Wicomico County, MD
Council Minutes
March 4, 2003

The Wicomico County Council met in Executive Session on Tuesday, March 4, 2003 at 10:00 a.m. in Council Chambers, Government Office Building, Salisbury, Maryland. In attendance were Anthony Sarbanes, President, Charles R. Dashiell, Jr., Vice President,

Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich, Marvin R. Long and Larry W. Dodd.

President Sarbanes brought the meeting to order and invited Mr. Long to present a Proclamation to Frederick Harris, Purchasing Agent, recognizing National Purchasing Association Month. Mr. Sarbanes then called for the Administrative Director’s report.

ADMINISTRATIVE DIRECTOR

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

Capital Improvements Program/Budget: A list of proposed capital projects to be funded was submitted for Council’s review. On motion of Mr. Long, Council unanimously approved the following items:

FY 2004 Capital Improvement Budget

BD OF OTHER

COUNTY EDUCATION FUNDING

Wor-Wic Community College: Maintenance Bldg. $ 130,029 586,650

Student Ctr/Addition 1,125,014 5,492,715

Health Department: Fritz Building 125,000

Detention Center: kitchen renovation 2,500,000

Contingency 200,000

Public Works: West Side Collector/Survey/Engineering 150,000

Water/Sewer Study: East Corridor 80,000

Coulbourne Mill Rd. 400,000

Public Schools: North Salisbury Elementary Portables 50,000

Construction 3,851,000

Pinehurst Elementary: Roofs 104,000 150,000

Prince Street Elem.: A/E fees 577,000

Westside Primary: HVAC 355,000 369,000

Willards Elem: 2 kindergarten classes 286,274 408,105

Mardela Middle/High: wastewater treatment 375,000

Parkside High: mechanical plant 125,000

All Facilities: asbestos removal 25,000

Recreation & Parks: Athletic Complex/lighting/parking improv. 10,000 229,000

Nanticoke Harbor: dredging 1,200,000 1,200,000

West Metro Core Park 350,000 350,000

Airport: Environ. Mitigation Permitting 22,400

Rehab Runway 14-32 – design 20,000

Land Acquisition for Runway 14-32 10,000

Acquire ARFF Vehicle 27,500

Snow Removal Equip. Bldg: design 7,500

Rehab Taxiway C: Phase 2 100,000

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subtotal $4,907,443 5,748,274 8,785,470

PROJECTS FUNDED FROM OTHER SOURCES:

Detention Center: kitchen renovation $2,500,000

Airport: all listed above 187,400

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Totals $2,220,043 $5,748,274 $8,785,470

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TOTAL PROPOSED CAPITAL BUDGET = $7,968,317

Salisbury City Council: The City Council has requested to meet with the County Council to discuss the proposed contract involving the City of Salisbury, Wicomico County and the Wicomico County Board of Elections. Judy Ritter, Election Director, was in attendance and confirmed that while she and the Election Board members had recently met with the City Council to resolve contracted costs of certain City elections, she has since been notified by the City of its desire to meet with the County Council to further discuss the contract. Council concurred to meet with the City Council during the afternoon of March 18, 2003.

Workforce Alliance: Correspondence from Robert Corbin, Executive Director for the Lower Shore Workforce Alliance, is recommending the appointment of Michael L. Hoy to its Board of Directors. Mr. Hoy would serve as the Private Sector representative and would complete the term of Mr. Richard Work. On motion of Mr. Taylor, Council unanimously approved Mr. Hoy’s appointment, as requested.

Public Access 26 Board: Mr. Shea referred to the three positions designated to the County on the referenced Board. While two Council members currently serve, it was decided that the third position should be filled by and individual to represent the private sector. On motion of Mr. Taylor, Mr. Ron Forsythe was unanimously appointed to the Public Access 26 Board.

Announcement: Mr. Shea announced that Michael Pennington, Executive Director,

Tri-County Council, is delayed and will make his presentation later in the meeting.

Active Duty for Reserves/Guard: Mr. Shea requested that Council confirm its policy whereby County employees returning to active duty shall retain a portion of benefits and a differential payment when military pay is less than County pay. On motion of Mr. Long, Council unanimously confirmed the referenced policy.

DEPARTMENT OF FINANCE

Director Patricia Petersen submitted the Statement of Latest Investment Rates/Balances for All Accounts, which reflects a total General Fund balance of $626,259; Capital Project Fund balance of $33,429,026; total major non-designated fund balance of $49,376,156; total designated reserves of $1,126,758; and total reserve funds of $4,770,987 (approximately 4.94%).

DEPARTMENT OF PUBLIC WORKS

P. Rai Sharma, Director, reported the following items of business:

State Budget – Highway Funding: Mr. Sharma recently met with the State Appropriations Committee to provide testimony of the impact to the County if highway user funds are lost. Certain local legislators voiced their support of funding levels and ensured Mr. Sharma that this issue is negotiable among the Legislative members.

Bid Award: Mr. Sharma and Mr. Harris, Purchasing Agent, reviewed the bid tabulation for the purchase of a rolloff truck. Mr. Harris confirmed that while five bid proposals were received, the only vendor to meet the specific requirements is Western Star Trucks of Delmarva, which happened to be the highest bidder. Mr. Long motioned to award the bid to Western Star Trucks, as recommended; the motion was unanimously approved.

Mr. Dashiell took the opportunity to thank the staff of Public Works who had participated in a recent Council tour of a portion of Public Works facilities.

SHERIFF’S OFFICE

Capt. Robert Van Meter gave Council a progress report on appointments to the Advisory Board for the DRILL Academy. He further explained that Dorchester County officials have chosen to defer appointment of its representative, while Worcester County officials have requested additional information before considering appointment. Mrs. Prettyman asked Capt. Van Meter how many people would comprise the Board, to which the Captain replied that perhaps 5-7 members would be sufficient. If appointments are made,

Capt. Van Meter hopes to have a scheduled meeting within two weeks. On motion of Mrs. Prettyman, Council unanimously approved the appointments of Mr. Edward Taylor, Mrs. Gail Bartkovich, Mr. Davis Ruark and Mr. Paul Ward to the DRILL Academy Advisory Board.

PLANNING, ZONING & COMMUNITY DEVELOPMENT

John Lenox, Director, presented a request for re-zoning originally submitted by Thomas H. Ruark, Inc. and John Causey for a reclassification of zone on three parcels of land located on the northerly side of Dixon Road and the southerly side of Wildlife Lane.

On February 20, 2003, the Planning Commission rendered a favorable recommendation for rezoning, however, following this procedure, the Commission found that there has been a change in the character of the area since the 1968 Comprehensive Rezoning, due to the development of approximately 892 new residences in Nutters Crossing and surrounding subdivisions. It is also note that while the property is not located within the designated “Metro Core”, the proposed rezoning would be in accordance with the “suburban” designation of this area approved in the 1998 Comprehensive Plan. Additionally, while there are not public facilities located in the area, the applicant

(Ruark-Causey) proposes to construct community water and wastewater systems to serve Sections 4 and 5 of the subdivision.

Mr. Shea stated and the County Attorney confirmed, that Council has two options; 1) either hold a separate public hearing on the request or 2) conduct a public hearing as part of the next scheduled Legislative Session. Council was then asked for direction. Mr. Long, who serves on the Planning Commission, stated that the Commission has already held one public hearing, with a few objections heard and subsequently, the developers have struck an agreement with the residents, therefore, he does not see the purpose of a separate public hearing. Mr. Long suggested that Council consider proceeding with the required legislative process, which would include another public hearing. Mr. Baker stated that County staff could send copies of the Public Notice to the affected residents. Mr. Sharma asked if the request could first be discussed during a Council work session to address certain concerns. Mrs. Prettyman remarked Council needs to determine whether the character of the land has changed, keeping in mind the best interests of the public. Mrs. Bartkovich asked if the referenced agreement should be considered a legal, binding document, particularly as it relates to resident opposition for a proposed road connecting to another new Section. Mr. Baker explained that the agreement is between the residents and developer and does not place any obligation on the Council or the Planning Commission. Mr. Long also agreed with Mrs. Prettyman’s assessment. Mr. Dashiell moved to place the issue on the March 18 work session so that Council may obtain additional information. The motion was unanimously carried. (Note: please refer to Public Comments section of these Minutes for further information on this topic.)

ADMINISTRATIVE DIRECTOR – supplemental items

Mr. Shea announced that Mr. David Wilson, Resource Conservation and Development, Inc. would not come before Council today as planned.

Council Photo Session: Mr. Shea referred to information given to Council members regarding the choice of a photographer for the required Council photographs. Following a brief discussion, Mr. Dashiell motioned that Sander Photography (low quote) be contracted for the photo sessions. Council unanimously approved the motion.

Operating Budget Sessions: By motion of Mrs. Bartkovich, Council reviewed and unanimously approved a list of meeting dates (Option 1) to begin budget work sessions on April 14. Council members also held a brief discussion of the possibility of beginning the sessions one week earlier, if feasible.

Strategic Plan: Mrs. Petersen briefly reviewed a preliminary draft of the mission and goals of a proposed Strategic Plan Task Force. The Task Force would address areas such as a strategic financial plan, growth issues and other County needs over the next four years. Mrs. Petersen was asked to continue developing the draft as an overall strategic plan.

RECREATION, PARKS AND TOURISM

Key Indicators Summary: During the previous Executive Session, Council received a “Leading Indicators Summary” submitted by Gary Mackes, Director of Recreation, Parks and Tourism. The summary’s purpose is to provide an update of progress and trends for the Civic Center and its related food service division, as well comparative operating expenditures for each division of the Department. Following a request to have the Summary reflect net figures, Gary Mackes, Director, accompanied by Mike Delano and Mike Mercer, presented the amended Summary. Mr. Delano proceeded to explain the process by which key indicators were determined. Mrs. Prettyman reiterated her request for net figures was for the sake of consistency when being reviewed and as shown on the amended Summary given to Council. Other areas discussed: the time frame for determining net profits for Civic Center events and its catering service and the development of the business plan. Mr. Long commended the Department for establishing a business plan and submitting a progress report. Mr. Mackes also reported that a year-to-date net profit for the Civic Center events, as compared to last year, has increased 73%. Likewise, concession net revenue, as an estimate, has increased approximately 46% and catering has increased 260%, resulting in a depreciation on tax dependency by 38%. Mr. Taylor referred to a former Council directive that the Civic Center be operated more like a business; he has seen favorable results over the past five years and hopes this continues.

WinterPlace Park Sign: The Department received correspondence from Dr. Alex Azar, who represents business owners located in the Industrial Park, requesting County assistance with the replacement of the Industrial Park entrance sign, which will cost $4,800. The Recreation Commission reviewed the request and recommends that the costs be shared equally among the business owners and County government. Since there are no funds within the Department’s operating budget, County participation would require a transfer of funds from its Contingency account. Further discussion revealed that Thomas Ruark, Inc. is willing to pay one-third of the cost; the remaining businesses would absorb one-third. Council concurred that the County shall bear one-third of the cost in the form of in-kind services.

COUNTY ATTORNEY

LEGISLATIVE SESSION

Edgar A. Baker, Jr., County Attorney requested adjournment of Executive Session to convene Legislative Session; Council concurred. Legislative Session was held at approximately 11:00 a.m. It should be noted that Legislative Session Minutes are separate from Executive Session Minutes and will be made available to the public upon request. A motion to adjourn Legislative Session and reconvene Executive Session by Mr. Long was unanimously approved.

Executive Session reconvened.

PLANNING, ZONING & COMMUNITY DEVELOPMENT

A Public Hearing set for 11:15 a.m. was conducted by John Lenox, Director, and

Matthew Hedger, Planner II.

Notice of Public Hearing

Wicomico County, in accordance with Section 125-42 of the Wicomico County Chesapeake Bay Critical Area Program, requests that the Wicomico County Chesapeake Bay Critical Area Maps be amended to reflect the Maryland Dept. of Natural Resources’ Wicomico County Wetland Boundary Map No. 31. The property is located on the west side of U. S. Route 50, approximately 1,500 feet northwest of the intersection of U. S. Route 50 and Old Bradley Road and is categorized as a Resource Conservation Area within the Chesapeake Bay Critical Area.

Mr. Hedger explained that such an amendment will reduce the amount of Critical Area shown on the County’s Critical Area maps. John H. Hanson initiated this request in 1994 while applying for a re-evaluation of the tidal wetland delineation on his property. The Planning Commission gave the request a favorable recommendation to Council for approval in 1994. The amendment requires Council approval so that the technical changes to the referenced map can be accomplished.

Mr. Sarbanes asked for public comments; Mr. John Hanson asked to see the amended map. Upon inspection, Mr. Hanson was satisfied that the amendment was correct. With no further comments, Mr. Taylor motioned to approve the amendment as presented; the motion was unanimously carried. With approval being accomplished, the amendment will be forwarded to the Critical Area Commission for final approval.

With no further comments, the public hearing was concluded.

Ruark/Causey Rezoning Issue: Mr. Dashiell asked that the minutes reflect his abstention from any decision taken regarding the re-zoning request. Therefore, let the minutes show that Council’s decision to discuss the issue during a work session is based on six favorable concurrences and one abstention.

TRI-COUNTY COUNCIL

Michael Pennington, Executive Director, presented the Tri-County Council’s Comprehensive Economic Development Strategy for Council’s approval.

Mr. Pennington remarked that the CEDS document is the result of the Governor’s

Economic Development Task Force Report of 2001 and is designed to offer regional

Initiatives to be addressed by county governments and requires periodic updates.

It was determined that not all Council members have had the opportunity to thoroughly review the document. Copies will be made available and Mr. Pennington was invited to again meet with Council on March 18. Mr. Dashiell remarked that he had participated in the development process, defining it as a comprehensive effort to determine ways to address economic development on the Lower Shore.

PUBLIC COMMENTS

Mr. Thomas Ruark and Mark Cropper, Attorney asked Council to reconsider its decision to defer action on the rezoning request and to set a public hearing date. Mr. Cropper made the following points in an effort to assure Council of the appropriateness of scheduling a public hearing today: 1) the Planning Commission has rendered a favorable recommendation to the Council; 2) Council can be provided with the results of the traffic study; 3) an agreement with the Homeowners Association has been reached; this agreement was submitted to the Planning Commission for its review; and 4) any documents Council might wish to have can be provided before March 18, thus, not causing any further delay in scheduling a public hearing.

Mr. Sharma addressed his concerns regarding the Homeowners’ Association’s opposition to the proposed road to connect the two subdivisions and questioned the accuracy of the traffic study whereby the State Highway Administration has determined that a traffic light is not necessary. If this determination changes, the County would be responsible for one-half of the installation cost of a traffic light.

Mr. Cropper stated that any and all concerns of the County Council can be addressed and hopefully, resolved between now and the date of the public hearing, rather than waiting until March 18 to begin this process. Mr. Ruark added that he, as the Developer, simply agreed not to protest the Homeowners’ Association opposition to the proposed road; that the proposed road is reflected on the sketch plat and remains subject to County regulations. Both Mrs. Prettyman and Mr. Sharma asked why such a statement was included, when all parties understand that the road will be a requirement of the County.

Mr. Cropper replied that the Planning Commission encouraged the Developer and Homeowners’ Association to come to an agreement and its contents does not question or jeopardize the County’s authority. Mr. Long stated that the position of the Planning Commission is that the agreement is between the two referenced entities and has no bearing on the Commission’s ultimate recommendation or the County’s ultimate decision.

After the County Attorney reiterated the options available to Council, Mr. Long motioned to instruct Counsel to prepare re-zoning legislation for introduction on March 18, 2003, at which time a date for the public hearing shall be set; the motion was unanimously carried.

COUNCIL COMMENTS: Mrs. Prettyman wished to make fellow Council members aware of the introduction of House Bill 634 by Delegate Hickson, Montgomery County, a bill that would allow Charter Counties to set a property tax rate or collect property taxes in excess of that authorized in each county’s Charter, remarking that the will of County citizens could be reversed in Annapolis, if approved and that she is total against such legislation.

County Attorney referred to the appropriate Sections 7, 8 and 14 of the Annotated Code to authorize a closed session and Council concurred.

With business concluded, the Executive Session was adjourned.

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Anthony Sarbanes, President

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Charles R. Dashiell, Jr., Vice Pres.

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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

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Marvin R. Long, District 4

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Larry W. Dodd, District 5

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Theodore E. Shea, II

Administrative Director