Feb 17, 2004

Wicomico County, MD
Council Minutes
February 17, 2004

The Wicomico County Council met in Executive Session on Tuesday, February 17, 2004 at 10:00 a.m. in Council Chambers, Government Office Building, Salisbury, Maryland.

Anthony Sarbanes, President; Charles R. Dashiell, Jr., Vice President, 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 to amend the Minutes of February 3, 2004. The amendments were unanimously accepted on a motion made by Mrs. Bartkovich and seconded by Mr. Dodd and are so noted in the original minutes.

At its last meeting the County Council read a Proclamation in recognition of Black History Month. Mr. Taylor felt it appropriate to read the Proclamation again, with a representative from on of the County’s organization accepting it. The Proclamation was read into the Minutes and accepted in the community’s interest by Mrs. Mary Ashanti, President of the Wicomico County Chapter of the NAACP. Mrs. Ashanti assured Council she would share the Proclamation with other organizations throughout the County. In addition, she invited Council members and the public to attend the Black Heritage program at St. Paul A.M.E.Zion Church, Salisbury, Maryland, February 29^th where the Proclamation will be included in a historical book.

PROCLAMATION

By the County Council of Wicomico County, Maryland

WHEREAS, upon finding that history books largely ignored the black American population, which has been in America at least since Colonial times, or included them in ways that reflected the inferior social position to which they were assigned, Dr. Carter G. Woodson, the son of former slaves, took on the challenge of writing black Americans into the nation’s history; and

WHEREAS, Dr. Woodson launched Negro History Week as an initiative to bring national attention to the conditions of black people throughout American history, choosing the second week of February because it marks the birthdays of two men who greatly influenced the black American population—Frederick Douglass and Abraham Lincoln; and

WHEREAS, February has much more than Douglass and Lincoln to show for its significance in black American history, including the birth of civil rights leader and NAACP co-founder W.E.B. DuBois; passage of the Fifteenth Amendment granting blacks the right to vote; the oath of office being given to the first black U.S. Senator, Hiram R. Revels; the founding of the NAACP by a group of concerned black and white citizens in New York City; a sit-in by Greensboro, N.C., college students at a segregated Woolworth‘s lunch counter, marking a civil-rights movement milestone; and the assassination of Malcolm X, a militant leader who promoted Black Nationalism; and

WHEREAS, Americans have recognized black history annually since 1926, first as “Negro History Week and later as “Black History Month;”

NOW, THEREFORE, be it resolved by the County Council of Wicomico County, Maryland, that February 2004 be, and hereby is, proclaimed Black History Month in Wicomico County

And call upon all citizens of Wicomico County to join us in celebrating a history that is an intricate weave in the fabric of American history itself and, indeed, of much of the world at large, and to understand and appreciate the larger importance of that history as a means to bring all peoples together.

Mrs. Prettyman called attention to a letter from Douglas Gosnell, President of Sharptown Council regarding sub-stations and, if he had received a response. . Mr. Shea recalled the letter being forwarded to the Office of the Sheriff for response however he will confirm the status.

ADMINISTRATIVE DIRECTOR

Theodore E. Shea, II, submitted the following items for Council’s consideration.

Board of Education Budget Transfers: The Board of Education gave its approval to make transfers of funds between major categories of its approved Annual Budget for fiscal year 2003-2004 for the month of February, in the amount of $241,216; contingent upon Council approval. On motion made by Mr. Long, seconded by Mr. Dodd and unanimously carried, Council authorized the transfers.

The Board approved transfers of funds under $1,000 between

categories of its Annual Budget for fiscal year 2003-2004 for the month of February, in the amount of $2,977, in accordance with a previous Council’s gentlemen’s agreement. No action is required. The Board also transferred funds within the major categories of its Annual Budget for fiscal year 2003-2004 for the month of February, in the amount of $3,390. Council action is not required to transfer within categories

Two-day Alcohol License: The Wicomico County Recreation Commission submitted a favorable recommendation for the issuance of a two-day alcohol license in conjunction with the first annual Pork in the Park Barbecue Festival and Competition, WinterPlace Park, April 23 and 24, 2004. On motion made by Mrs. Prettyman, seconded by Mr. Taylor and unanimously carried, Council approved the request.

Wicomico County Board of Zoning Appeals – Appointment and Resignation: Mr. Richard Thomas, whose term officially expires April 2004, has submitted his resignation due to other obligations. The Board is scheduled to reconsider the Edwin Lewis case, acted on by the Board in 2001 and appealed by the applicant. The County Attorney advises that if possible, the original Board members be present for the reconsideration. David Ennis, who served as an original member has expressed a willingness to be reappointed. Based on his previous experience the Board recommends that he complete the term of Mr. Thomas. On motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council appointed David Ennis to complete the term of Richard Thomas.

Old Ocean City Road –Farlow Farm Annexation: Mr. Shea recalled in May 2003 Council approved R-10A Residential Zoning for the aforementioned property, upon annexation to the City of Salisbury with the recommendations that the Comprehensive Development Plan be submitted for Salisbury Planning Commission review and approval and, a traffic study be prepared and submitted for review by the Wicomico County and Salisbury Public Works Department. The City of Salisbury is reconsidering the annexation with the addition of two parcels, 110 and 104, which includes parcel 429. All other requests remain the same. Mr. Long recalled the concern over traffic exposure for Parker Road, and that it has been addressed in the new development plan. He also added that the two additional parcels resulted from seeking concurrence of individuals in the area. On motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council granted approval. Mrs. Bartkovich called attention to the extension of municipal services and the time frame in which the development would occur. Planning Director Jack Lenox stated the intention is to extend service at the beginning of the development. He suggests the access to City water and sewer is coming in from Old Ocean City Road and the only connection that can be made to the Northeast Corridor is if the County agrees to convey the property.

DIRECTOR OF FINANCE

Patricia B. Petersen, Director, submitted the Statement of Latest Investment Rates/Balances for all County Funds reflecting the following balances: General Fund Balance, $3,001,886; Capital Project Fund, $30,218,848; Total Major Non-designated County Funds, $49,660,165; Total Designated Reserves $4,799,490. Contingency amount used since the last meeting, $38,197, balance $896,925.

Permits to Operate: Mrs. Petersen submitted three permits to operate hotel/motel establishments. The applicants have met required inspections, paid taxes and permit costs: Om Sai, Corporation t/a Economy Inn, Salisbury Boulevard LLC t/a Ramada Inn; LMBLLC t/a Delmarva Inn and Conference Center. On motion made by Mrs. Prettyman, seconded by Mr. Dodd and unanimously carried, Council approved permits as requested.

Wicomico Nursing Home: Mrs. Petersen offered to address any questions or concerns Council might have regarding the Nursing Home’s Interim Financial Report and Cash Flow Coverage Ratio. There were no inquiries.

John Ellis,

Chief Accountant presented Highlights Significant Year-to-Date Transactions, together with supporting graphs.

Westover Hills Lighting District: Council member Taylor recalled that two years ago Council was approached to establish a lighting district in the Westover Hills area. Following several meetings in this community the district was established by obtaining consent from the majority of citizens in the area. However, residents were not receiving monthly bills for the lighting and have now received a bill with retroactive payments for a 24-month period. Mr. Taylor was perplexed to know why residents were not receiving bills, as the total sum creates financial hardships. Mrs. Petersen came before Council to explain the difficulties the Finance Department had experienced in trying to bill out these invoices, including (1) verifying that Conectiv was billing the County before we began to bill residents, (2) the financial management system was incapable of creating the bills or recording the information in the system, and (3) settling the legal question as to whether we could bill in advance to ensure no problems with land transfers (if advance billing was not done, it is likely deed transfers could have been signed without being able to verify whether all debts were paid). These problems have recently been resolved, and the County's new Financial Analyst has been able to determine how Conectiv was billing (bill was included in another County bill), and she transferred the Access database into an Excel spread sheet and was able to merge data to send out a bill. Mr. Taylor stated that he now understood what happened, and concluded that residents thought they were being billed, were not, and have now received a retroactive 24-month bill. He stated residents should have received notification 24 months ago to advise them there was a problem. Toward that end, Mrs. Petersen expressed her willingness to send out letters of explanation to the residents and work out payment schedules, if necessary. Mrs. Petersen added that the letters would be sent to the property owner, not the renter.

DEPARTMENT OF PUBLIC WORKS

Lighting District: P. Rai Sharma, Director, responding to an inquiry by President Sarbanes recalled interests in the Kelvington Avenue area of Salisbury to establish a lighting district. Mr. Sharma had conversation with the person spearheading the inquiry to provide cost estimates. She will advise property owners and when a conclusion has been reached, Mr. Sharma will be contacted.

Frost Damaged Roads: Mr. Sharma reported that recent weather conditions have gravely impacted road conditions in Wicomico County. He submitted for Council review, a list of frost damaged roads needing immediate attention; costs are estimated at $926,252. Mr. Sharma stated that budget cuts at the State level, deferment of work and substandard base of roads not designed for today’s traffic, have accelerated the deteoriation. Mr. Sharma told Council he has managed to put aside $250,000/annually over the past five years into the Road Reserve Fund and to date the fund has $1.9 Million Dollars. He requests to use these funds for road improvements. Mr. Dodd asked how long it would take to replenish the reserve once the funds are depleted. Mr. Sharma responded that the restoration is immeasurable primarily due to budget reductions at the State level. Mr. Dodd motioned for approval and it seconded by Mr. Taylor. President Sarbanes pointed to the types of problems the County will face with the reductions in funding on transportation at the State level and the County’s inability to raise revenue as the result of the Revenue Cap. Mr. Dodd commented the Governor has proposed to increase the tag fee, which should help road improvement funding. Mr. Sharma told Council the County Engineers Association through the Maryland Association of Counties, is campaigning that State Legislators restore funding to local governments; Wicomico County experienced a $2 Million Dollar reduction. The motion was unanimously carried.

ADMINISTRATIVE DIRECTOR

Mr. Shea advised that he was contacted by Delegate D. Page Elmore regarding Council consideration of House Bill 545; applicable to Special Taxing Districts. Two items of interest to the Delegate that were, additions to the particular section of the law that speaks to imposing user fees and, being able to adopt Special Taxing Districts without the issuance of Bonds. The County Attorney was consulted and together with Mr. Shea determined there was no impact to Wicomico County. Council instructed Mr. Shea to write Delegate Elmore expressing that the two taxing items are already available by this provision under State law and for this reason, Council elected to take no action with regard to the disposition of this Bill.

EDGAR A. BAKER, JR. COUNTY ATTORNEY

NOTICE OF PUBLIC HEARING: At eleven o’clock a.m. a public hearing was held to hear public comments on the proposed resolution to participate in the Maryland Small Cities Community Development Block Grant Program to expand economic development. The County proposes to apply for a $350,000 block grant, which will be utilized to renovate the former terminal building into Class A technology/manufacturing space for new industry. This renovation will accommodate “start-up” businesses, encourage economic development and create employment opportunities for low-to-moderate income people. Mr. Baker advised the Airport Commission will contribute $101,167 and the County would provide whatever administrative services and staff support necessary to administer the portion of the project for which the County is responsible.

Salisbury-Wicomico Economic Development (SWED) Executive Director, David Ryan, and Board Members Ed Urban and Finith Jernigan; Robert Bryant, Airport Manager, Salisbury-Ocean City: Wicomico Regional Airport joined Mr. Baker. Mr. Ryan recalled that Filtronic Comtek, now one of the County’s leading employers, began its operation at this site. Thermolyte transitioned from Boston, established an operation within the terminal building and relocated to the Northwood Industrial Park. Mr. Ryan confirmed the building is in poor condition and that it continues to deteriorate. It is the opinion of Airport personnel and the Airport Commission that the building is in desperate need of renovation or consideration given to demolition. As demonstrated by previous business ventures, Mr. Ryan believes that renovating the building will benefit Wicomico County and enhance economic development. Mr. Bryant confirmed that limited options remain for the building and the Airport Commission and SWED jointly wish to pursue this project. Mr. Bryant believes using the facility as an incubator will encourage business in the Air Business Center. Further, that support has been received from Maryland Aviation Administration in a $66,000 grant and, the Federal Aviation Administration is interested in adding $25,000 to the project. The project would not require any County funds.

Mr. Dashiell stated this “win-win” situation is an opportunity to enhance economic development and, and opportunity for the Airport to make use of a facility that would otherwise continue to fall into a state of disrepair.

Mr. Kenneth Holland, resident, wished to know whether the second floor of the old terminal building was still utilized by the Federal Aviation Administration (FAA). Mr. Bryant responded the second floor is a storage area for the FAA’s monitoring equipment. Their staff temporarily relocated to the new terminal building, pending renovation.

Mrs. Prettyman asked if the Airport has ever applied for CDBG funds and what hurdles are expected? Mr. Bryant responded that he was not aware of any previous funding and Mr. Ryan stated there was no liability on behalf of the Airport or Wicomico County, unless the funds are not used as appropriately. He also advised that SWED has done many block grants with a number of corporations in Wicomico County and has not experienced any problems.

Mr. Urban, referring to local ownership, opined that companies with beginnings in Wicomico County remain in the County because of local ownership. He informed Council there is an economic development planning to partner with Salisbury University to foster growth from the Science Department. As a result, the month of March will host to a technology forum to promote economic development and the possible relocation of business at the Air Business Center.

Mr. Long added that an occupant-ready facility would serve the County in its marketing effort of the Air Business Center. Mr. Ryan reiterated the facility as an incubator, will allow businesses to invests their money in production, marketing and sales, then relocate to a more permanent site.

Mr. Dodd expressed his support of the venture and asked if there were any business prospects, to which Mr. Ryan responded affirmatively. On motion made by Mrs. Prettyman, seconded by Mr. Taylor and unanimously carried, Council granted approval.

AIRPORT MANAGER

Transportation Security Administration: Mrs. Bartkovich recalled a funding concern for deputies on site at the Airport at the request of the Transportation Security Administration. Mr. Bryant advised that he has submitted the request to modify the Reimbursable Agreement and is waiting for a response.

GARY W. MACKES, DIRECTOR, DEPARTMENT OF RECREATION, PARKS AND TOURISM AND R. HUNTER NELMS, SHERIFF

Park Police: Mr.Mackes recalled discussions of whether Park Police should continue to carry a handgun. It was revealed that there is a liability for the practice to continue without training. He stated when performing this nature of work, it is paramount that the person possess a handgun. There are two areas where one can achieve certified police training; local police academy and the National Park Service; tuition for these programs is estimated at $14,000, plus salary while they are working. In his opinion, this is too costly for part-time people. Mr. Mackes told Council there are two options: 1) The Sheriff’s Office be used for all park patrol and security presence in County parks and discontinue the Park Police Program. The cost would increase from $18,585 to $61,950; requiring an additional budget appropriation of $43,365 or 2) Joint coverage of the parks by Parks Police and the Sheriff’s Office. The Park Police would not longer carry a handgun and would continue special events coverage, routine park patrols in low risk areas, weekend program coverage and harbor regulation enforcement. This arrangement would require certification and training for use of pepper spray and baton, estimated at $826 per officer. This proposal would require an additional annual appropriation of $23,985, totaling $42,860 per year. Mr. Mackes concluded a supplemental appropriation to the current fiscal year’ budget would be needed; Sheriff’s Department providing coverage, $23,760; joint coverage $14,212. President Sarbanes favored joint coverage and requested if Council should choose joint coverage, that the supplement not be taken from the Contingency Account and asks that Recreation and Parks find a funding source in their budgets until the end of the year. Mr. Dodd stated he would be more comfortable with a trained officer and would support the Sheriff’s department administering however if the consensus of the Council is to do joint coverage, he will accept. Mr. Taylor, too, would prefer the Sheriff’s Department’s administration, not the joint effort. He stated public perception could be damaged with the presence of a handgun in one area, namely “hotspots” and the absence of a handgun in another area, low risk areas. Mr. Long motioned to defer the subject to the next meeting. The motioned failed for lack of a second. Sheriff Nelms stated he is comfortable with the joint arrangement and, given the security concerns opines Mr. Mackes would have difficulty obtaining security Park Police without a certain level of protection. Mrs. Prettyman expressed concerned over the costs. Mr. Dashiell motioned to adopt the joint coverage arrangement as proposed with the additional $14,212 for the current year and that Mr. Mackes and Mr. Shea work together for a funding source. Mrs. Bartkovich seconded the motion and requested a report in April during budget deliberations, on how this is working. The motion was unanimously carried.

Appointments to Convention and Visitors Bureau Advisory Board: On motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council appointed Ellen Zinner and Donnie Waters to the Board.

Mr. Dodd wished to commend Mr. Mackes and the Civic Center staff on the success of a recent concert.

WICOMICO PARTNERSHIP FOR FAMILIES AND CHILDREN/LOCAL MANAGEMENT BOARD

Grant Reapplications: Ms. Linda Hardman, Director, presented the reapplication for two grants for Council’s consideration. C-Safe Grant – Westside Salisbury Area, is currently focuses on the Westside and receives $55,000, level funding is anticipated. This grant funds community policing, local coordination, community mobilization, Westside Neighborhood Revitalization Community and, Youth Prevention/Juvenile Intervention. Ms. Hardman shared the grant’s success with Council and feels assured the reapplication will be approved. On motion made by Mrs. Prettyman, seconded by Mr. Taylor and unanimously carried, Council approved the reapplication.

Scope and Activities Youth Strategies – Year Three: It is anticipated this program will experience a 40-60 percent reduction in funding at the federal level. Program receiving funds through this grant are: Casa Start - for substance abuse prevention projects, Family-to-Family, a systems change for foster care through the Department of Social Services; Job Start, job and life skills training; Project SIT and support services for families with incarcerated parents at Detention Center. The grant is submitted in the amount of $226,000. On motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council approved the reapplication.

Membership Recruitment: Ms. Hardman advised the Agency is aggressively recruiting members. The Board, which consists of twenty members, is looking to fill six, three-year terms. Members are being sought through a broad-based community effort; faith community, business, community leaders, and those working with youth. The deadline is March st, however it may be extended.

Citizens Review Panel: Panel reviews child abuse/neglect cases with agencies that impact the cases: law enforcement, child protective services, and medical. Files are reviewed seeking to find ways to improve services. The information is then forwarded to State. One of five Panels in the State of Maryland, a 7-15 member Panel is needed. Currently there are four members, all with expired terms. Ms. Hardman requests approval to recruit membership. On motion made by Mr. Dodd, seconded by Mrs. Bartkovich and unanimously carried, Council granted approval. On question of membership, Ms. Hardman advised Marge Lewis, Colleen Ford, James Jackson and Doris Henson are the current members. A Chair will be selected from among the members.

PUBLIC COMMENTS

Michael Dunn came before Council regarding the matter Westover Hills Lighting as it pertains to the transfer of property. This matter was discussed early in the meeting therefore President Sarbanes requested Mrs. Petersen come forward and explain the problem of billing to Mr. Dunn. Following discussion, Mr. Dunn asked Council to waive that portion of the bill occurring after the transfer. Following discussion, County staff was instructed to work with Mr. Dunn to find an amicable resolution. Mr. Baker suggested further research to determine if there are others requests of this nature pending and if Council is setting a precedence. Mr. Baker advised the County Council would have to convene as the Urban Services Commission to make recommendations to a lighting district.

COUNTY COUNCIL COMMENTS

Mr. Dodd encouraged citizens to exercise their right to vote in the Maryland Primary,

March 2^nd.

There being no further business to come before Council, Mr. Taylor motioned to adjourn, seconded by Mrs. Prettyman and unanimously carried. Council will reconvene in 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