Wicomico County, MD
Council Minutes
April 6, 2004
The County
Council of Wicomico County, Maryland met in Executive Session on
President Sarbanes called the meeting to order and Council member Edward T. Taylor presented a proclamation to Lori Carter, Planning, Zoning & Community Development, recognizing April 2004 as “Fair Housing Month.”
On motion of Mrs. Prettyman, Council approved the revised
Mrs. Prettyman wished to announce that House Bill 1236 (enabling legislation for a proposed excise tax) would be submitted to the Maryland Senate members tomorrow and inquired as to whether any Council members plan to attend to either support or oppose the Bill. Mrs. Prettyman referred to the proposed Bill passing the House of Delegates and the fact she would be in attendance during the Senate hearing to voice her opposition.
ADMINISTRATIVE DIRECTOR
Manufacturer’s Tax Exemption Request: During a previous meeting, Council discussed the eligibility of certain leased equipment currently included in State calculations on which an exemption is based. Following research on the subject, the Administrative
Director asked Council if they were prepared to take action on the County’s current policy. Patricia Petersen, Finance Director, also asked Council if they would prefer to review and act on a pending request for a manufacturer’s tax exemption submitted by Di Carlo Precision Instruments; Mr. Darrell Fearin, General Manager, was asked to join Council at the table. Mr. Fearin emphasized the importance of this exemption, which would allow the company to bring in additional operating equipment and has allowed the hiring five new employees. Discussion among Council members ensued regarding the importance of economic development incentives, as well as the fact that this request had been submitted prior to any consideration to amend County manufacturer’s tax exemption eligibility. Mr. Taylor motioned to grant the company’s request for an exemption and that it be “grandfathered” in before proceeding with any policy change. The motion was seconded by Mr. Dashiell. During discussion of the motion, Mr. Long asked the Finance Director if Council is required to accept State eligibility in its entirety, to which Mrs. Petersen replied that it is for Council to decide. Mrs. Petersen also explained the complexities and additional work that would be presented if the County accepts only portions of the State eligibility status to companies. The President called for a vote and the request was unanimously approved. Council also agreed to request a meeting with David Ryan, Executive Director, Salisbury-Wicomico Economic Development to review the County’s current policy on such exemptions.
One-Day Alcohol License Requests: The Recreation Commission has reviewed and recommends approval of two requests for one-day alcohol licenses for special events:
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Great American Turtle Races on
FY 2004-2005 Expense Budget: The Administrative Director submitted the Proposed Expense Budget for fiscal year 2004-2005 to Council. The Budget Message includes, but is not limited to the following points.
Indications from the Finance Department are that revenues for 2004-2005 would be approximately $100,696,012, as compared to budgeted revenues of $99,532,309 for 2003-2004. This represents an increase of approximately $1.1 million. The tax revenue limitation placed on the County in 2000, is the lesser of 2% of the previous year’s revenues or the Consumer Price Index rate on December 31, which was 1.9%. Accordingly, the preliminary estimate is that real property subject to the revenue cap will generate property tax revenue of $40,681,430. Based on assessment figures from the State, this represents a 1.9% increase. Total real property revenues, including new construction, are projected at $42,103,041 and would require a tax rate of $1.025.
Personal property taxes are now set by law to be 2.5 times the tax rate for real property. Preliminary estimates are that the tax rate next year will be $2.563. The anticipated revenue for 2004-2005 will be $11,726,341, a decrease of $415,898 over budgeted 2003-2004 revenues of $12,142,239. Since personal property taxes are tied by law to the real property tax rate, as the real property tax rate decreases, so too does the personal property tax rate. Local income tax revenue is estimated at $32 million, which is $1 million more that last year’s budgeted $31million. The carry forward balance for FY 2004-2005 is an estimated $2,338,483 and is down $524,871 compared to the current year.
Mr. Shea requested Council to set the public hearing date
for the expense budget, as well as the Constant Yield Tax Rate. Accordingly, Council set the public hearing
date for the expense budget for
Council set the date of
Board of Education Capital Improvements Budget: Mr. Shea has received a request from the
Board of Education, to allow reallocation of certain funds contained in the
proposed 2005 Capital Improvement Budget.
The Board is asking that $325,000 from the
Mr. Shea recommends increasing the North Salisbury Project by $625,000, but showing no change in the Parkside and Bennett projects at this time. Mr. Shea reminded Council that the amount the County actually borrows is determined when Council sets the bond
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issues; if Council chooses to allocate $625,000 for the North Salisbury Project, the amounts for the Parkside and Bennett projects may be reduced at that point. If the amounts were reduced now, Council would be restricted to restoring only 25% of the two project costs. On motion of Mr. Long and seconded by Mrs. Prettyman, Council unanimously approved Mr. Shea’s recommendation for the Board of Education’s request.
Director of Human Resources: Mr. Shea introduced Mr. Thomas Calo as the new Director of Human Resources for City/County governments. Council President welcomed Mr. Calo to the staff and Mr. Shea added that the County is fortunate to have someone of Mr. Calo’s caliber and impressive credentials. Mr. Shea requested and received Council’s unanimous confirmation of Mr. Calo’s appointment, by motion of
Mr. Long, seconded by Mr. Dashiell.
Wicomico County Health Department: Dr. Judith Sensenbrenner, County Health
Officer, came before Council to discuss continued funding of the Department’s
Adolescent Pregnancy Prevention program.
Dr. Sensenbrenner shared statistics, citing that the
FINANCIAL REPORT
Patricia Petersen, Finance Director, submitted the following items of business:
Mrs. Petersen reported that the Financial Report consists of changes within the Contingency Fund, reflecting an increase in usage of $7,900; this leaves a balance of $888,625.
Salisbury Fire Dept., Inc., Station 16: The Volunteer Firemen had previously submitted a request for $79,684 Capital Incentive Sinking Funds. Council requested clarification if the various equipment to be purchased qualified for these funds. Mr. Tony Waller, President, responded with a detailed explanation for the use of the funds. Mr. Long stated that he was satisfied with the request and motioned to approve the request, seconded by Mrs. Prettyman and unanimously approved.
Mrs. Bartkovich referred to Chapter 39 of the
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this requirement, particularly in light of budget sessions beginning later this month. Council concurred.
Allen Volunteer Fire Company: The Volunteer Fire Company is requesting use of $16,000 Capital funds in the purchase a new marine rescue boat. The Finance Department has received documentation confirming matching funds. On motion of Mr. Long, seconded by Mrs. Prettyman, Council unanimously approved the request. In addition, Allen has requested its allocation of State 508 Fire Grant funds. This does not require approval.
Request Transfer of Funds: Mrs. Petersen is requesting a transfer from the Contingency account in the amount of $10,000 to supplement payment to Pigg Krahl & Stern, independent auditors. This is the final payment for the firm’s work in preparing the FY 2003 County audit; creation of financial statements required overtime expenditures. On motion of Mr. Taylor, seconded by Mr. Dashiell, Council unanimously approved the transfer of $10,000. Mrs. Prettyman asked if it would have been less expensive if staff had performed this work; Mrs. Petersen remarked that the department had neither the staff nor expertise.
Payment of Bill: Mrs. Petersen has received a billing from Todd Shelley for grass cutting services in accordance with the County’s Nuisance Abatement policy. A lien shall be placed on the property for the amount of the billing. On motion of Mrs. Bartkovich, seconded by Mr. Dashiell, Council unanimously approved payment in the amount of $220.
Room Tax Collection Report: Mrs. Petersen reported that tax collections are $31,000 ahead of last year’s figures; there is one delinquent account. There are two outstanding accounts; one business has filed bankruptcy and the County has placed a suit against the second business.
FEMA Payments: The Finance Department has received unanticipated revenue from Federal Emergency Management Agency, as a result of Hurricane Isabel. The County departments involved in providing emergency services during the event are now requesting reimbursement for expenses. On motion of Mr. Long, seconded by
Mrs. Prettyman, Council unanimously approved the request.
Service Charges: Each year, the County imposes a service charge on the second semi-annual payment of property taxes; this helps offset lost interest. Mrs. Petersen is recommending a 0.281% charge calculated on the second payment. On motion of Mr. Dashiell and a second by Mr. Taylor, Council approved the recommended service charge rate.
Miscellaneous:
During a prior meeting, there was a question as to whether the Delmar
volunteer firemen must reimburse the Town of
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coverage under the Town’s policy. Mrs. Petersen confirmed a required reimbursement and stated that the $2,500 allocation has been sent to the Volunteers.
DEPARTMENT OF PUBLIC WORKS
John Redden, Deputy Director for Public Works, submitted the following subdivision plats for Council’s review:
Subdivision: for Simms DPW# 6-04
Location:
Applicant: Hampshire, Hampshire & Andrews
Owner: Donald and Shirley Simms
The applicant proposes to subdivide two lots from a 4.0 acre parcel; the 2.4 acre residue would be added to an adjacent parcel. Each proposed lot has an existing dwelling.
This parcel was subdivided from Parcel 51 and approved as the third minor lot in 1994.
Any further development would normally be subject to density and set-aside requirements established in 1998. However, an amendment to the Subdivision Regulations in 1999 allows for the one-time creation of 2 lots from a parcel containing non-conforming residential dwellings in existence prior to 1999. This is allowed provided the subdivision complies to the maximum extent possible with applicable subdivision regulations. Since compliance with density requirements is not feasible, a waiver is required; yet, compliance with set-aside requirements of 50% is feasible, thereby not requiring a waiver. The Department recommends approval of the subdivision by the Planning Commission, subject to the following conditions being met:
Council concurred with all conditions and the recommendation.
Subdivision: re-subdivision
for
Location:
Applicant: Davis, Bowen & Friedel
Owner: John Richardson et al
The applicant proposes to re-subdivide an existing lot to allow construction of a dwelling.
One lot will consist of 11.2 acres, 0.6 acres of which is
located in the critical area and proposed for sewage purposes. The second lot of 31.5 acres would be used as
open space. Both proposed lots would
front and have access to
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Matt Hedger, Planner, explained that this subdivision is required to meet
Health Department and Critical Areas regulations. The Critical Area Commission’s letter of
approval received
Subdivision: Fox Meadows DPW # 7-04
Location:
Applicant: Hampshire, Hampshire & Andrews
Owner: Gemcraft
Homes
The applicant proposes to subdivide the remnant parcel from Fox Meadows, Section 1.
Six lots would be created, as well as 0.5 acres of new
roads; this subdivision will leave an 8.2 acre remnant for future
development. All lots will front and
have access on extensions of
Council posed questions relating to the proximity of this subdivision to the nearby Bennett Airfield, suggested 7 a.m. to 5 p.m. operating hours of the construction company and prohibition of stockpiling building materials along the road way. Following review, Council concurred with all conditions and recommendations.
Mrs. Prettyman asked the
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Project Updates:
The
Various County roads have received preliminary work to repair a variety of winter damage. Roads Division will begin surface work in about two weeks and anticipates completion during the summer.
Whitehaven Ferry:
Ramp and bulkhead repairs on the
Miscellaneous Questions and Updates: At Mr. Long’s inquiry, Mr. Sharma announced the next Hazardous Household Materials Disposal program would be held in the autumn.
The Tire Amnesty Day will take place later this summer; however, e-recycling is available on a daily basis.
Mr. Sharma also requested that a Council member accompany
him to tour a methane gas conversion facility in
Edgar A. Baker, Jr., requested Council to enter Legislative Session. It should be noted that actions taken in Legislative Session are contained in separate Minutes, which are available to the public.
With Legislative Session concluded, Council reconvened Executive Session.
The County Attorney conducted a public hearing whereby if Interfaith Housing Development Corporation of Maryland Eastern Shore, Inc. proposes to acquire, construct and operate a rental housing project on the southerly side of Naylor Mill Road, for senior citizens of moderate to low income; then Wicomico County, Maryland shall rant a deferral of real estate taxes due during the first ten years of operation. Beginning year 11
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through 20, the project will pay,
in addition to the full current tax due, 10% of the deferred tax each year
until fully paid. The residents of
Mr. Sarbanes called for public comments, however, there were none. On motion of
Mr. Long and a second by Mr. Dashiell, Council adopted Resolution 574 by a unanimous vote of five.
Mr. Baker then conducted a public hearing to adopt a Resolution to amend reclamation standards for County owned or operated borrow pits that are utilized for the construction or maintenance of county roads and other public facilities.
On motion of Mr. Dashiell, Council adopted Resolution 575 by unanimous vote of five.
It should be noted that Resolutions are on file in the County Administrative Offices and are public information.
PLANNING, ZONING & COMMUNITY DEVELOPMENT
John Lenox, Director, provided updates on the following projects:
Housing: Lori
Carter, Deputy Director of the Department, is working with the
Tischler Study: This firm has submitted a draft report regarding the review of developmental impact fees and the Department is performing an internal review at this time. Mr. Lenox anticipates the project would be completed during this fiscal year.
BEACON Report: Mr. Lenox advised Council that a rough draft report has been received. Mrs. Prettyman asked for copies of the draft for Council’s review.
Council comments:
Mr. Dashiell asked whether Council might schedule a public hearing for the Comprehensive Plan during the next Executive Session; Mr. Lenox replied that would be suitable. Mr. Baker requested that Council consider the week of May 10 or May 24, since he would be out of the office the week of May 17. Mr. Baker also asked Council if they would prefer to hold the public hearing during an Executive Session or perhaps
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during an evening meeting, reminding all that public hearing/adoption is part of the Legislative process. There was general concurrence among Council that the public hearing should be held during evening hours to accommodate public attendance.
There was continued conversation regarding a date to introduce the legislation (separate and apart from a public hearing date).
RECREATION, PARKS AND TOURISM
2003 Annual Report: Gary Mackes, Director, reviewed highlights of the Department’s 2003 Annual Report, including but not limited to: restoration of several older park facilities; initiatives to develop a strategic plan to increase the tourism industry; implementing measures to reduce the tax appropriation to the Civic Center (during the past two years, the tax appropriation to operate the Civic Center has been reduced by 67%); and strengthen the department’s relationship with its recreation councils and special boards.
Mr. Mackes also briefly reviewed 2004 objectives for all three divisions, such as: updating the County’s Land Preservation and Recreation Plan to reflect needs over the next 10 years; installation of lighting systems on soccer and softball fields at Henry Parker Athletic Complex; expand catering business; increase small events, conferences, trade shows, etc. at the Civic Center; continue to work with the developers of the Salisbury Mall property to ensure development of facilities to compliment business conducted at the Civic Center.
Mr. Mackes concluded the presentation by emphasizing the
continued decrease in the tax appropriation required from the County. For instance, the cost to support the
operating budget of the
This is recurring, because of the failure of the
jetties.
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This would require a 10% match or $250,000, which hopefully,
would be funded by the State of
Visioning Committee: As Chair of the committee, Mr. Mackes briefly explained the purpose of the Visioning Committee as the initiative of the Tri-County Council to determine the future needs of the lower shore counties. The Committee has identified five challenges as: 1) water & sewer; 2) providing higher paying jobs; 3) addressing issues that pertain to public health; 4) having sensitivity to new and growing populations; and 5) addressing issues involving families and children of “high risk”; all for the purpose of seeking and implementing solutions.
Mr. Mackes then requested Council to adopt the work of the Visioning Committee.
Mr. Taylor then moved to approve the request; the motion received a second by
Mr. Dashiell. There was no discussion and Council unanimously approved the motion with seven favorable votes.
PUBLIC COMMENTS
Mary Ashanti, President, NAACP, addressed Council on affordable housing and inspections and landlord license issues. She requested information on any existing housing study.
Mrs. Lori Holland posed specific questions regarding a personnel matter involving her husband, an employee with the Sheriff’s Office. Mrs. Holland also read several letters and e-mails regarding the subject.
Mr. Robert Tunney also shared his concerns regarding the referenced personnel matter, requesting Council to investigate.
Mr. Russell Cooper, who served as project inspector for the
R. Hunter Nelms, Sheriff, responded to the public comments and questions regarding the personnel issue to the extent allowable; referred to his comments during the prior day’s press conference regarding re-assignment of personnel; explained the visit to the DRILL Academy by an Advisory Board member; and stated that construction issues must be addressed by the architects and engineers who were hired by the County.
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COUNCIL COMMENTS
Mrs. Bartkovich thanked Mrs. Holland for her comments;
expressed her concern regarding construction issues; spoke of the high regard
with which Lt. Holland is held; and her concerns about re-assignment of
personnel at the
Mr. Taylor, who serves as President of the Advisory Board,
stated that the reasons why certain personnel were removed from duty at the
Nancy Tunney, sister of Lt. Holland, was granted the opportunity to speak so that she could pose a question as to why an Advisory Board member could enter the Academy, while a Council member could not.
Again, the
Mr. Sarbanes then granted Mr. James Trader the opportunity to speak. Mr. Trader posed questions relative to deteriorating grouting on the exterior of the Library and asked Council to fix the problem. Mr. Long responded that he had spoken to Mr. Buchanan, who would like to have vocational/technical students make the repairs.
Mr. Trader stated that last November, he brought to the attention of Council and Mr. Mackes that there is a broken gravestone on Cedar Hill park property, which now cannot be located. Mr. Trader suggested that this should be budgeted for replacement.
Mrs. Prettyman wished to thank all department representatives for their efforts in compiling the proposed operating budget.
On a final note, Mr. Sarbanes brought attention to the County’s upgraded website that provides the general public the ability to ask specific questions and receive responses from the appropriate department. Mr. Sarbanes thanked all for attending today’s meeting.
Mr. Sarbanes requested and received Council’s concurrence to enter a closed session, as authorized by Section 10-(508) of the State Government Articles of the Annotated Code of Maryland.
The Executive Session was then adjourned.
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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