating that current indicators identify manufacturing, education and health as the driving forces in our economy, diversification of our local economic base can be our greatest strength. Mr. Ryan and Mr. Ed Urban both addressed the importance of the local Manufacturer’s Tax Exemption in relation to local

economic development. Mrs. Prettyman stated that the Council needs to review its

incentives to encourage economic growth. Mr. Dashiell affirmed Council’s partnership with SWED and the creative processes that will attract business to our communities.

PLANNING, ZONING & COMMUNITY DEVELOPMENT

John Lenox, Director, and Gloria Smith, Planner, came before Council to submit a proposed text amendment to the Wicomico County Code. The amendment would permit warehousing-mini-storage facilities in the C-1 Select Commercial Zoning District and contains specific definitions for mini-storage operations. The proposed amendment was reviewed by the Planning/Zoning Commission and received a favorable recommendation to the County Council to introduce legislation. Mr. Robert Culver, who referred to several multi-family housing developments planned for the Pemberton Drive-Culver Road area, submitted the original request to Planning and Zoning. Mrs. Prettyman asked whether such legislation would in essence change the use within the C-1 Select Commercial District; Mr. Lenox responded that an amendment would change the text of the District but would not change the designation. It would, however, allow an interested party to apply for a special exception within the District. Mrs. Prettyman received clarification that under the current Code text, a special exception could not be considered; however, introduction of such an amendment would allow the Planning Commission to approve or disapprove; Mr. Lenox confirmed her statement. There was further discussion regarding the number of residences that might be affected and whether residents have been notified. Mrs. Prettyman then motioned to table the topic, which received a second by Mrs. Bartkovich. President Sarbanes then called for a roll call vote, as follows: Mrs. Bartkovich, aye; Mr. Long, no; Mr. Dodd, aye; Mr. Sarbanes, no; Mr. Taylor, no; Mrs. Prettyman, aye; Mr. Dashiell, no. The motion did not pass. Following the vote,

Mr. Long reiterated that he had confidence in the Planning Commission’s review and recommendation. The County Attorney remarked that Council had options available to them: no action; or Council could call a public hearing to receive input and decide whether to introduce the legislative bill; or to proceed with introduction of the bill, hold a public hearing, then determine ultimate action upon the bill. Mr. Dashiell then motioned to introduce the Legislative Bill, subject to the normal public hearing. Mr. Shea reminded Council that no action need be taken during this presentation; that any action should take place during Legislative Session (scheduled for later in the meeting). Mr. Dashiell then withdrew his motion. It should also be noted that the County Attorney will send a letter of explanation to the affected property owners (residential).

Todd Annexation: Mr. Lenox advised that the City of Salisbury has received an annexation petition for the area designated “U.S. Route 50 West – Todd Annexation”

(Rt. 50 and Boundary Street – Salisbury Animal Hospital). Recommended designation under the City of Salisbury Zoning Code is General-Commercial; the property is currently zoned I-2 Heavy Industrial. Final action by the City Council is scheduled for March. Mr. Long motioned to provide Council’s consent to the City’s proposed designation. The motion was unanimously approved.

Call for Legislative Session: On motion of Mr. Dashiell, Council approved convening Legislative Session. Edgar A. Baker, County Attorney, briefly explained a change in procedures affected by adoption of the new County Charter, wherein County Council has the ability to utilize each Executive Session as a Legislative Session. Mr. Baker proceeded to introduce each Legislative Bill (please see addendum to Executive Session Minutes).

PUBLIC COMMENTS: NONE

COUNCIL COMMENTS: NONE

Mr. Long then motioned that by authority of Section 10-508a of the State Government Articles of the Annotated Code of Maryland, Council enter into closed session at

1:15 p.m. Council concurred and the meeting was adjourned.

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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