Wicomico County, MD
Council Minutes
February 7, 2006
The County Council of
Wicomico County, Maryland met in Executive Session on Tuesday, February 7, 2006
in Council Chambers,
President Sarbanes brought
the meeting to order. Calling for any
additions or corrections and there being none, the Minutes of January 17, 2006
were accepted as submitted.
Proclamation: Council member Taylor presented a
Proclamation to Mrs. Mary Ashanti, President, NAACP, recognizing Black History
Month.
ADMINISTRATIVE DIRECTOR
Theodore E. Shea, II,
submitted the following items of business:
Request for Appointment: Robert G. Corbin, Director, Lower Shore
Workforce Alliance, submitted an updated list of its Board members and is
requesting a Council appointment to represent the Private Health Care Sector of
the Board. Following a brief discussion,
Council instructed staff to advertise the vacancy so that the general public
would have the opportunity to express interest in being considered.
Request for Zoning
Designation: Mr. Shea invited Gloria
Smith, Planner, Planning & Zoning, to review two rezoning requests for
Council’s consideration.
Mrs. Smith provided an
overview of a proposed annexation by the City of
The second proposed
annexation by the City is referred to as
B & W Real Estate and
consists of three lots totaling 1.26 acres. The lots contain three existing
structures: two single-family dwellings and one duplex. The request for proper zoning designation has
been reviewed by the Planning Commission.
That body recommends an R-8
Residential zoning upon annexation by the City. In response to Council questions, Mrs. Smith
stated that any change to current use is not anticipated and that all
referenced units require City water and sewer service, which would generate a
demand of approximately 800 gallons per day for the existing development.
Mr. Taylor motioned to
approve the recommendations of the Planning Commission; the motion received a
second by Mr. Long. Mrs. Bartkovich
expressed her concerns regarding capacity and requested written confirmation of
capacity availability from the City of
Plan, but could not confirm
at this moment. Mr. Long responded that Hebrew Quality Investment site falls
within the Quiet Acres urban service district, making water service readily available.
Mr. Baker stated that City lines are in the area, so the County would not
require an amendment. Mr. Taylor added
that the City has offered all residents in the urban service district the
opportunity to tie into the water service. With discussion concluded, Council
unanimously approved the motion.
Fruitland -Proposed
Annexation: Mr. Shea referred to
information from Andrew C. Mitchell, Jr., Attorney for the City of
Mr. Shea asked Mr. Baker if
the County could dictate to the City of
Mr. Sarbanes suggested that
such a letter might be sent to all municipalities. Mr. Baker concluded that since the
notification was received on February 2, the 30-day requirement was most likely
met; therefore, there would be no need to bring up the issue. At Mr. Shea’s inquiry, Mr. Baker reiterated
that the City of
Tri-County Council:
Mr. Shea advised that Council
is asked to approve a Resolution authorizing the continuation of an agreement
between the Tri-County Council for the Lower Eastern Shore of
In addition, Michael
Pennington, Executive Director, is requesting Council to consider the
implications of the change in government to take place later this year. By law, five Council members are required to
serve on the Tri-County Council. Mr.
Pennington proposed that if Council chooses to have the
the wording should be “shall
be”; Mr. Long agreed and amended his motion, which received an amended second
by Mr. Dodd. Council unanimously approved the amended motion to request changing
the Bylaws to reflect that “four Wicomico County Council members and the
Appointment: Michael S. Thompson, Director, Human
Resources, has submitted a request for reappointment of Robert L. Moore to the
Employees’ Retirement Investment Trust.
The term of Ron Philpot, representing County employees, is also due to
expire. Mr. Shea and Mr. Thompson
briefly explained that any County employee is eligible to be nominated and that
all employees are given the opportunity to participate in the election
process. On motion of Mr. Dashiell,
second by Mrs. Prettyman, Council unanimously approved the reappointment of Mr.
Moore as requested.
LGIT Grant: For information purposes, Mr. Shea referred
to a $4,800 grant application to Local Government Insurance Trust for driver
education training. The grant was awarded;
however, the course site has been moved to
DEPARTMENT OF FINANCE
Patricia B. Petersen,
Director, submitted the Contingency Report, reflecting one transaction since
the last meeting, in the amount of $12,620 to the State’s Attorney’s Office,
leaving a balance of $954,180.
Permits to Operate: On motion of Mr. Dashiell, second by Mr. Dodd,
Council unanimously approved Permits for 13 Holiday Express Plaza, LLC and
Christina’s Psychic Shop, GNI Properties, Michael Marks.
Mardela Springs Volunteer
Fire Department is requesting funds from its Capital Incentive Sinking Fund in
the amount of $32,000. The Fire
Department has submitted the required proof of matching funds. On motion of Mr. Long, second by Mr. Taylor,
Council unanimously approved the request.
Both the City of
Referencing $4,720 grant
funds obtained through Local Government Insurance Trust, Mrs. Petersen
requested authorization to allocate this unanticipated revenue to Human
Resources for driver education training.
On motion of Mr. Taylor, second by Mr. Dashiell, Council unanimously
approved the request as submitted.
Mrs. Petersen addressed a
situation regarding a manufacturer’s tax exemption request.
She explained the request
involves five business entities, with VPI, LLC and DKR (a related company)
leasing equipment to other related entities.
Ultimately, and through certain acquisitions, Spartech Plastics now has
all of the leased equipment in its operation.
During this process, spanning a period of more than two years, the State
of
extension of a manufacturer’s
tax exemption, but Council chose not to take action until clarification could
be obtained from the State. The State
confirmation letter was received by the Finance Department, but was not brought
back to Council due to an oversight.
Mrs. Petersen concluded that after exhaustive research, it was confirmed
that all of the entities involved were or are eligible for the exemption. She recommends that Council grant the
exemption to Spartech and grant and/or reaffirm the exemption to VPI, LLC and
DKR for its leased equipment prior to Spartech’s purchase of same. Mrs. Petersen pointed out that since the
equipment is the same, this should not be considered a retroactive exemption;
rather, a transfer of the exemption from entity to entity; and to correct the
error when the results were not again presented to Council. On motion of Mr.
Taylor, second by Mr. Long, Council unanimously approved Mrs. Petersen’s
recommendation.
Auditor’s Report: Mr. Mike Kleger, Partner, Kathleen Robbins,
Manager and Megan Smith, Staff Accountant, Pigg, Krahl & Stern, came before
Council to present and review the County’s 2005 Financial Audit. Mr. Kleger
explained that standard accounting practices require the auditors to express an
opinion of the financial statements and requires a report on internal controls
over financial reporting matters and compliance matters. The report reflects a material weakness
related to the recording and accounting of real estate, personal property and
business taxes, due to implementation and training issues surrounding new
software put in place last year. It
should be noted however, those problems have been resolved subsequent to year-end.
The auditing firm took considerable additional time to research, test and
review the tax area and is now comfortable that the software system is
generating accurate information.
Other highlights included:
1) General Fund cash balance
which has increased from $16.5 million in 2004 to $25.9 million in 2005,
attributable mainly to increased income tax revenues and recordation tax over
budgeted amounts.
2) Fund Balance (or equity)
increased from $17 million to $26.6 million. Years 2004 and 2005 were exceptionally
strong years for income and recordation tax revenues. In addition, the County has closely monitored
general fund spending increases to about 2.5% per year over the past three
years.
3) 2005 General Fund revenues
have exceeded expenditures by $9.6 million, as compared to $6.7 million in
2004. Revenues increased by $5.8 million
between 2004 and 2005.
4) Special Revenue Funds for Roads Division,
which were reduced in 2004, are now at 2003 levels. Governmental grant revenues earmarked for
public safety, social service programs and recreation and culture, increased by
$3 million.
5) The former
Kathleen Robbins also
reviewed General Fund expenditures by type: a total of $53.3 million in
expenditures increased by 2.8% over the previous year. Expenditures and other uses by category
reflect an increase of 2.72%, from $98.7 million to $101.4 million.
Council member Prettyman
posed questions regarding the Enterprise Fund established for Recreation, Parks
& Tourism, a chart of inter-fund transfers, statements on the County
pension and retirement plans and public safety budget compared to actual. Mrs. Prettyman, Mr. Kleger and Mrs. Petersen
also discussed the Balance Sheet as it relates to the carry forward balance as
of June 30. Mr. Kleger responded that
the available, unrestricted/undesignated fund balance total is $13 million and
may be spent as Council deems appropriate. Mrs. Petersen also explained that of
this amount, the Finance Department requires at least a $6.5 million unrestricted
availability to operate the County. There
was additional discussion regarding the difference between the County’s reserve
fund and general fund monies. Mrs. Prettyman
remarked that Council should discuss the manner in which the additional revenue
would be used and/or retained.
Mrs. Bartkovich inquired as
to the cost of the additional hours invested by the auditing firm to review the
financial management software and whether this expense is included in the
Finance Department’s current budget.
Mrs. Petersen stated that this expense could not be absorbed by the
department’s operating budget. Mr. Long
stated he is pleased to see the results of requiring zero-based (flat) budget
requests by the County departments over the past three years; Mr. Kleger
agreed. Mr. Dashiell thanked Mrs.
Petersen,
At Mr. Sarbanes’ inquiry,
Mrs. Petersen reported that the Roads Division restricted reserve fund totals
about $3.4 million. Mrs. Prettyman
called attention to the fact that Recreation, Parks & Tourism’s 2005 net
revenue would be retained by to help establish its new Enterprise Fund (would
reduce the $13 million fund balance by $152,000).
Mrs. Petersen gave Mrs.
Bartkovich a breakdown of the additional auditing cost of $17,000; the
department has $4,095 to assist in payment, leaving $12,905 to be transferred
from Contingency. Mr. Long motioned to
approve said transfer; Mrs. Prettyman provided a second and Council unanimously
approved the motion.
In conclusion, Mrs. Petersen
brought attention to the auditors’ recommendation that another accountant is
needed in the Finance Department.
PUBLIC HEARING
John R. Redden, Deputy
Director, Dept. of Public Works, conducted a public hearing whereby the
Wicomico County Council would hear public comments regarding a proposed
amendment to the Wicomico County Water and Sewer Plan, to allow the inclusion
of two residential developments. One
development will be located at the corner of U. S. Route 13 and
Mr. Sharma added that the
Town of
Mr. Sarbanes called for
public comments for the development located at Route 13 and
Mr. Sarbanes then called for
Council comments. Council member Long remarked
that the Commission is seeing more of these types of water/sewer systems included
in development plans; he asked if the County needs to have a plan in place in
the event of plant failure. Mr. Sharma
stated the only existing water plant serves Steeplechase; he had recommended
that a “sinking” or maintenance fund be established and paid by the
residents. Consequently, a cost was determined,
including a built-in inflation factor, and the fund was created. He is recommending that the same type of fund
be established with future water/sewer plants.
If a system should fail, the County would take over its maintenance and
repair, but funds (under the control of the County) would be available,
thereby, not placing the burden on other taxpayers.
Mr. Sharma recommends that
future Homeowners Associations with this system should hire a professional to
monitor the plant. Mrs. Bartkovich suggested
that the referenced agreement should be made part of the Planning Commission
approval. Mr. Baker and Mr. Sharma both
stated that is already in place. Mr.
Dodd, who is an advocate of County involvement in water and sewer issues,
suggested the County have some oversight in the professional operation of such
plants. He feels this is a move in the
right direction, when municipal water and sewer services are not available. At
Mrs. Prettyman’s inquiry, Mr. Sharma again referred to the agreements between
the County and the Developer, which gives the County the authority to monitor
the reports generated by the operators.
Mr. Sarbanes added that
Maryland Environmental Services has an excellent reputation, that the proposed
systems are very technical. Mr.
Dashiell added that the County has instructed developers what is expected of
them and is a better alternative to individual septic systems. On motion of Mr. Dodd, second by Mr. Taylor,
Council unanimously approved the Water and Sewer Plan amendment as requested.
Mr. Sarbanes called for
public comments regarding the Stage Road development, however, no comments were
offered. There were no Council
comments. On motion of Mr. Taylor,
second by Mr. Dashiell, Council unanimously approved the amendment as requested.
Improvements to intersection
of
Mr. Taylor, Council
unanimously approved both requests as submitted.
Amnesty Day: The Solid Waste Division is planning its
annual Tire Amnesty Day for this spring.
Speed Limit Reduction: The department has received a request from
residents of
DRUG COURT PROGRAM
Circuit Court Judge Kathleen
Beckstead, Cherie Meinschein, Coordinator for the
RECREATION, PARKS &
TOURISM
Revised Harbor
Regulations: The proposed regulations
have been reviewed and recommended by the Recreation Commission for approval by
Council. Mr. Mackes discussed the
various changes within the Regulations, including berth rates and the size of
marine vessels acceptable for docking at County marinas. On motion of Mr. Long, second by Mr.
Dashiell, Council unanimously approved the requested revisions.
Jetty Restoration: As an update, Mr. Mackes reported that
Federal funds in the amount of $250,000 have been approved in the President’s
budget to address the failing jetties at
Licenses: The Recreation Commission is forwarding a
favorable recommendation to Council for the approval of the following one-day
alcohol licenses for events to be held at County parks:
April 21, 22, 2006: Pork in the Park Barbeque Festival, sponsored
by the department at
May 20, 2006: Lawn Tractor Races, sponsored by the
department at
Sept. 16, 2006: Annual Crab Feast sponsored by Wicomico
Republican Club at
On motion of Mrs. Prettyman,
second by Mr. Taylor, Council unanimously approved the three requests as
submitted.
Land Preservation and
Recreation Plan: Council was presented
with the Wicomico County Land Preservation and Recreation Plan. Mr. Mackes advised Council of scheduled
public hearings on February15, 2006 highlighting land preservation and
conservation, with a second public hearing on February 21, 2006 to review and
discuss active recreation and facilities.
Copies of the Plan may be located at the Library, Planning and Zoning
Office,
Once approved by Council,
this Plan will become a part of the County’s Comprehensive Plan.
Mr. Dodd wished to compliment
PUBLIC COMMENTS
Ms. Karen Basile thanked
Council for its stewardship of County funds, asked them to remember school
needs during its discussion of impact fees and implement it as soon as
possible.
Ms. Donna Haddock, resident
of Mardela, spoke to Council about her concerns for students attending
Mr. Vaughn Catlin, Mardela
resident, referred to a petition recently given to Council, requesting more
signage and speed limit reduction for the road in the vicinity of Northwestern
Elementary. Mr. Catlin has spoken to the
State Highway Administration about residents’ concerns, but has been told the
road does not meet the criteria for additional signage. He also referred to the necessity for a
larger parking lot so parents would not be parking on the edge of the
road. He asked for Council support for
this problem with the State Highway Administration.
At Mr. Sarbanes inquiry, Mr.
Sharma confirmed that the road in question is maintained by the State; he said
if SHA approached him, he could suggest a few options with signage.
COUNCIL COMMENTS
Mr. Taylor spoke to Mr.
Catlin’s concerns and stated that appealing to the public, to make them more aware
of the serious nature of the problem, would help.
Mrs. Bartkovich expressed her
concern regarding an RFP for medical care at the
Mr. Dashiell said he
appreciated Ms. Haddock’s comments about the conditions at Northwestern
Elementary and is of concern of the Council, the school board and parents when
children are cold or hot. Her concern is
fully understood and thanked her for coming today to keep everyone mindful of
the needs of the students. He also
wanted to congratulate Mr. Taylor on his special accomplishment of having a
book published.
Mr. Dodd thanked everyone for
attending today’s meeting and thanked Ms. Haddock for being an advocate for
children. He also wished to acknowledge
Mr. Sarbanes referenced the
recent City of Salisbury-Wicomico County event to celebrate water and sewer
extension service to
Mrs. Prettyman also wished to
thank Ms. Haddock for sharing her concerns with Council today and stated she
would like to have a conversation with her.
Council is having a
work session today regarding
impact fees, hopefully to move the process forward in a timely manner. Mrs. Prettyman asked Mr. Baker for more
information on a memo in the brief book; Mr. Baker responded that the memo
refers to the status of ongoing litigation; this information was shared with
the Board of License Commissioners.
On motion of Mr. Dodd,
Council unanimously approved adjournment of Executive Session.
__________________________________
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