Wicomico County, MD
  Council Minutes
May 17, 2005

 

 

The Wicomico County Council met in Executive Session on Tuesday, May 17, 2005 at 10:00 a.m. in Council Chambers, Government Office Building, Salisbury, Maryland.  In attendance were Anthony Sarbanes, President, Charles R. Dashiell, Jr., Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich, Marvin R. Long and

Larry W. Dodd.

 

President Sarbanes called the meeting to order and recognized newly elected Willards Council member, Keith Twilley.

 

The following proclamations were presented:

 

NATIONAL DAY OF PERFECT ATTENDANCE IN WICOMICO – presented to Mary Ashanti, President, NAACP for Wicomico County by Council member Edward T. Taylor.

 

EMERGENCY MEDICAL SERVICES WEEK IN WICOMICO COUNTY – presented to Mike Farlow, President, Volunteer Firemen’s Association and paramedic John Wilson, by Council member Larry W. Dodd.

 

COMMUNITY FOUNDATION OF THE LOWER SHORE EASTERN – presented to Spicer Bell by Council Vice President Charles R. Dashiell.

 

NATIONAL POLICE WEEK IN WICOMICO COUNTY – presented to Sheriff R. Hunter Nelms and Major Doris Schronbrunner.  In conjunction with public safety recognition, Sheriff Nelms recalled the April 7th incident wherein local law enforcement officers played a major role in the capture of a bi-state shooter. Because of their unselfish acts of valor, Deputy First Class Howard Bowden, Deputy First Class Lee Stephens and Deputy First Class J. C. Richardson received the   Meritorious Achievement Award, presented by Sheriff R. Hunter Nelms. 

 

Minutes:  On motion by Mrs. Bartkovich, seconded by Mr. Taylor and unanimously carried, Council accepted the Minutes of May 3, 2005 as written.

 

ADMINISTRATIVE DIRECTOR’S REPORT

Theodore E. Shea, Administrative Director, presented the following items of business.

 

Pemberton Drive- Schneider Property Proposed Annexation:  In accordance with Article 23A, Section 19 of the Maryland Code, the City of Salisbury transmitted

a copy of the services and facilities necessary to serve the proposed annexation.  Mrs. Bartkovich reiterated her request for information regarding the City of Salisbury’s sewer capacity.  Mr. Shea responded that Council would be advised if an Amendment to the Water and Sewer Plan was needed. There was no action requested.

 

Willards Properties, LLC/Cypress Creek Annexation

Notice is received in accordance with Article 23A, Section 19 of the Maryland Code, that the Town of Willards has received an annexation petition for the above named property. No action is requested.

 

Board of Education Budget Transfers

Present were Charles Bounds, Assistant Superintendent for Administrative Services, Tom Field, Assistant Superintendent of Curriculum and Instruction, E. Bruce Ford, Comptroller, and Dr. Carolyn Elmore, Director of Curriculum and Staff Development.

 

The Board of Education gave its approval to make transfers of funds between major categories of its approved Annual Budget for fiscal year 2004-2005 for the month of May, in the amount of $147,690, contingent upon Council approval.

 

The Board also transferred funds within the major categories of its Annual Budget for fiscal year 2004-2005 for the month of May, in the amount of $62,681. Council action is not required to transfer within categories.

 

In accordance to a gentlemen’s agreement to make transfers between categories under $1,000, the Board reported transfers for the month of May in the amount of $14,485. No action is required.

 

On motion made by Mr. Long, seconded by Mr. Dodd and unanimously carried, Council approved the requests.

 

Board of Education -Unreserved Fund Balance

The Board, at its regular meeting on May 10th approved seeking Council approval to designate $300,000 of its anticipated Unreserved Fund balance as of June 30, 2005, for future costs associated with the joint Financial Management and Reporting Software System acquisition between the Board of Education and Wicomico County.  The acquisition was deferred due to ongoing problems encountered with the MUNIs (current vendor) software package.  On motion made Mr. Long, seconded by Mr. Taylor and unanimously carried, Council approved. 

 

President Sarbanes announced that at the end of the current school year Dr. Carolyn Elmore will retire from the Board of Education after more than thirty years of service. 

 

Check Presentation

Mark Bowen, Clerk of Court, Karen Lemon, Registrar of Wills and Wendy Riley, Court Administrator came before Council.  Mr. Bowen wished to present a check (grant funds) in the amount of $42,300 to renovate the doors of the Old Court House. He expressed thanks to the State and County for their continuing support. 

 

 

Wicomico Youth and Civic Center- Enterprise Fund Designation

Gary Mackes, Director, Michael Delano and Ed Urban, Advisory Board members wished to address Council. Messrs. Delano and Urban recalled recommendation by the County’s Director of Finance that the Civic Center operate as an Enterprise Fund.  They consider the recommendation to be a financial control issue rather than one of governance.  Further, they agree the change will provide for continued accountability to the County Council. Mr. Taylor offered a motion to approve.  Mr. Long seconded the motion. Mrs. Prettyman stated she could not support the recommendation.  She called attention to the County’s other Enterprise Funds and that Solid Waste, Airport, the Wicomico Nursing Home and Urban Services Districts are business-type activities, all self-supported with no public dollars, provide a direct benefit to its users and a substantial indirect benefit through charges and user fees and, her concern in this case is the subsidy exceeds the direct or indirect benefit to the public.  Mrs. Prettyman then shared a statement from the County’s Audit which expressly states the criteria for an Enterprise Fund.  Mrs. Bartkovich stated that she might eventually be able to support the recommendation but could not do so at this time.  Further, that citizens are paying fees to use the facility, tax dollars and being used to support the facility and it is not self-sustaining.  Mr. Dodd agrees that he, too, might be able to support the recommendation at another time, but not presently. He stated that he is proud of the Civic Center, its hard-working employees and enjoys the events there.  Mr. Dodd also agrees the subsidy exceeds the benefit to taxpayers.  Mr. Dashiell stated that he supports the recommendation, that during earlier discussions he learned that Council would have the option after the fiscal year, to determine whether any remaining revenue was controlled by the Enterprise or returned to the County’s General Fund.  President Sarbanes added, County Roads is an Enterprise Fund however County taxpayer dollars were added to the Fund, which could possibly happen again this year. On a roll call vote, Mr. Dashiell voted yes, Mrs. Prettyman, no, Mr. Taylor, yes, Mr. Dodd, no, Mr. Long, yes, Mrs. Bartkovich, no, and the President, yes.  Mrs. Prettyman remarked that while Roads received taxpayer dollars, there is a direct benefit to the citizens. Mrs. Bartkovich added that roads are part of the infrastructure.  The motion passed on a four-to-three affirmative vote.  The Enterprise Fund will be effective, July 1, 2005. 

 

Budget Adoption

On motion made by Mr. Long, seconded by Mrs. Prettyman and unanimously carried, Council set the date of June 7, 2005 to adopt the Operating Budget.

 

DEPARTMENT OF FINANCE

 

Statement of Latest Investment Rates/Balances for all County Funds

Patricia Petersen, Director, submitted the Financial Report. Total General Fund balance, $556,982, Capital Project Fund balance, $31,976,670; Total Major Non-designated Funds, $52,376,270; and Total Reserve Funds of $6,178,451.

 

Invoices – D.R.I.L.L. Academy

Mrs. Petersen requested payment to Conectiv for electrical service at the D.R.I.L.L., in the amount of $783.14 and payment to the City of Salisbury for sewer services, in the amount of $573.32.  On motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council approved the payments.

 

Sharptown Volunteer Fire Department

Sharptown has submitted a request for its proportionate share of the Capital Incentive Sinking Fund, in the amount of $16,000. Accompanying the request is bank certification that matching funds are available.  On motion made by Mrs. Prettyman, seconded by Mr. Dashiell and unanimously carried, Council approved.

 

Senator William H. Amoss, Fire, Rescue and Ambulance Fund (508 Funds)

Mrs. Petersen reminded Council of the State audit conducted on the Fire, Rescue and Ambulance Fund.  Correspondence to volunteer fire departments requested information relating to fiscal year 2004 fund disbursements in fiscal year 2005, for facilities, apparatus and capital equipment. Funds to be encumbered for a specific permitted purpose are to be accompanied by bank certification.  Two of the four departments being audited by the State have not complied; City of Salisbury (16) and Willards. Mrs. Petersen also reminded Council, it is the County that will be penalized for insufficiencies or non-compliance. Both companies were contacted to reiterate the urgency of reporting.

 

Financial Management

On motion made by Mr. Taylor, seconded by Mr. Long and unanimously carried, Council approved payment to ACI in the amount of $11,866.25. 

 

Manufacturing Tax Exemptions

Mrs. Bartkovich asked whether the State would have to legislate authority to have manufacturing taxes included on the County’s tax rolls. Mr. Baker will research and respond.

 

 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 April 30, 2005.

 

Mrs. Prettyman questioned some of the items in the Drill Academy Budget.  Mrs. Petersen explained that Council had a choice.  They could budget it as an expense, in which case the move over would flow through the financial statements, or not budget it, in which case it would be a hit to the Rainy Day Fund.  By budgeting it, it is a current year expense - not budgeting it would mean the Rainy Day fund would have to be replenished in the next fiscal year.  In either case, the impact is the same - the move is estimated to cost the General Fund a little over $1.1 Million.

 

Edgar A. Baker, Jr., County Attorney – Jacqui Kamp, Planner,

Planning, Zoning and Community Development

NOTICE OF PUBLIC HEARING was given that the County Council would receive input from the public on the County’s proposed participation in the State Fiscal Year 2006 Community Development Block Grant (CDBG) Program.  Mrs. Kamp explained that the competitive round of funding was opened in March and applications were due by May 23, 2005.  There is approximately $5.8 Million Dollars available this round and the Department of Planning, Zoning and Community Development would like the County to consider its Housing Rehabilitation Program in the amount of $450,000; $400,000 toward rehabilitation and construction, $30,000 for project administration, $10,000 Coastal Counties Community Housing Resource Board and $10,000 allocation for relocation costs.  It is estimated that this level of funding will assist approximately 38 beneficiaries.  In addition, the Council is asked to consider hiring a consultant to perform a housing conditions study to identify the number and exact locations of all substandard housing in the County, to better administer the housing rehabilitation program and target funding to the most distressed areas of the County.  The approximate cost is $25,000, included in the housing rehabilitation application. 

 

Public Comments:  There were no public comments.

 

Council Comments:  Mrs. Kamp affirmed the question of Mrs. Bartkovich that municipalities, with the exception of the City of Salisbury, would be included in the study.  Council agrees both projects are worthy and of particular concern to Council members.  Mr. Dashiell was pleased that Mary Ashanti, President of the NAACP, who has expressed interest in Fair Housing in Wicomico County, was present. 

 

On motion made by Mr. Dodd, seconded by Mrs. Prettyman and unanimously carried, Council adopted Resolution No. 593 for the County’s proposed participation in the State Fiscal Year 2006 Community Development Block Grant (CDBG) Program and, the hiring of a consultant to perform a housing conditions study

 

P. RAI SHARMA, DIRECTOR, DEPARTMENT OF PUBLIC WORKS

 

Public Hearing – Water and Sewer

NOTICE OF PUBLIC HEARING:  A Public Hearing was held for the purpose of amending the Wicomico County Water and Sewer Plan, to allow inclusion of two commercial developments and one residential development. Delmarva Professional Center contains 7 commercial buildings located off John Deere Drive with a projected sewer and water usage of 17,500 GPD (gallons per day). Westside Manor will consist of 80 duplex units located off Queen Avenue with an estimated sewer and water usage of 20,500 GPD.  A car wash facility is proposed at the corner of Hampshire Road and Northgate Drive with a projected water usage of 4400 GPD and sewer usage of 300 GPD.  The developments will be served by public water and sewer from the City of Salisbury.

 

Mr. Sharma advised that the department has received a letter from the City of Salisbury stating the capacity will be allocated for the aforementioned projects.  In an effort to avoid overloading Salisbury’s municipal wastewater infrastructure, the number of EDUs (equivalent dwelling units) that the Salisbury Public Works department will approve for each phase of the Delmarva Professional Center and the Westside Manor projects in a given calendar year will be determined annually by the department.

 

Public Comments:  There were no public comments.

 

County Council:  Mr. Dashiell recalled part of the process was to involve the developers and is pleased this is taking place.  Mr. Sharma confirmed developers are being involved either from the sketch plat or preliminary plat stages. Mrs. Prettyman asked if the Westside Manor had received an estimated sewer and water usage, to which Mr. Sharma responded they were granted 82 EDUs.  Mr. Taylor asked the direction of the border and sewer lines either from West Road or Queen Avenue to enter Westside Manor.  Mr. Sharma responded the water main will be looped but the sewer will come from Queen Avenue. On motion made by Mrs. Bartkovich, seconded by Mr. Taylor and unanimously carried, Council approved.   For clarification, Mrs. Bartkovich advised one EDU is equal to 250 gallons.

 

Roads Taken Into County Maintenance System

The following roads were taken into the County’s Roads System for maintenance. All roads have met County standards:  Diva Court and Betty Court, U.S. Rt. 50/Richardson Road in Strawberry Village and Ebenezer Drive, located off West Road.  Mr. Dodd motioned for approval.  The motion was seconded by Mrs. Prettyman and unanimously carried.

 

Request to Post Construction Bond

Robert Messick, developer, request permission to post a bond in the amount of $326,000 to make improvements in Steeple Chase, Section 6, Subdivision’s streets, curb and gutter and drainage system.  Mr. Sharma recommends approval to allow the developer to record the plat, obtain building permits or sell the lot (s); the developer  cannot obtain occupancy permits until the improvements are complete and accepted by the Public Works Department.  On motion made by Mrs. Prettyman, seconded by Mr. Taylor and unanimously carried, Council approved.

 

PUBLIC COMMENTS

There were no public comments.

 

COUNCIL COMMENTS

Mrs. Pretttyman requested and Council concurred that future Closed Sessions would be at the end of the Council Agenda.

 

Mr. Taylor motioned, by authority of Section 10-508a of the State Government Articles of the Annotated Code of Maryland that Council enter into closed session. 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

 

Executive Session May 17, 2005