Wicomico County,
MD
Council Minutes
March 18, 2003
The Wicomico County Council met in Executive Session on Tuesday, March 18, 2003 at 10:00 a.m., Council Chambers, Government Office Building, Salisbury, Maryland. In attendance were Anthony Sarbanes, President, Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich, Marvin R. Long and Larry W. Dodd. President Sarbanes announced that Vice President Charles R. Dashiell was in Annapolis to testify on House Bill 810.
President Sarbanes brought the meeting to order calling for additions or corrections to the Minutes of March 4, 2003. On motion made by Mrs. Prettyman, seconded by Mr. Taylor, and unanimously carried, the Minutes of March 4, 2003, were adopted. On motion made by Mr. Long, seconded by Mrs. Prettyman, and unanimously carried, the Minutes of the Legislative Session of March 4, 2003 were adopted.
The Administrative Director, Theodore E. Shea, II, introduced The Honorable Wayne Gilchrest. President Sarbanes expressed to Congressman Gilchrest, Council’s sympathy for the loss of his father. In his opening remarks Congressman Gilchrest joined the nation’s concern over the impending war and current economy of our Country. He confirmed interest to stay engaged with serving Wicomico County’s infrastructure needs, health care issues and education. He announced an issue in progress for the Delmarva Peninsula; a Five-year Pilot Program entitled Delmarva-Peninsula Conservation Corridor – to create an agriculture corridor while establishing a network of land both public and private throughout the Peninsula for the express purpose of keeping agriculture economically viable. Congressman Gilchrest reported the Initiative is supported by State Farm Bureaus of Maryland, Delaware and Virginia. President Sarbanes thanked Congressman Gilchrest for meeting with Council to share this information and for what he does to enhance the quality of life in Wicomico County.
Mrs. Prettyman requested Council concurrence to submit a letter requesting Wicomico County be excluded from House Bill 634 – Property Tax – Charter Counties – Limits. She stated the possible repeal of the Revenue Cap should that of the citizens, not Annapolis. Mr. Long, questioning whether the Bill will pass, stated Council has the right of vote to decide and does not support submitting a letter. Mrs. Bartkovich inquired whether Council would not support the Bill, if passed. Mr. Dodd concurred with
Mrs. Prettyman’s assessment, however, Mr. Taylor opined the tax cap is a detriment to the County and public education, never favored a tax cap and stated it is the Council’s responsibility to educate the voters. President Sarbanes stated he, too, did not wish to go against the will of the people. Following discussion, Mrs. Prettyman motioned to submit a letter to the State Legislature to request exemption of Wicomico County from House Bill 634. Mrs. Bartkovich seconded the motion. On call for the question, Mrs. Prettyman asked for a roll call vote: Mrs. Bartkovich, yea; Mr. Long, nay; Mr. Dodd, yea; Mr. Taylor, nay; Mrs. Prettyman, yea; President Sarbanes, nay. The vote was tied 3 – 3 and therefore failed.
Mr. Shea submitted a request for a
manufacturer's tax exemption for Trigen Laboratories, Inc., for the conduct of
its business in Wicomico County. An affiliate of Trinity Laboratories, Inc.
whereby an exemption was granted prior to 1998 however, at the time the
equipment was transferred to Trigen, the company's officers were said to have
been unaware of the requirement to request the transfer of the exemption. To that end, Trigen requests retroactive
exemptions from 1998-2002, totaling, $56,984.98. Mr. Shea noted the two corporations have
separate federal tax identification numbers.
Mr. Ram Potti, Chief Operating Officer, Trigen Laboratories, explained,
these are the same companies, same location, with different functions. He
encouraged the County's assistance to help
ensure the continuing stability of the company and possibly defer
layoffs. Council members recalled the
previous Council had agreed not to grant retroactive exemptions and agreed to
adhere to that practice. Mr. Long motioned to grant an exemption for 2003
forward. Patricia Petersen, Director of Finance advised that a manufacturer's
tax exemption was granted in October 2001 for that year and for years forward;
contingent upon certification from the State of Maryland; which was granted
January 2002. Mr. Long then withdrew his motion. Mrs. Petersen explained,
Council is requested to grant retroactive action for 2001-2002 due to the
County deadline being realized although certification from the State had not
been received. Retroactive costs for 1998-2001, estimated at $52,000. On motion
made by Mr. Long, seconded by Mrs. Bartkovich, and unanimously carried, Council
confirmed its action of October 2001 to grant the exemption for 2001-2002.
Litter Products, LLC, a related business of Eastern Shore Forest Products, Inc. requests a manufacturer’s tax exemption for the year 2002 and forward. The request was filed with Wicomico County after receiving certification from the State of Maryland, outside the County’s deadline. Council confirmed its decision not to grant retroactive exemptions. On motion made by Mr. Long, seconded by Mrs. Prettyman, and unanimously carried, Council granted an exemption for the current year, and years forward.
Mr. Shea advised that Delaware Elevator, Inc. has applied for Enterprise Zone designation. Initiated for the purpose of stimulating industry growth in Wicomico County and, upon meeting certain criteria, companies are eligible to receive tax and employee credits. On a motion made by Mr. Taylor, seconded by Mr. Long, and unanimously carried, Council granted approval, subject to approval by the City of Salisbury.
Mr. Shea requested a transfer of $3,204.77 from the Escrow Account established by Comcast for the renovation of the Council Chambers to General Services Operating to purchase a new amplifier and speaker system, and three additional microphones. Mr. George Roache, Public Information Officer, solicited a proposal from Mid-South Audio, Georgetown, Delaware, due to its excellent reputation. Additionally, Mid-South recently installed like equipment in the Sussex County Council Chambers where Mr. Roache visited to experience the quality of sound. Discussion ensued regarding equipment cost versus performance, durability, and placement. Mr. Dodd commented that Wicomico County has a diverse business community and encourages the utilization of local vendors where possible. Following discussion, Mrs. Prettyman motioned to transfer an amount not-to-exceed $5,000 to ensure appropriate equipment is purchased. Mr. Taylor seconded the motion and it was unanimously carried.
Mr. Wendy Riley, Judicial Administrator, requests the payout of excessive compensatory time accumulated by Barbara Underwood, Assignment Commissioner. She indicated funding is available in the current budget, that the request was reviewed and recommended by the Director of Human Resources, with notice to control future accumulation within legal limits. On motion made by Mrs. Prettyman, seconded by Mr. Taylor, and unanimously carried, Council authorized the payment, compensating Mrs. Underwood in the amount of $8,409.62, with the appropriate notification to the Judicial Administrator.
E. Bruce Ford, Comptroller, Board of Education, submitted a request for transfers of funds between the major categories of its Annual Budget for the month of March, in the amount of $45,083 and, requests concurrence for transfers within major categories of its FY 2002-03 Annual Budget for the month of March, in the amount of $28,500. On motion made by Mr. Taylor, seconded by Mr. Long, and unanimously carried, Council granted approval.
For information purposes, Mr. Shea advised the Interagency Committee on School Construction approved additional projects to be recommended to the Board of Public Works for the FY 2004 Capital Improvements Program. Mr. Shea noted the list does not include any projects for Wicomico County, Maryland.
In accordance with Article 23A, Section l9 of the Annotated Code of Maryland, Wicomico County received notice from the City of Salisbury of an annexation petition for property known as Honeysuckle Drive – Rector Property Annexation. Council members concurred, pending approval by the City of Salisbury.
On motion made by Mr. Taylor, seconded by Mr. Long, and unanimously carried, Deloris Watson was appointed to serve as a member of the Board of Commissioners, Wicomico County Housing Authority. On the question of updates from HUD (Housing and Urban Development) Baltimore Office, Mr. Shea reported a telephone call this date requesting a meeting with Council. Mrs. Prettyman encouraged expediency in setting the date. Mr. Shea will follow contact the appropriate representatives.
Mr. Shea announced Board of Trustees, Wicomico County Free Library, is soliciting nominations for appointment to its Board. Council members are encouraged to make recommendation.
Mrs. Petersen submitted the Statement of Latest Investment Rates/Balances for All County Funds as of March 18, 2003 which reflects a total General Fund balance of $255,532; Capital Project Fund balance of $28,956,850. Total Major Non-Designated County Funds, $45,032,772. Total Designated Reserves and “Rainy Day” Reserve Funds, $4,772,086. Mrs. Petersen reported the Willards Volunteer Fire Company has applied for its proportionate share of the Capital Incentive Sinking Fund. The request is accompanied by certification of available matching funds. On motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, Council approved. Mrs. Petersen submitted a request for a transfer $896 from Contingency to Orphans Court to pay the retirement benefit to June Owens, retired Orphans Court judge, who qualifies for the benefit after having more than fifteen years service. On motion made by Mr. Long, seconded by Mr. Taylor, Council approved the transfer. John Ellis, Chief Accountant, shared a report of significant year-to-date transactions for the General Fund with supporting graphs.
On motion made by Mr. Long, seconded by Mr. Dodd, and unanimously
carried, Council adopted Resolution 558 - Pipe Installation Policy - to establish a pipe installation policy and
applicable fees.
P. Rai Sharma, Public Works Director, reported the Mayor and Commissioners of Delmar, Maryland have expressed concerns regarding the increase in tire disposal fees for Wicomico County from $2 to $20. Mr. Sharma corrected this misinformation to Delmar advising that commercial haulers depositing tire contained debris at the landfill are assessed a $20 fee for the removal, washing, and transportation of the tire to the appropriate recycler. The fee is assessed to commercial haulers not homeowners.
Mr. Sharma informed Council he would be traveling to Annapolis to testify before the Appropriations Committee on House Bill 1157. If passed, the Bill would remove $1.9 Million Dollars of Highway Users Funds from Wicomico County. Council encouraged his testimony.
Sheriff R. Hunter Nelms and Captain Doris Schonbrunner came before Council to request the release of $22,613.15 in Unanticipated Grants Revenue from Weed and Seed, School Security, Library, Firearms Video training, Marijuana Ratification, Underage Drinking, and School Bus Safety grants. Historically, the grants are not budgeted and are held in an account managed by the Finance department. On motion made by Mr. Dodd, seconded by Mr. Taylor, and unanimously carried, Council authorized the release of funds from Unanticipated Grants Revenue Account to the Salary Account of the Sheriff.
Mr. Edgar A. Baker, Jr., advised that David Humphreys has sold Modern Industries, LLC, contingent upon the renewal of an existing County lease for the operation of Modern Industries, LLC. Mr. Long offered a motion for renewal. Mr. Dodd seconded the motion and it was unanimously carried.
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 Mrs. Prettyman was unanimously approved.
WICOMICO COUNTY COUNCIL
LEGISLATIVE SESSION
MARCH 18, 2003
In attendance: Anthony Sarbanes, President Stevie Prettyman
Edward T. Taylor Marvin R. Long
Gail M. Bartkovich Larry W. Dodd
Charles R. Dashiell, Absent
CORRECTION OF JOURNALS: None
MEMORIALS AND PETITIONS: None
MINUTES:
The Minutes of the March 4, 2003 Legislative Session were approved on motion of Mr. Long, seconded by Mrs. Prettyman, and accepted upon a unanimous vote of the Council members present.
Bill No. 2003-09: an act to amend Chapter 196 of the Wicomico County Code, titled “Stormwater Management,” adding Section 196-26.1 to regulate pipe installations and modifications of drainage within county rights-of-way and easements and to impose penalties for violation of the pipe installation policies. The Bill was introduced on motion of Mrs. Prettyman, seconded by Mr. Long, and accepted upon a unanimous vote of the Council members present.
Bill No. 2003-10: an act to amend Chapter 125 of the Wicomico County Code, titled “Critical Area Resource Protection,” amending the maps entitled “Official Critical Area District Maps” referred to in Section 125-4 of said Chapter to correct the Critical Area District Boundary line on parcels of land owned by Delmarva Farms, LLC, John H. Hanson, and Angelo A. Granuzzo, due to a state verified mapping error on the State Tidal Wetland Maps. The parcels are shown and designated on County Tax Map No. 8 as Parcels 173, 51, and 6. The Bill was introduced on motion of Mr. Long, seconded by Mrs. Prettyman, and accepted upon a unanimous vote of the Council members present.
Bill No. 2003-11: an act to amend Chapter 225 of the Wicomico County Code, titled “Zoning”, amending the map entitled “Wicomico County Zoning Map referred to in Section 76 of said Chapter, to rezone property consisting of 76.21 acres, more or less, situate in the Nutters Election District, Wicomico County, Maryland bounded on the southerly side by Dixon Road, bounded on the North by Wildlife Land and bounded on the east by Nutters Crossing, Section I subdivision, and bounded on the west by the Salisbury By-pass. The property is shown and designated on County Tax Map No. 48 Grid 17 as Parcel Nos. 300, 301 and 450; said property is to be rezoned from A-2 Airport to R-22 Residential. The Bill was introduced on motion of Mr. Taylor, seconded by Mr. Long, and accepted upon a unanimous vote of the Council members present.
It was then announced that a public hearing on referenced Bills is scheduled for Monday, April 14, 2003 at 7:00 p.m., Flanders, Wicomico Youth and Civic Center, Salisbury, Maryland.
Mrs. Prettyman motioned to conclude Legislative Session; the motion was seconded by Mrs. Bartkovich, and accepted upon a unanimous vote of the Council members present. With business concluded, the Legislative Session was adjourned. Council reconvened its Executive Session.
ATTEST:
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Edgar A. Baker, Jr.
Attorney for Wicomico County, Maryland
DEPARTMENT OF PLANNING, ZONING AND COMMUNITY DEVELOPMENT
Mrs. Gloria Smith,
Planner, came before the County Council to conduct a Public Hearing on the
establishment of Wicomico County Agricultural Land Preservation Districts.
In accordance with procedures established by the Wicomico County Agricultural Land Preservation Program, the County Council is required to approve applications by landowners wishing to establish Agricultural Preservation Districts on their property. Application on the part of landowners is entirely voluntary. The Council’s role is to consider the recommendation of the County Agricultural Land Preservation Advisory Board, the testimony of applicants, and comments of adjacent landowners and the public as to whether a district should or should not be established on an applicant’s farm. Following the Council’s approval, a District Agreement will be recorded in the Land Records of Wicomico County for each district. Establishment of a district limits use of the land to farming for a minimum of five years (ten years if Property Tax Credits are received). Once a district is formed, landowners are then eligible to apply to sell development rights easements to the County.
1. Ruth Freeman District – Salisbury: The property consists of approximately 140.0 acres located north of Salisbury. The site is currently enrolled in the CRP program and the site is located partially over the Paleochannel. There are two residential structures as well as a farm structure on the property. The entire parcel is zoned Agricultural-Rural and also adjoins a portion of the Metro Core boundary. The surrounding land uses are agriculture and timber production.
2. William Blan Harcum District #1 – Sharptown: The property consists of approximately 160.0 acres located south of Sharptown. The site is used for grain production. The entire parcel is zoned Agricultural-Rural and adjoins a portion of the Allen (State) Agricultural Easement property. The surrounding land uses are agriculture and timber production.
3. William Blan Harcum
District #2 – Sharptown: The property consists of approximately 128.6 acres
located south of Sharptown. The site is
used for dairy and grain production with some woodland. The entire parcel is
zoned Agricultural-Rural and adjoins the Banks (County) Agricultural
Preservation District. The surrounding
land uses are agriculture and timber production.
The County Agricultural Land Preservation Advisory Board has reviewed the requested districts, determined eligibility, and submitted a favorable recommendation.
Mr. James Trader, Genealogist, Historian and Board Director of Coalition to Protect Maryland Burial Sites, came before Council and to the attention of the Planning Staff to inquire whether an investigation pertinent to historical burial sites was conducted on these properties, recognizing the absence of a County ordinance mandating archeological, or historical preservation. Mr. Trader proceeded to submit genealogy of the Blan Harcum/Wright lineage together with information regarding title changes. He told Council he has had previous discussion with the Planning Office regarding the preservation of burial sites when property reviews are conducted and, recommends adding such wording to the permit application. He asks that Council give consideration to the heirs of the Wright Family (Harcum) for preservation of burial sites known to be on the property and, to appropriately identify same on tax maps. Mr. Blan Harcum, Jr. came forward to express that his family is aware of the burial sites and has no intention to destroy it via development. Mrs. Smith added, that the character of land does not change by establishing an Agricultural Preservation District. Mr. Shea suggested and Council concurred, to revisit this subject during a work session with representation from the Planning Commission. To that end, on motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, Council voted to establish the districts. Mr. Trader offered his participation should Council decide to establish a Wicomico County Cemetery Preservation Board.
Mr. Michael Pennington, Executive Director, Tri-County Council, requested adoption of the Comprehensive Economic Development Strategy (CEDS) for the Lower Eastern Shore of Maryland. A copy of the Strategy is available on the Tri-County Council website www.lowershore.org. On motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, Council passed a resolution adopting the plan.
Mr. Russell Cooper directed his comments toward Council member Taylor: expressed his disagreement with the comment that the County Council would have to educate voters - voters must educate themselves. Second, that the Daily Times reported Mr. Taylor to have said, no one in Wicomico County is qualified for the position of Elected County Executive.
Mr. James Trader called Council’s attention to needed repairs at the Library, questioned the implementation of proposed zoning revisions and Council’s intent to implement recommendations of the Performance Audit Committee. Mr. Trader was advised that the Performance Audit Committee has reconvened to continue its work and the County Attorney continues to work on the technical aspects of the zoning ordinance.
Mrs. Prettyman expressed that she was disturbed to read in the Daily Times, assuming the article was written correctly, that the County had interest in purchasing the property known as, the Salisbury Mall and, assuming the article to be correct, she wished to go on record as strongly opposing it. While she agrees development would be good for the County at-large, she opines the purchase should be from the private sector. Mr. Long commented that the article’s inference was the personal opinion of the Tourism Board President, that the development would compliment the Civic Center operation. Council agreed if economically feasible, renovating the site would benefit the community. President Sarbanes agrees the purchase should be done from the private sector.
Mr. Taylor stated, while he chooses not to respond to negative media it is appropriate to correct Mr. Cooper’s and others assessment of what he stated to the Daily Times. Using the example of the number of applicants for the position of Administrative Director, applied to an Elected Executive, of the 56 applicants only two were from Wicomico County and would qualify because of their residency. The Elected Executive must live in Wicomico County. Regarding his comment to educate the public, he is of the opinion that everything Council does, educates the public.
Mrs. Prettyman felt it behooved Council to thank the Daily Times for reporting and Access26 for broadcasting Council meetings. She called attention to the last Council meeting’s public comment portion of the meeting being omitted from the broadcast.
Mr. Long then motioned that by authority of Section 10-508a of the State Government Articles of the Annotated Code of Maryland, Council enter into closed session at
1:30 p.m. The motion was seconded by Mr. Dodd, and unanimously carried.
There being no further business to come before the County Council, the meeting was adjourned.
___________________________________
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