Wicomico County,
February 15 , 2005
The Wicomico County Council
met in Executive Session on
10:00 a.m. in Council
Chambers, Government Office Building, Salisbury, Maryland. Present were 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 called for a motion to approve the Minutes of February l, 2005. On motion of Mr. Long, second by Mrs. Bartkovich and unanimously carried, the Minutes of February 1, 2005 were approved as written.
ADMINISTRATIVE DIRECTOR
Theodore E. Shea, II, Administrative Director presented the following items of business for Council’s consideration:
The Salisbury Jaycees request County funds in the amount of $4,000 toward its July 4th 2005 Fireworks Celebration. Council recalled during last year’s budget session the Jaycees were asked to seek alternate funding sources. Mr. Dodd proposed that Council consider appropriating this year’s request from the Tourism Budget. Further discussion suggested the Jaycees also seek State grants. Council then agreed this patriotic event is important to the citizenry of Wicomico County and, on motion made by Mr. Dashiell, seconded by Mr. Dodd and unanimously carried, an appropriation in the amount of $3,000 from the Tourism budget was granted. The Jaycees will be advised of the appropriation with instruction to direct future requests to Tourism and to continue seeking alternate funding sources.
The following Proclamation was presented by Councilman Taylor and accepted by Pastor M. Luther Hill, St. James A. M. E. Zion Church.
WHEREAS: Reba
Winder was born February 28, 1905 in Laurel Delaware to the union of Walter
Albert and Minnie D. Walker and moved to Wicomico County, Maryland at the age
of five; and
WHEREAS: Reba
Winder has observed multiple inventions, wars, the exploration of space, the
Civil Rights Movements and was granted the right to vote, she has witnessed the
reign of seventeen Presidents of the United States; and
WHEREAS: Reba
Winder has been a life-long member of St. James African Methodist Episcopal
Zion Church, Mack Avenue, Salisbury, Maryland, where she served in various capacities
under the leadership of the late Reverend Dr. Charles Henry Mack for more than
fifty years and where she is currently visited and ministered to under the
Pastorate of Reverend M. Luther Hill; and
WHEREAS: Reba Winder joins but a few Wicomico County residents who attained this historical occasion of celebrating 100 years of life and becomes the oldest living member of her church and surrounding community.
NOW THEREFORE BE IT RESOLVED that, February 28, 2005 be and is hereby
proclaimed,
“REBA WINDER DAY” IN
WICOMICO COUNTY, MARYLAND
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 February, in the amount of $14,042, contingent upon Council approval. On motion made by Mr. Long, 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 February, in the amount of $158,760. Council action is not required to transfer within categories. Regarding an appropriation ($19,800) to fund inkless fingerprint scanning equipment, Mrs. Prettyman suggested the Board inquire whether funds for this equipment might be available through Homeland Security.
In accordance to a gentlemen’s agreement to make transfers between categories under $1,000, the Board reported transfers for the month of February in the amount of $2,090. No action is required.
Robert Bryant, Director, requested permission to submit application for the second grant to cover the remaining Federal Aviation Administration (FAA) Airport Improvement Project (AIP) eligible costs, for the relocation of the Chesapeake Airways business inventory. On motion made by Mr. Dashiell, seconded by Mr. Taylor and unanimously carried, Council granted approval.
Councilman Taylor was not present during discussion of the next agenda item and is not recorded as voting.
House Bill 161 would allow the Liquor Control Board to conduct periodic wine sampling and tasting in Wicomico County, Maryland at dispensaries, similar to private corporations selling beer and wine. Mr. Long motioned for approval. Mr. Dashiell seconded the motion; Mrs. Prettyman voted no, Mr. Taylor was not present. On a vote of five to one the motion was duly carried to support House Bill 161.
For information purposes, Mr. Shea advised House Bill 162 – AN ACT concerning Wicomico County – Alcoholic Beverages – Dispensary Reserve Fund (For the purpose of altering the reserve fund established in Wicomico County to provide working capital and meet any losses in the operation of the county alcoholic beverages dispensaries) has been introduced in the General Assembly. The Council previously endorsed the legislation. No action is requested.
Councilman Taylor rejoined the meeting at this point.
Frank Buob, Supervisor of General Services submitted an invoice in the amount of $792.19 for expenses incurred during January 2005 for the vacated Academy. Mr. Shea asked whether Council wishes invoices individually or totals for a one-time transfer. Council agreed to make one transfer. Mrs. Bartkovich expressed concern over the dollar amounts expended to maintain this vacated facility and reminded viewers the Administrative Offices would receive Letters of Interest for its re-use through February 22, 2005. Interested parties may view information on the County’s website or obtain it by contacting the Administrative Offices. A volunteer group will review the Letters. Mrs. Bartkovich stated she wished to attend the review to hear comments from interested groups. Mr. Shea stated the re-use of the facility must be compatible with bonds sold to fund the project. Mrs. Prettyman called attention to correspondence from Secretary Kenneth Montague, Department of Juvenile Services (DJS) advising that DJS has selected Developmental Services Group (DSG) to assist the Department in determining what type of programming is needed to provide regionalized services for youth on the Eastern Shore. She asked how this affected the County’s current process. Mr. Dashiell responded the Council should continue to move forward with alternatives to put the Academy on a more financially stable basis. Mr. Taylor advised that three of the Principles of DSG would work closely with any entity the County Council accepts. He also confirmed the State is not interested in designing the program.
Mr. Shea confirmed that annual statements were mailed on or about February 7, 2005. In response to the question that an attached letter indicates that for varying reasons all active participants did not receive a statement, Mr. Shea will seek clarification from the Director of Human Resources.
The Maryland Department of Agriculture has completed its estimate of operating costs for mosquito control in Wicomico County. Because this budget is based on a calendar rather than fiscal year, it must be submitted now in order to allow the work to begin in the spring. Mr. Shea submitted the appropriation request in the amount of $105,000. Mosquito control in the City of Fruitland and Salisbury is arranged by Agreement between MDA and the municipality. On motion made by Mrs. Prettyman, seconded by Mr. Dashiell and unanimously carried, Council approved the request.
The Department of Social Services, program administrator, requests authorization to accept annual grant funds in the amount of $24,140. On motion of Mr. Long, seconded by Mr. Dodd and unanimously carried, Council approved the request.
John Ellis, Chief Accountant submitted the Financial Report. Total General Fund balance, $104,908, Capital Project Fund balance, $35,246,502; Total Major Non-designated Funds, $54,955,337; and Total Reserve Funds of $5,044,229. Contingency amount used to date, $179,682, balance $720,318. Mrs. Prettyman noted the Rainy Day Fund is at 5.00%, compared to the previous year at 3.72%.
Highlights of
Significant Financial Transactions
Mr. Ellis reviewed the referenced report citing year-to-date figures for collected and uncollected taxes, investment interest, recordation tax revenue and enterprise account revenues through January 31, 2005.
Attention was called to the sale of bonds representing the balance of the Capital Program approved last year. The County’s Bond Counsel (Advisor) Samuel Ketterman suggested Council consider non-qualified bonds since they are less restrictive and the interest rate is the same as the more structured bank qualified bonds. (Bank qualified bonds have a capital limit of ten million dollars in any issue and must include all lease obligations of the borrower). On motion made by Mr. Long, seconded by Mr. Dashiell and unanimously carried, Council accepted the recommendation of Bond Counsel.
Bay Restoration Fund Update
Mrs. Bartkovich stated the Bay Restoration Fund is going before the legislature in the near future. The County’s Finance Director will bring this to discussion during budget deliberations, to include whether fees are billed separately or inclusive with tax bills. Wicomico County cannot bill the $30 fee for on-sight septic systems before October 1, 2005.
DIRECTOR OF PUBLIC WORKS
P. Rai Sharma submitted Resolution No. 587 for Council approval. The Annotated Code of Maryland Transportation Article Title 25 authorizes local authorities to regulate truck traffic on certain streets, roads, and highways in the County to prevent premature deterioration. The Resolution specifically requests the regulation of truck traffic on Pintail Drive and Gadwall Lane within the Lake Pines Subdivision, effective upon the posting of signs indicating that no trucks are allowed on the said roads. On motion made by Mr. Long, seconded by Mr. Dodd and unanimously carried, Council adopted Resolution No. 587.
NOTICE IS HEREBY GIVEN, in compliance with Section 22-2 (G) of the Wicomico County Code that the County Council of Wicomico County, Maryland proposes to lease to Industrial Power Generating Corporation the following described property: ALL that parcel of land situate, lying and being in the Salisbury Election District of Wicomico County, Maryland, and being located at 6948 Brick Kiln Road, within the Newland Park Landfill, containing 2.5 acres of land more or less, in the vicinity of the county flaring system, together with all necessary easements across those portions of the landfill necessary for the well, pipes and utilities relating to the collection system. The above-described property is to be leased to Industrial Power Generating Corporation for the purpose of using same to place facilities for the purpose of recycling landfill gas for a term of ten (10) years and four additional renewal periods of five years each. In addition to a nominal monetary rental of $1.00 per year, the Lessee shall enter into a Landfill Gas Purchase Agreement with the County pursuant to which the County will receive thirty cents ($0.30) per million BTUs of landfill gas used to generate electric power and ten cents ($0.10) per million BTUs of gas not used to generate electric. There were no public comments. There were no County Council comments. On motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council granted approval.
DEPARTMENT OF PLANNING, ZONING AND COMMUNITY DEVELOPMENT
The Director, Jack Lenox and Planner Gloria Smith came before Council with the following items of business:
Name: The Snow Hill Road – Causey – Carey Annexation
Applicant: City of Salisbury - Referral
Location: Located at the southeast corner of Snow Hill and Johnson Roads, westerly side of Snow Hill Road (north of Toadvine Road) The land to be annexed consists of eight parcels shown on Tax Map 48, is currently zoned R-20 Residential under Wicomico County Zoning regulations and is undeveloped with the exception of two single-family homes and a pavilion-type structure. Development plans include commercial development, mixed use residential development and a church complex.
Request: Annexation Zoning – 156.84 acres
Planning
Commission: The Planning Commission recommends R-10A Residential, General Commercial and Light Business and Institutional Zoning.
On motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council granted approval.
Name: Brown Road – Ruark Annexation
Applicant: City of Salisbury Referral
Location: Northeast of the City of Salisbury, West side of Brown Road adjoining the easterly side of the Salisbury Corporate Limits. The land to be annexed is currently zoned A-l Agricultural –Rural under Wicomico County Zoning regulations and is improved with a single family home, several chicken houses and outbuildings. Development plans include a four hundred and eighty unit mixed-use residential development containing duplex, townhouse and single-family homes.
Request: Annexation Zoning – 169.81 acres
Planning
Commission: The Planning Commission recommends R-10A Residential Zoning.
Mr. Sharma asked about exits onto Brown Road. He expressed concern for the increased traffic on the County road that must be maintained, while not designed to handle the traffic volumes. Mr. Dodd called attention to significant impacts to schools and the state-rated capacity for enrollments. Mr. Dodd motioned to table the request to obtain additional information. Mr. Taylor then seconded the motion and it was unanimously carried.
On motion made by Mr. Long, seconded by Mrs. Prettyman and unanimously carried, Council voted to enter Legislative Session. Legislative Session Minutes are separately maintained from Executive Session and are public information. With the Legislative Session concluded and on motion made by Mr. Dodd, seconded by Mr. Dashiell and unanimously carried, Council adjourned Legislative Session and reconvened in Executive Session.
DR. JUDITH SENSENBRENNER, HEALTH OFFICER
At its December meeting, Dr. Sensenbrenner came before Council regarding fee increases and exemptions for nonprofit organizations. Mr. Dashiell requested and Council concurred, that the Health Department provide Council with a list of those facilities currently receiving an exemption, those Council should consider granting future exemption and, the estimated cost of granting exemptions. Following same, a work session was conducted and a list finalized. Dr. Sensenbrenner told Council with the exception of the excluded category, the facilities are licensed and inspected (the excluded category is defined in regulation, inspected but not licensed and charged). On motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council granted approval. This will generate $10,750, which she requests be applied to the salary and fringe benefit of a part-time sanitarian. Dr. Sensenbrenner told Council the request to hire a part-time sanitarian and retain the unanticipated revenue was approved in the December 21, 2004 meeting but was not recorded in the Minutes. She requested Council reaffirm its approval. Mr. Long motioned approval; it was seconded by Mr. Taylor and unanimously carried.
Former E. S. Adkins Building occupied by Health Department
The five-year lease for the portion of the former E. S. Adkins Building occupied by the Health Department for the Women’s Infant’s and Children’s Program is up for renewal. Dr.Sensenbrenner stated that Wicomico County administers the program for the three Lower Shore counties. She reported the landlord is responsive to the department that the site is well located for easy transportation and, the landlord is willing to extend the current lease at the current rate for three months to make the lease agreement coincide with the fiscal year. Dr. Sensenbrenner stated she anticipates enough surplus in FY 2005 to cover the rent for the remaining months and, at this time has identified a rent and utilities shortfall in FY 2006; which she has narrowed to approximately $5,600 through an appeal to the State for funds that were initially not available. She feels the possible shortfall will be resolved by the end of the year and if it does not, the Health Department will most likely have enough in the surplus budget from Wicomico County to rollover. The Director of Finance advised, with Council approval, rents could be paid in advance for next year out of this year’s surplus. Mr. Baker advised a public hearing is required before approval of the lease however it was brought before Council because of the funding. To that end, the public hearing was set for March 15th.
DEPARTMENT OF RECREATION, PARKS, TOURISM AND CIVIC CENTER
Gary Mackes, Director, came before Council to continue discussion regarding improvements to the Civic Center and revenue streams. Advisory Board members, Ed Urban, Mike Delano and Wayne Strausburg joined Mr. Mackes to report the consensus of a meeting consisting of Civic Center staff, tourism shareholders, hoteliers, restaurateurs and attraction operators. Following are recommendations and group consensus: (1) Raise the room tax by 1%, generating an approximate $145,000. Hoteliers were specific that the funds generated by the room tax be applied to underwriting initiatives to generate increased tourism traffic or make capital improvements to the Civic Center and not deposited in the County’s General Fund. (2) The Civic Center staff recommended implementation of a seat fee or tax on tickets sold for concerts; $1 on tickets under $15 and $2 on tickets over $15; yielding $100,000/yr. on ticketed events. (3) Establish a fee on tradeshow organizer to fund needed repairs. This option requires more analysis; staff will arrange a meeting with trade show organizers to exchange ideas and concerns. (4) Apply revenue generated from the aforementioned sources to a State Capital Bond on a 50/50 match. Mr. Urban stated his goal is to make the Civic Center a revenue producer rather than a tax-user.
President Sarbanes suggested the room tax receive immediate consideration and allow further review on the remaining recommendations. Mrs. Prettyman asked specific questions to which Mr. Mackes responded, such as the amount of the proposed increase (room tax) and projected revenue to be generated. Messrs. Long, Dashiell and Taylor expressed support for the room tax and agreed to continue looking at other recommendations. Mr. Dodd stated he was not overly concerned with a one percent increase, he is aware that some hotels are up to seven percent. Mrs. Bartkovich expressed support for a Capital Account to maintain the Civic Center. Following Council comments, President Sarbanes concluded that Council members were in agreement to support a 1% room tax and that the majority supported facility renovations. Mr. Shea reminded Council the local delegation would have to be contacted in order to enact a room tax or seat fee. Mr. Mackes stated the idea is to leverage the room tax to borrow money and, have the funds earmarked for both Civic Center improvements and Tourism Operating. Mrs. Prettyman stated if she were to support the room tax, any revenues generated would have to be used for infrastructure needs at the Civic Center. Mr. Urban added, infrastructure needs exceed $5-6 million; the one percent on a hotel tax would be insufficient to fulfill this. Following discussion, on motion made by Mr. Long, seconded by Mr. Dashiell and unanimously carried,
Council voted to request that the Maryland Legislature provide authority to increase the room tax by one percent and to request enabling legislation to impose a seat fee if Council so desires. In addition, Council members agreed to seek assistance at the State level.
Mr. Mackes, joined by Charles Rousseau, Civic Center Building Manager, John Terrell, Deputy Director, and Gains Hawkins, U.M.E.S. Public Relations Officer gave Council an overview of a disturbance at the Civic Center during a musical ticketed event. The staff of the Civic Center met with appropriate parties, including law enforcement to discuss this experience and determine how to avoid future occurrences.
PUBLIC COMMENT
Demolition and Removal of Odd Fellows Hall
Mr. Russell Cooper, resident, asked specific questions regarding a property in Wetipquin, Maryland known as the Odd Fellows Lodge, to which the County Attorney provided responses.
Mr. Cooper complimented the Roads Engineer for his accomplishments during recent snows.
Mrs. Bartkovich called attention to correspondence advising that last year was the end of the Firemen’s Muster in Wicomico. She expressed appreciation and thanks to the firemen for their team participation over more than twenty-three years.
Mrs. Prettyman wanted to ensure that local fire companies had received grant information from Senator Barbara Milkuski’s office. Mr. Dodd confirmed they had. With regard to the County Attorney’s list of pending litigations in the County, not all Council members received the information. Mr. Baker will provide additional copies.
There being no further business to come before Council, on motion made by Mr. Dodd and unanimously approved, the meeting was adjourned to reconvene in an open work 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