Wicomico County, MD
Council Minutes
April 15, 2003
The Wicomico County Council met in Executive Session on
Councilman Dodd presented a Proclamation from the Wicomico
County Council declaring Public Safety Dispatcher Week in
PROCLAMATION
BY THE COUNTY COUNCIL OF
WHEREAS, each day, thousands of Americans dial 9 – 1 – 1 for help in emergencies ranging from house fires and automobile accidents to heart attacks and child poisonings; and
WHEREAS, the men and women who answer these calls, gathering essential information and dispatching the appropriate assistance, can often make the difference between life and death for persons in need; and
WHEREAS, they are more than just a calm and reassuring voice at the other end of the phone but are knowledgeable and highly trained individuals who work closely with other police, fire and medical personnel; and
WHEREAS, the 15 dispatchers of Wicomico County Emergency Services who work around the clock, all year long, to answer the emergency needs of the citizens of this County are the true first responders, never seen in the public eye, but may hear the last words of a small child trapped in a fire or may give someone the instructions in CPR that may save another’s life; and
WHEREAS, Congress has designated, and the President has proclaimed, and this Country has observed since 1992, the second week in April as a special time to recognize the crucial role dispatchers and telecommunications officers play in the protection of life and property;
NOW, THEREFORE, be it resolved by the County Council of Wicomico County, Maryland, that April 13 through 19, 2003, be, and hereby is, proclaimed
Public
Safety Dispatcher Week
in
And that on the occasion of this, the 11th anniversary of the inception of this recognition, all citizens join with us in acknowledging the great debt we owe to the men and women who, by applying their expertise in telecommunications and emergency medical dispatching, help make it possible for Wicomico County and the Nation to enjoy the highest standards of public health and safety in the world, and further join us in extending a heartfelt thanks to each of them. We all breathe easier during the day and rest better at night knowing we have them there to rely on.
President Sarbanes called for additions or corrections to
the Minutes of
Theodore E. Shea, II, Administrative Director, submitted the following items of business:
Maryland Department of Housing and Community Development
Mr. Shea reported the Maryland Department of Housing and
Community Development has informed
Board of Education Budget Transfers
On motion made by Mr. Taylor, seconded by Mr. Long, and unanimously carried, Council approved transfers of funds between major categories of the Board of Education’s Annual Budget for FY 2002-03, for the month of April in the amount of $56,596. Mr. Shea advised that $26,596 of this amount, was approved by Council in March 2003 however the Transfer To/Transfer From Account Numbers were reversed. The Board also requests Council’s concurrence in transfers within major categories of its FY 2002-03 Annual Budget for the month of April, in the amount of $28,500. Council concurred.
In other Board matters Mrs. Prettyman shared that she was contacted by a constituent over an incident that began on a school bus and resulted in arrest. The constituent requested review of the recorded tape from the bus, only to be told the tape was not available. Mrs. Prettyman expressed concern regarding the importance of using the recording equipment and its availability for review to promote a sense of safety. To that end, she requested the Board’s Transportation Department provide her with a schedule of times for recording activity while traveling on school buses.
On motion made by Mrs. Prettyman, seconded by Mr. Long, and unanimously carried, Ms. Kathryn Wilde and Ms. Marlene Rinnier were appointed to serve as members of the Board of Trustees, for terms of three years, FY 2004-06.
The Board also requested approval to reappoint Granville Dutton, Laura Thorpe and Theresa Morris, to second terms of three years, FY 2004-06.
For information, Mr. Shea announced the Office of the State
Fire Marshall requests the Shorebirds to notify city and county governments,
local fire and police departments, and the 9ll
Council is in receipt of a letter containing background
information on the Delmarva Conservation Corridor; a follow up to the
Congressman’s appearance before Council at its
Mrs. Patricia Petersen submitted the Statement of Latest
Investment Rates/Balances for All County Funds as of April 15,2003 which
reflects a total General Fund balance of $1,239,214; Capital Project Fund
balance of $26,489,302. Total Major Non-Designated
Mr. P. Rai Sharma, Director, advised that his Department has
received complaints with regard to potholes and other needed road
improvements. He wished to remind citizens
that the department is working at capacity to make improvements and to do so in
a timely fashion. Due to a difficult
winter, his department is challenged to make more than its scheduled repairs.
Mr. Dodd called attention to the ongoing water problems on
At
Council’s request for an update to an ongoing water problem on property that
borders
Ms. Cindy Shifler, Alcohol and Drug Coordinator, came before Council on behalf of the Wicomico County Underage Drinking Coalition, Wicomico County Health Department and Wicomico Partnership for Families and Children to solicit support of the campaign, Parents Who Host Loose The Most. She reported, as the Prom season approaches awareness is drawn to underage drinking. A primary focus of the campaign is to educate parents, making them aware that allowing underage drinking is a civil impropriety with fines up to $1,000 and should an underage consumer leave the home of an adult, injure themselves or someone else the adult could be held responsible. Media coverage, billboard and posters, fact sheets and decals are promoting the message. Council wished to join in the promotion and invited Ms. Shifler to return during its May 6 meeting to receive a Proclamation.
Notice was given in compliance with Section 197-15(E) of the Wicomico County Code, that the County Council of Wicomico County, Maryland would hold public hearings at its regular meeting at the Government Office Building in Salisbury, Maryland on Tuesday, April 15, 2003 at 11:00 a.m. for the purpose of hearing comments, protests and objections to the following road closing requests. Mr. Baker reminded Council of the process by which future streets are closed; application to the Department of Public Works, review by various agencies to provide comment, and the conduct of a Public Hearing. The entire cost, including attorney fees and advertisement, is borne by the applicant.
Benjamin S. and Delores J. Hall and Irmin O. and Virginia H. Kamm request the closure of a future street extension located off Mockingbird Lane between Parcels 58 and 544 on County Map 63, and being more particularly shown and described on a plat entitled “Subdivision for R. F. Walter, Nanticoke, Md., prepared by Hannaman Burroughs Co., dated April 12, 1927 and on a plat entitled, Property Survey Daniel C. (&) Lillie G. Deer, Jr., prepared by G. F. Schafer, R.L.S., dated August 20, 1965.
Raymond Smethurst, Esq., who represents Irmin and Virginia Kamm confirmed the Kamms are in favor of the closure, that the closing would not have a traffic impact necessitating a traffic control plan. There being no further public comment, on motion made by Mr. Long, seconded by Mrs. Prettyman, and unanimously carried, the Council voted to close the aforementioned street as described.
Joseph V. and Jennifer Guard, Mark L. and Marguerite Townsend, and Ruth O. Kemp request the closure of a future street extension located off Hall Drive between Lot 11, Block C and Lot l, Block F and being more particularly shown and described on a plat entitled “Suburban Acres” dated March 20, 1956, and recorded in Plat Cabinet No. JWTS 396, Folio 63.
Mr. and Mrs. Guard, together with Mr. Townsend, came before Council indicating there has been no development on the street for the past thirty-seven years and, that they had no objection to its closing. There being no further public comment, on motion made by Mr. Long, seconded by Mrs. Prettyman, and unanimously carried, Council voted to close the aforementioned street as described.
Dara L. Hanna and R. Marshall Geeslin and others request the closure of a future street extension located on Emerson Avenue on the southerly side of Lot 1, Block B and being more particularly shown and described on City of Salisbury Tax Map No. 103, Parcel 431. There being no public comment or objection, on motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, Council voted to close the aforementioned street as described.
Notice was 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 at its regular meeting on Tuesday, April 15, 2003 at 11:00 a.m. to the County Council’s proposed resolution to lease S & H Farms, Inc., all that tract or parcel of land situate in the Salisbury Election District of Wicomico County, Maryland, containing seventy-two (72) acres of tillable land, more or less, located on the southeasterly side of Whitehaven Road and being fully contained within the boundaries of the property acquired by Wicomico County, Maryland by deed from W. Thomas Hershey and Elizabeth W. Hershey, dated October 2, 1997 and recorded among the Land Records of Wicomico County, Maryland in Liber 1564, folio 379, and known as Pirate’s Wharf Park.. The aforementioned property, having been offered for bid and S & H Farms, Inc. being the high bidder, is now to be leased to S & H Farms, Inc., at a rental of Four Thousand Five Hundred Thirty-Six Dollars ($4536.00) for an initial term of 1 year, with two additional one-year renewal options. The rental for each renewal term shall be increased by the cost of living. S & H Farms, Inc. is permitted to use the property for farming purposes only.
Mr. Ralph Harcum, the previous tenant, came before Council to express his discontent with the re-bid of the aforementioned property. Mr. Harcum told Council he was of the understanding that his contract was for one year, with two additional years however, due to the re-bid of the property he now understands it to be a one-year, nonrenewable. Mr. Baker stated the original bid was for a one-year term due to the development potential for the land and, that the new lease was for a one year annually renewable term for up to three years maximum, with the price negotiable based on the consumer price index because the development potential is now diminished with limited state funding available. Discussion ensued regarding the original bid, termination of lease and re-bid process. In accordance to County procedures bids were let, and while Mr. Harcum expressed there was a delay in his receiving the bid, he did submit a timely bid however
S & H Farms, Inc. submitted the highest offer to lease this County-owned property. Mrs. Prettyman expressed her apology to Mr. Harcum for this misunderstanding and, joined by her colleagues, encouraged consistency in the development standardized language when leasing County-owned property; that language be specifically written, detailing the terms of lease renewal or its non-renewal. On motion made by Mrs. Prettyman, seconded by Mr. Taylor, and unanimously carried, Council voted to re-bid the lease, make the terms year-to-year. President Sarbanes expressed concern that the three bids received are now public knowledge therefore, potential bidders are aware of the numbers. The Purchasing Director provided a copy of the advertised bid and certification. John Terrell, Department of Recreation and Parks, reiterated that the Request for Proposals were done in accordance with County policy, Mr. Harcum did receive and submit a bid and that there was opportunity for discussion if there were questions. While he is apologetic as well for the misunderstanding, he would suggest that the misunderstanding was that of the bidder, not the County. Mrs. Prettyman then withdrew her motion and Mr. Taylor withdrew his second, due to time constraints and Mr. Terrell’s confirmation. On motion made by Mr. Long, seconded by Mrs. Prettyman, and unanimously carried, Council awarded the bid to S & H Farms, Inc. Mrs. Prettyman seconded the motion and it was unanimously carried.
Director Jack Lenox and Planner
Gloria Smith came before Council regarding proposed annexations. Mr. Lenox pointed out that the City of
Mr.
John Plummer and Mr. Donald Coffin representing themselves and the organization
VOICE questioned the revenue projections for real property taxes on the
proposed FY2004 budget. Mr. Plummer
pointed out that the figures showed a 5% increase, not 2% under the cap. Mrs. Petersen explained that the budgeted
revenue was calculated differently this
year and you could not directly compare the numbers for FY2003 to
those for FY2004.
In FY2003, the County used gross assessment figures, including new
construction, but in FY2004, after consultation with the State Department of
Assessments, Talbot County (with an identical revenue cap), and the County
Attorney, it was determined that the appropriate way to calculate revenue was
to exclude new construction from allowable revenue under the cap and then add
the revenue from new construction separately.
Mr. Baker added that the language of the property tax limitation
excluded new construction and new construction was always meant to be excluded
under the cap. Ms. Petersen gave Mr.
Plummer and Mr. Coffin copies of the calculation and the constant yield tax
notice from which she derived her projections.
Mr. Plummer asked that an explanation be provided to the public about
the change, and Ms. Petersen agreed to draft one for Council's review and
dissemination to the public at the public hearing, and also to fax a copy of
the approved explanation to Mr. Plummer and Mr. Coffin prior to the public
hearing. Mr. Coffin expressed his appreciation for the opportunity for public
comment and for Council’s action on the vote for House Bill 634.
There were no Council comments.
With no further business to come before the Council, Mrs. Prettyman motioned to enter closed work session. Mr. Long seconded the motion and it was unanimously approved. The meeting was adjourned.
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Anthony Sarbanes, President
________________________________________
Charles R. Dashiell, Jr., Vice President
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Edward T. Taylor, District 1
________________________________________
Stevie Prettyman, District 2
________________________________________
Gail M. Bartkovich, District 3
________________________________________
Marvin R. Long, District 4
_________________________________________
Larry W. Dodd, District 5
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Theodore E. Shea, II
Administrative Director