Wicomico County, MD
  Council Minutes
February 21, 2006

 

The Wicomico County Council met in Executive Session on Tuesday, February 21, 2006 at 10:00 a.m. in Council Chambers, Government Office Building, Salisbury, Maryland. Present were Anthony Sarbanes, President; Charles R. Dashiell, Jr., Vice President; Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich and Marvin R. Long.  President Sarbanes announced that Councilman Larry W. Dodd would not attend the meeting.

 

President Sarbanes brought the meeting to order and called for a motion to approve the Minutes of February 7, 2006.  On motion made by Mr. Dashiell, seconded by Mr. Long and unanimously carried, the Minutes were approved.

 

Mr. Sarbanes announced that Master Brian Krahl, Boy Scout and member of Bethesda United Methodist Church, would observe the County Council in its Executive Session this date.  Mr. Sarbanes presented Master Krahl with a Wicomico County, Maryland lapel pin.

 

On behalf of Wicomico County and its citizens President Sarbanes presented a Letter of Appreciation to Board of Elections Supervisor Judy Ritter. Mrs. Ritter will retire March 1, 2006 with twenty-five years of public service. President Sarbanes cited several accomplishments over these many years, and all wished her well in retirement. She thanked Council for their acknowledgement and expressed sincere appreciation for the cooperative working relationship she has enjoyed during her career in Wicomico County.

 

PROCLAMATION

BY THE WICOMICO COUNTY COUNCIL

PRESENTED BY COUNCILMAN MARVIN R. LONG

 

WHEREAS, Salisbury University long ago established itself as a national powerhouse in women’s field hockey, and has consistently proved itself worthy of that reputation; and

WHEREAS, the Sea Gulls, defending national champions took a 20-1 record into the opening round of the 2005 NCAA Championship Tournament and went on to successfully defend their Division III title; and

WHEREAS, in successfully defending their championship, the Sea Gulls became the first team in NCAA Division III history to win three consecutive national hockey titles while also setting an NCAA record of 12 consecutive victories in the NCAA tournament; and

WHEREAS, the team saw Sea Gulls named Division III All American and All South Region by the National Field Hockey Association; and

WHEREAS, their coach Dawn Chamberlin was selected by her peers in the NFHCA South Region as Coach of the Year for the sixth straight season and repeats as NCAA Division III National Coach of the Year.  

 

NOW, THEREFORE, the County Council of Wicomico County, Maryland, resolves that the SALISBURY UNIVERSITY 2005 WOMEN’S FIELD HOCKEY NATIONAL CHAMPIONSHIP TEAM be, and hereby is lauded for its phenomenal record, for its contributions to the outstanding history of the Salisbury University women’s field hockey program, and for the national prominence it has brought to the school, to Wicomico County, and to the Lower Eastern Shore of Maryland; and be it further resolved that all citizens of Wicomico County join us in an outpouring of appreciation and admiration for all the hard work these student-athletes have done in achieving this success.

 

ADMINISTRATIVE DIRECTOR’S REPORT

 

Theodore E. Shea, II, Administrative Director presented the following items of business for Council’s consideration:

 

Rental Allowance Program

The Department of Social Services is requesting Council’s authorization to accept annual grant funds in the amount of $24,140 for the referenced program and authorization to continue administering the program. Upon motion of Mr. Long, seconded by Mr. Taylor and unanimously carried, Council granted approval as requested.   

 

Emergency and Transitional Housing Services

The Office of Transitional Services is preparing its next allocation process for Emergency and Transitional Housing Services and Homeless Prevention Program.  Wicomico County is expected to receive $32,782 in Emergency and Transitional Housing Services funds, and $l9, 200 in Homeless Prevention Program funds. Wicomico County is requested to indicate its wishes to continue the contract and authorize the Department of Social Services to administer. Upon motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, Council agreed to continue the contract and authorized the Department of Social Services to administer the program.

 

 Board of Education - E. Bruce Ford, Comptroller

The Board of Education gave its approval to make transfers of funds between major categories of its approved Annual Budget for fiscal year 2005-2006 for the month of February, 2006, in the amount of $39,195; subject to Council approval. Upon motion made by Mrs. Prettyman, seconded by Mr. Taylor and unanimously carried, Council granted approval. 

 

The Board also transferred funds within the major categories of its Annual Budget for fiscal year 2005-2006 for the month of February, 2006, in the amount of $17,132. Council action is not required for transfers within major categories.

 

In accordance to a gentlemen’s agreement to make transfers between categories under $1,000, the Board reported transfers for the month of February, 2006, in the total amount of $4,458. Council action is not required. 

 

Council held a brief discussion confirming the amount and procedure for forward-funding an appropriation to the Board of Education, specific to the Bennett High School project.  President Sarbanes reminded Council the afternoon work session would allow for further discussion. Mr. Ford stated the acquisition of the Board’s new financial software package should be accomplished before the Operating Budget process is complete. President Sarbanes suggests meeting in early March to continue that discussion.

Indigent Burials

Mr. Shea submitted requests from the Bennie Smith Funeral Home to defray costs for indigent burials for the following Wicomico County residents:  Frances Ann Wescott, Brenda Duffy and William Johnson. Upon motion made by Mr. Dashiell, seconded by Mr. Long and unanimously carried, Council appropriated $400 each by transfer from the Contingency Fund.

 

Pirate’s Wharf Barn and Outbuildings

A recent inspection by the Local Government Insurance Trust determined the need to demolish the barn structure and several other smaller structures at this site; which was confirmed by evaluation of Parks Maintenance staff.  Gary Mackes, Director of Recreation and Parks, provided two options: retain a private contractor and demolish the building for an estimated $20,000 or, engage the Hebron Fire Department to burn the structures, at a cost of $250 plus landfill tipping fees. Upon motion made by Mr. Taylor, seconded by Mrs. Prettyman and unanimously carried, Council accepted the recommendation to engage the services of Hebron Fire Department.  Asbestos will be properly removed.   

 

Arthur W. Perdue Stadium

As part of the work to tie the stadium into the public water and sewer, the storm water drain in the dugouts, which was tied into the sanitary sewer system, will have to be removed and connected to the storm water system.  The estimated cost of $11,960 is part of the project to run water and sewer to Perdue Stadium and Wor-Wic Community College.  Upon motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council approved. 

 

Tax Differential

Council has received a request in accordance to State law from the City of Salisbury for discussion of a tax differential.  Mr. Shea advised that it is necessary to establish who will represent the County in a meeting which has to be held in March; Council members agreed to sit as a body.  Mrs. Prettyman stated the City of Fruitland made a verbal request to meet with the County regarding tax differential.  Mr. Shea responded that a formal request has to be made before the end of November.  Assuming the time had passed, Mrs. Prettyman asked to have a letter sent to Fruitland explaining the timeline.

Note to reader:  Subsequent to today’s meeting, a letter was sent to municipal officials for Salisbury, Fruitland and Delmar requesting a meeting to discuss this topic.

 

Local Management Board

Linda Hardman, Director, requested Council support for pending legislation; House Bill 301 and Senate Bill 294, which codifies Local Management Boards and Local Coordinating Councils within State law to exist in every jurisdiction.  In June 2005, after 49D Legislation was allowed to sunset, the Wicomico County Council approved a Resolution to ensure the Local Management Board could continue to function in

 

 

 

Wicomico County.  Ms. Hardman also requested that Council support the Governor’s proposed budget, which continues and restores administrative funding to Local Management Boards to ensure stable infrastructures.  Upon motion made by Mrs. Prettyman, seconded by Mr. Taylor and unanimously carried, Council agreed to forward a letter of support the Lower Eastern Shore Delegation and Committee Chairs.

 

DEPARTMENT OF FINANCE

 

Patricia Petersen, Director, submitted the statement of Latest Investment Rates/Balances for all County Funds.  Total General Fund balance, $178,304; Capital Project Fund balance, $52,853,501; Total Major Non-designated Funds, $76,557,563; and Total Reserve Funds of $8,845,681. Contingency amount used to date, $33,725, balance $941,275.

 

Mrs. Bartkovich stated that while the financial report provided information for interest-bearing accounts, she would like to see a report of cash flow accounts; Mrs. Petersen offered to provide that information.

 

Referencing Mrs. Petersen’s recent letter to the Daily Times, Mrs. Prettyman felt the explanation of the County’s undesignated reserve fund was confusing to the general public and asked for clarification.  Mrs. Prettyman said the recent audit stated County revenue of approximately $9.5 million over expenditures. Mrs. Petersen concurred.

Mrs. Prettyman also reviewed Mrs. Petersen’s statement that if one added the 6/30/05 balance of $9.5 million to the $6.3 million fund balance June 2004, the result would be $15.9 million; however, making all adjustments to the fund balance results in $13 million for year-end 2005.  At the end of fiscal year 6/30/05, $6.5 million of the $9.5 million surplus was allocated to the undesignated unreserved fund, giving a 6/30/05 ending balance of $13 million.  Mrs. Prettyman referred to fluctuating ending fund balances over the past three years and questioned why the County would require a $7 million balance be maintained for operational purposes.

 

Mrs. Petersen offered the following responses:  in past years, this and prior Councils had imposed freezes on spending because of the uncertainty of revenues; departments were extremely careful with expenditures due in part, to constricted cash flow.  The concept of issuing tax anticipation notes to meet operational needs is very undesirable. The County’s budget has grown over the past two years, allowing the undesignated balance to build to $13 million; however, the Finance Department requires sufficient available cash to carry on operations throughout the year. While recognizing there are sizable monthly fluctuations in cash flow as well as expenditures, this would equate to about $9 million per month to operate. Mrs. Prettyman also asked if the County actually had $17 million if one included $4.4 million within subsequent year-end expenditures.  Mrs. Petersen explained in actuality, the $4.4 million has already been committed to be spent within the $108 million budget; thus, the $13 million fund balance.

 

Mrs. Petersen responded that her purpose was to explain the differences in fund balance ($6.3 million), which is a dollar figure that changes at any given time, and surplus, which is the result of operations ($9.4 million), as well as other specifics.

 

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, 2006.

EDGAR A. BAKER, JR., COUNTY ATTORNEY

Public Hearing- Ameriscan, Incorporated

NOTICE IS HEREBY GIVEN in compliance with Section 22-2(G) of the Wicomico County Code, that the County Council of Wicomico County, Maryland, will hear public comment on the proposed resolution to consider a Lease Agreement between the Wicomico County Airport Commission and Ameriscan, Incorporated to lease 3,500 square feet located within the David J. Ward Building, also known as the "old terminal building" to be used for back office, warehousing and distribution. The proposed Lease is for a term of one year, with two renewal periods of one year. The rental shall be as set forth in the lease.

 

Messrs. David Ryan, Director, Salisbury Wicomico Economic Development; Robert Bryant, Airport Manager and, Chris Kalinski, Ameriscan, Incorporated came before Council.  Mr. Ryan told Council of the working partnership with the Airport Commission to renovate the old terminal building into a small business incubator.  Ameriscan represents the first tenant. Mr. Kalinski explained that Ameriscan is eighty-percent owned by a European company; a market leader for temperature monitoring devices for refrigerated transport. Initially three people will be employed however the company looks to expand. Mr. Long wished to confirm the area of monitoring, which Mr. Kalinski responded includes United States and Canada.

 

There were no public comments.  Council had no further comment. Upon motion Mr. Dashiell, seconded by Mr. Long and unanimously carried, Council approved the lease.

 

Mrs. Bartkovich announced a public information workshop at the Airport Terminal Building, February 21, 2006, 7:00 p.m. concerning the runway expansion and obstruction/removal project. Attention was also called to State assistance for the renovation of the old terminal building (Phase II).  The State will provide 50 percent of the total cost of the project or, up to $132,766 of the $265,533 costs.

 

Town of Hebron Code Enforcement

Ordinance No. 57 adopted in 2003 by the Town of Hebron adopts Chapter 174 of the Wicomico County Code relating to nuisances and authorizes Wicomico County employees and agents to enforce its provisions within the town. Mr. Baker requests the authorization be spread across the Minutes of Wicomico County to enforce the provisions.  Upon motion made by Mrs. Prettyman, seconded by Mrs. Bartkovich and unanimously carried, Council approved.

 

P. RAI SHARMA, DIRECTOR, DEPARTMENT OF PUBLIC WORKS

 

Replacement of Wetipquin Road Bridge

Mr. Sharma reported an information meeting held last week provided an update for the Wetipquin Road Bridge and West Side Community Center.  He distributed a brochure given to residents which shows the detour route to be used once construction begins. Mr. Sharma advised the project is still at the design stage; the foundation design is under review by the State Highway Administration (SHA).  Upon SHA approval, which is hoped to begin during the summer months but may not occur until the fall of this year, the consultants will proceed on the remaining design.

 

PLANNING, ZONING & COMMUNITY DEVELOPMENT

 

GIS Data – Aerial Photography – Proposed Fee Structure

Jack Lenox, Director, Frank McKenzie, Chief, Technical Services and Pate Matthews, Enforcement Officer came before Council regarding a number of issues.  Mr. McKenzie requested a proposed fee structure to obtain geographic information systems data.  He recalled the joint acquisition of a computerized color aerial photography by the City of Salisbury and Wicomico County in 2004 and, that various architectural, engineering, real estate and forestry firms request digital copies.  Mr. McKenzie explained this photography consists of 550 digital images that cover Wicomico County. He proposes that Council would institute a fee structure; $25 per photograph and $1,500 for the entire County, that generated revenue, is tracked and maintained separately by the Finance Department to be utilized at a future date for new aerial photography; thereby reducing future City and County outlay.  It is proposed as well, that Salisbury University handle digital data distribution. Upon motion made by Mrs. Prettyman, seconded by Mr. Taylor and unanimously carried, Council approved the recommendations.

 

Rural Legacy Area

Mr. McKenzie was pleased to announce that Wicomico County has received a grant in the amount of $750,000 from the State of Maryland to continue the Rural Legacy Easement Acquisition Program.  He distributed colored maps to show Council priority areas; existing agriculture and forest conservation easements; state owned lands, conservation fund properties, rural legacy boundary and one mile boundary – municipal areas.  If a property owner participates in the program, for which are paid, they continue to own the property but sell their development rights. A Press Release is forthcoming as well as the information put on the webpage.

 

Professional Services Agreement

Mr. McKenzie reported that Axis Geospatial LLC has contracted with Emergency Services to provide high resolution photography.  The contract is funded by the State Emergency Numbers Systems Board, there are no local funds required. Upon motion made by Mrs. Prettyman, seconded by Mrs. Bartkovich and unanimously carried, Council accepted the recommended contract. 

 

Mr. McKenzie advised that a GIS budget is maintained within the Planning Department; some of the funding will be used to supplement the work received by Emergency Services.  The department proposes to spend $27,000 to cover the areas not included by Emergency Services; this will assist in environmental analysis.  In addition, the Planning Department’s GIS fund will be receiving $81,000 as part of the Emergency Services grant that was previously spent. Upon motion made by Mr. Long, seconded by Mr. Dashiell and unanimously carried, Council approved.

 

Pate Matthews, Code Enforcement Officer

In accordance with provisions under Chapter 174 Nuisance Code of Wicomico County, costs incurred in a nuisance-enforced cleanup are assessed to property owners and, if unpaid, becomes a lien against the property and collected as real estate taxes. Mr. Matthews called attention to a property located at 7242 Broad Street, Parsonsburg, Maryland whereby complaints have been received since September 2004.  He requested permission to proceed in abating at least two nuisances on the property; vehicle violation and grass/weed over 24” high.  Upon motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council granted permission.

 

 

 

 

 

PUBLIC COMMENTS

Mr. David Suitor expressed concerns regarding redevelopment of the Old Salisbury Mall and area growth, in general. He called attention to citizen concerns heard in the media regarding taxes, schools, growth, traffic, quality of life and safety. Quoting from a statistical report surveyed across the country, Mr. Suitor quoted that studies indicate growth does not pay for growth; that population growth never pays for itself and virtually always encumbers the existing residents with costs. He concluded it’s time for growth to pay for growth and urged Council to promptly implement appropriate fees and taxes on new development.

 

COUNCIL COMMENTS

President Sarbanes announced funding from the Department of Natural Resources to undertake Cedar Hill Dredging (FY2005), Leonard’s Mill Pond and the Nanticoke Boat Ramp. Mr. Sarbanes urged Council to post the Operating Budget work session dates they have received.

 

Mrs. Prettyman wished to call attention to pending legislation Annexation Planning and Procedures Act of 2006, to be heard in the Senate March 1, 2006. Mr. Shea stated the Bill is adopted as an initiative of Maryland Association of Counties. Mrs. Prettyman also asked if Introduction of Legislative Bills could be scheduled for the next Council meeting.  Mr. Baker confirmed legislation could occur at Council’s request and the session could be held if Bills were ready.

 

On motion of Mrs. Prettyman, seconded by Mr. Dashiell, Council unanimously approved entering a closed work session, as authorized by Section 10-(508)a of the State Government Articles of the Annotated Code of Maryland, to discuss potential litigation.     

 

There being no further business to come before the County Council the meeting was adjourned to an Open Work Session on motion made by Mr. Dashiell, seconded by Mrs. Bartkovich and unanimously carried.

 

                                                            ______________________________________

                                                            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

 

                                                           

 

______________________

Theodore E. Shea, II

Administrative Director