Wicomico County, MD
Council Minutes
May 18, 2004

The County Council of Wicomico County, Maryland, met in Executive Session on Tuesday, May 18, 2004, Council Chamber, Government Office Building, Salisbury, Maryland. Present were Anthony Sarbanes, President; Charles R. Dashiell, Vice President; Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich, Marvin R. Long and Larry W. Dodd.

President Sarbanes recognized Salisbury City Council member, Lavonzella Siggers.

The Minutes of May 4, 2004 were approved as corrected on motion of Mr. Dodd, seconded by Mr. Taylor and unanimously carried. The correction is noted in the original minutes.

Councilman Dodd presented Proclamations declaring May 16-22, 2004 Emergency Medical Services Week to, Dean Beach, President, Wicomico County Volunteer Firemen’s Association and, to Michael Carbaugh, Paramedic, Mardela Springs Volunteer Fire Company. The recipients were appreciative of Council’s recognition for the many contributions and selfless acts of heroism shown by these dedicated public servants.

PROCLAMATION

Whereas, the members of Emergency Medical Services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week to dramatically improve the survival and recovery rate of those who experience sudden illness or injury; and

Whereas, Emergency Medical Services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators, and others; and approximately two-thirds of all Emergency Medical Service providers are volunteers; and

Whereas, Emergency Medical Services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills from which Americans benefit and depend upon daily; and

Whereas, it is appropriate to recognize the 750,000 Emergency Medical Services providers who provide an essential community service every day.
NOW, THEREFORE BE IT RESOLVED that we, the County Council of Wicomico County, Maryland, in recognition of this event, do hereby proclaim the week of May 16 – 22, 2004, as

EMERGENCY MEDICAL SERVICES WEEK

ADMINISTRATIVE DIRECTOR

Theodore E. Shea, II, submitted the following items of business for Council’s consideration:

Rental Allowance Program (RAP): The Community Development Administration of the Maryland Department of Housing and Community Development has pooled the remaining fiscal year 2004 RAP funds for allocation and invites Wicomico County to apply for additional fiscal year 2004 funding in the amount of $9,779. At its March 16, 2004 meeting Council authorized the acceptance of annual grant funds in the amount of $24,495. The additional funding would increase the total grant to $34,274. On motion made by Mr. Dodd, seconded by Mr. Taylor, and unanimously carried, Council authorized the application for additional funding. The grant is administered by the Department of Social Services for Wicomico County.

Board of Education Budget Transfers: The Board of Education gave its approval to make transfers of funds between major categories of its approved Annual Budget for fiscal year 2003-2004 for the month of May, in the amount of $57,017, contingent upon Council approval. On motion made by Mr. Dodd, seconded by Mr. Taylor and unanimously carried, Council authorized the transfers.

The Board approved transfers of funds under $1,000 between

categories of its Annual Budget for fiscal year 2003-2004 for the month of May, in the amount of $16,319; in accordance with a previous Council’s gentlemen’s agreement. No action is required. The Board also transferred funds within the major categories of its Annual Budget for fiscal year 2003-2004 for the month of May, in the amount of $122,301. Council action is not required to transfer within categories.

Office of the Sheriff: The Sheriff recalled that during fiscal year 2004 budget deliberations he predicted an Operating Account shortfall. In response, Council instructed Sheriff Nelms to come before Council only if the operating budget was depleted. Sheriff Nelms and Major Doris Schonbrunner are now following up on Council’s prior instructions regarding an anticipated shortfall in the Sheriff’s Operating Account. Sheriff Nelms reported a current Operating Account balance of $19,587.68 and a projected shortfall of $147,533, most of which represents vehicle maintenance and equipment expenditures. Following discussion, Council concurred to allow payment of outstanding expenses in the amount of $15,400 from the $19,587.68 balance and to transfer funds as needed from the Sheriff’s Salary Account to the Operating Account up to $148,000 to cover the impending shortfall. Transfer requests will be review by the Administrative Director.

Gypsy Moth: Maryland Department of Agriculture has submitted an invoice for the conduct of gypsy moth surveys in Wicomico County, for fiscal year 2004. Total survey cost is $10,583 of which Wicomico County is responsible for a fifty-percent share or, $5,292. The County budgeted $3500 for the expense and a transfer is required to defray additional costs. Mr. Shea asked for a Contingency transfer. On motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, Council approved a transfer for the shortfall, $1,792.

Appraisal for Willards School: For information purposes, Mr. Shea recalled that Council authorized the appraisal of County surplus property located at 7302 Main Street, Willards, Maryland, known as the “old” Willards School. The Director of Purchasing solicited costs from three reputable appraisers previously used by the County; William Rayfield, W. R. McCain and, Appraisal Services, Inc.; the lowest quote was received from Appraisal Services, Inc. in an amount not-to-exceed $1,000. Appraisal Services, Inc. was instructed to conduct the appraisal. Estimates are expected within the month.

Enterprise Zone Benefits – Allen & Shariff Holdings, LLC and Allen & Shariff Corporation: In accordance with Article 23A, Section 19 of the Maryland Code, Wicomico County has received notification from the City of Salisbury of an annexation petition for the aforementioned. The City of Salisbury has determined the businesses qualify for the designation and approved the application at its May 10^th meeting. On motion made by Mr. Long, seconded by Mr. Dashiell and unanimously carried, Council concurred with the City’s recommendation.

Wicomico County Library Board of Trustees: On motion made by Mr. Taylor, seconded by Mr. Long and unanimously carried, Council reappointed Board members Lynne Peverley, J. Scott Robertson and C. Dennis Ignasias for a second term of three years, effective July l, 2004. Library Director, Thomas Hehman submits that in an effort to develop a closer working relationship and communication with the City of Salisbury, the Library Board voted to request the establishment of a City Council liaison (non-voting) position on the board. In conversation with City officials, Lynn Cathcart was named a likely representative. Messrs. Taylor and Long amended their motions to include the

creation of a Salisbury City Council non-voting position and, if the Salisbury City Council concurs, agrees to appoint Lynn Cathcart.

Wicomico County Airport Commission: On motion made by Mr. Dashiell, seconded by Mr. Long and unanimously carried, Council reappointed Edward Kremer and William Wyatt to the Commission. Mrs. Prettyman relayed to Council that she has had numerous people express an interest in serving on the Airport Commission. Further, if the Airport Commission members do not have term limits, it does not afford much opportunity for others to serve.

Shore Transit Appointment: At its February 3, 2004 meeting, Council confirmed the appointments of Dr. Judith Sensenbrenner, Wicomico Co. Health Dept., Thelma Price, Deer’s Head Hospital and Maria Grover, County citizen, to serve as the County’s voting members of the Shore Transit Advisory Board. In addition, Wicomico County was asked to nominate a non-voting ex-officio member. Council expressed their preference to have the representative be a voting member. Mr. Shea told Council the logistics of the appointment have not been confirmed and he wished to defer an appointment for further discussion with the Executive Director. Council agreed to defer the appointment.

Salisbury-Ocean City: Wicomico Regional Airport: Governor Robert Ehrlich, Jr. has announced State assistance to Wicomico County for the renovation of the former terminal building. The State will provide 12.2 percent or up to $66,144 of the $542,167 total cost of the project. This grant amount represents the partnering of the State of Maryland, Wicomico County and the Federal Aviation Administration.

(MACo) Maryland Association of Counties Conference: On motion made by Mr. Dodd, seconded by Mr. Long and unanimously carried, Council formally adopted a policy as it pertains to the MACo conference, historically held in Ocean City, Maryland. Council agreed Wicomico County would pay all costs for conference registrations, hotels and sundry expenses relating to the conference.

Adoption of Expense Budget: In accordance with Charter provisions the Expense Budget for the next fiscal year is adopted by May 31^st of the current year. Mr. Shea reminded Council that

May 31^st marks a legal holiday (Memorial Day) and therefore recommends moving the adoption to its June 1^st Executive Session. On motion made by Mrs. Prettyman, seconded by Mr. Taylor and unanimously carried, Council voted to move the adoption of the 2004-2005 Expense Budget to June 1, 2004.

DEPARTMENT OF FINANCE

Financial Report: While reporting no changes to the Contingency Fund since the last meeting,

Patricia Petersen, Director, informed Council that due to an emergency family situation the employee who prepares the financial report was not available to do so. Therefore, Council will receive the report at its next meeting. Council agreed to accept the delayed report.

Grass Cutting: Mrs. Petersen submitted three invoices for grass-cutting services. Provisions of the Nuisance Code allows for liens on properties to reimburse costs. She requested payment to

J & J Lawn Care in the amount of $200 for grass-cutting on Mallard Drive; J & J Lawn Care in the amount of $150 for grass-cutting on Glendale Drive and Jobs Unlimited, in the amount of $120 for grass-cutting on East Road. On motion made by Mrs. Prettyman, seconded by Mr. Dodd and unanimously carried, Council approved payments as requested.

Employee Request for Tax Consideration: A Wicomico County employee who lives in the State of Virginia, has requested to have Maryland and Virginia tax deductions. While this is a lone request, Mrs. Petersen advised the State of Virginia has reciprocity in Maryland, as opposed to the State of Delaware, which does not. The County’s payroll service provider has indicated they are able to accommodate the request for a one-time set up charge of $25 and a $7 per pay period charge, for a total of $182 for the calendar year. Mrs. Petersen asked if Council wished to accommodate the employee and if so, who pays the yearly costs. On a roll call vote, Mrs. Bartkovich, yes; Mr. Long, no; Mr. Dodd, abstained; Mr. Taylor, yes, Mrs. Prettyman, yes, Mr. Dashiell, no and President Sarbanes, no, the Council voted not to absorb costs. The vote was tied

3 to 3 therefore it fails. Mrs. Petersen asked if she could offer to accommodate the employee if the employee absorbed all costs. Council unanimously agreed.

Highlights of Significant Financial Transactions: John Ellis, Chief Financial Accountant, reviewed the referenced report citing year-to-date figures for collected and uncollected taxes, investment interest, recordation tax revenue and enterprise account revenues. Year-to-date revenues represent approximately 81.1% of the current budget and expenditures reflected at 82.6% of the current budget.

DEPARTMENT OF PUBIC WORKS

Speed Limit Reduction: P. Rai Sharma, Director, was petitioned by homeowners to reduce the speed limit on Broad Street, Parsonsburg, Maryland. Mr. Sharma considered the matter a safety issue and recommends reducing the speed to 25 mph and posting a “No Trucks Over Two Axle” sign. On motion made by Mr. Dashiell, seconded by Mrs. Bartkovich and unanimously carried, Council accepted the recommendation.

Pine Bluff Road: Medical professionals at Pine Bluff Road have complained that vehicles are parked too close to business entrances making it difficult to exit the parking lots, parking adjacent to other cars in the parking lot creating a potential for collision and, parking too close to fire hydrants and stop signs. The area’s parking public is generally impeding a smooth and safe flow of traffic and displaying a lack of respect and concern for parking restrictions. Using a color-coded diagram, Mr. Sharma recommended posting “No Parking Signs” where applicable and painting yellow curbing. Mr. Dodd commented that Salisbury University continues to have problems with parking, that it is not being properly addressed and feels the university should be absorbing some of the problem. On motion made by Mr. Dashiell, seconded by Mr. Dodd, and unanimously carried, Council accepted the recommendations.

Methane Gas Plant: Mr. Sharma reported that he and Council member Edward Taylor toured the Genco Plant in Richmond Virginia where a new system was developed using methane gases to generate electricity. They were impressed with the system, its cleanliness and low noise level. Mr. Sharma told Council he is sharing this information in the event its feasible for Wicomico County to partner with them. Wicomico County would lease the land (Newland Park Landfill), which would generate revenue for the County. The operation would be at not cost to the Wicomico County. This is for information purposes and required no action.

West Side Collector: A lone bid in the amount of $223,000 was received from McCrone, Inc. for design services of the West Side Collector Road.

Council is aware that $150,000 is earmarked in the 2003-2004 Capital Improvements Budget for the project. Mr. Sharma told Council he negotiated costs with McCrone and was able to reduce the scope to a revised price of $176,300. He requests the additional funding from the Capital Contingency. Mr. Shea advised the request is within Charter limits, which allows adding up to 25% over the project. On motion made by Mrs. Prettyman, seconded by Mr. Taylor and unanimously carried, Council approved the request.

Purnell Crossing Road: Mr. Sharma reported that considerable rains caused road damage Purnell Crossing Road, requiring temporary (overnight) closing. Working throughout the night to restore the road to use, crews expect to have the road reopened today.

In the absence of County Attorney Edgar A. Baker, Jr. who is on vacation, Administrative Director, Theodore E. Shea, conducted the following Public Hearing.

NOTICE IS HEREBY GIVEN, in compliance with Section 22-2 (G) of the Wicomico County Code, that the County Council of Wicomico County, Maryland proposes to accept a donation from Chesapeake Airways Service Corporation of the following described parcels of land:

All those lots, tracts or parcels of land lying and being in the Nutters Election District of Wicomico County, Maryland, located on the easterly side of Airport Road, and being more particularly described in a deed dated April 7, l951 from Eastern Shore Airlines, Inc. to Chesapeake Airways Service Corporation and recorded among the Land Records of Wicomico County, Maryland in Liber J. W. T. S. No. 325, Folio 164, et seq. and a deed dated July 27, 1971 from Wicomico County, Maryland to Chesapeake Airways Service Corporation and recorded among the aforesaid land records in Liber J. W. T. S. No. 740, Folio 110, et. seq. The property is also known and designated as Chesapeake Airways Parcel 30 on a plat entitled Parcel #30 prepared by Delta Airport Consultants, Inc. dated March 2004. The above-described property is being donated for the purpose of maintaining the required runway protection and safety zones as required by the Federal Aviation Administration. The County will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 through a negotiated self-move settlement.

Public Comments: Mr. Kenneth Holland commented that the facility has been in place since the airport was built and seemed to be a viable business. He was curious to know whether the owner was retiring the business or if the facility was being relocated from view. It was explained to Mr. Holland that the acquisition is at the requirement of the Federal Aviation Administration and considered a safety measure. Also, that not only is this airport mandated to make the purchase, but similar requests are being made of airport throughout the country.

Council Comments: Mrs. Prettyman was interested to learn how much land is involved, the assessed value and what the removal of the property from the tax rolls means to the tax base. In partial response to these inquires, Mr. Shea stated under the FAA requirements of what can and cannot be put on the property, the property has no real property value because its not buildable. Mrs. Bartkovich questioned whether the property owner was relocating outside of Wicomico County. The response was uncertain.

Airport Commission: Robert Bryant, Airport Manager and Edward Kremer, Chairman, came before Council. Mr. Bryant distributed copies of a letter regarding the donation and relocation agreement developed for Wicomico County on this long-standing issue. An aerial photograph of the property was used to better explain its location and to show building restriction lines and clearance requirements.

Mr. Dashiell, who serves as the Council’s representative to the Airport Commission, stated there is a long-standing history with this property and the Airport Commission and, inasmuch as this will improve the future of air service to the community, he recommends approval. The motion was seconded by Mr. Taylor and unanimously carried.

Charsam Public Hearing: Mr. Shea requested the postponement of the Charsam, Inc. public hearing to obtain further clarification. The Airport Commission needs to address certain issue as it pertains to contract negotiations. Council concurred.

Maryland Agricultural Land Preservation: In accordance with procedures established by the Maryland Agricultural Land Preservation Foundation, the County Council is required to hold a public hearing on applications by landowners wishing to establish an Agricultural Preservation District on their property. Application on the part landowners is entirely voluntary. Following the public hearing, the Council’s recommendation is forwarded to the Foundation for its consideration. Gloria Smith, Department of Planning, Zoning and Community Development, advised that an application to establish a district known as the Gregory, Beverly and Doug Williams District, located on the southerly side of Porter Mill Road, west of Hebron, adjoining the Williams Easement property, has been submitted. The property consists of approximately 21 acres. The Planning Commission reviewed the proposal and determined that the proposed district is compatible with existing and approved County plans, Programs and overall County policy and submits a favorable recommendation. On motion made by Mr. Taylor, seconded by Mr. Dashiell, and duly carried, (Mrs. Prettyman was not present for the vote and returned during discussion of the next agenda item) Council voted to establish the district.

RECREATION, PARKS & TOURISM

Transfer of Funds: Gary W. Mackes, Director, requested a transfer of funds within his department to balance the current budget of the Wicomico Youth and Civic Center. Explaining that while revenues will exceed budget projections by $115,000, Operating and Capital expenses exceeded projections by $45,000, resulting in a $70,000 reduction in the Civic Center’s required tax appropriation to balance its budget; mostly due to unbudgeted items, leasing telephone equipment, spotlight replacement, emergency repairs and carpet replacement. On motion made by Mr. Taylor, seconded by Mr. Long, and unanimously carried, Council approved the request.

Federal Vehicle Auction: Mr. Mackes requested permission to participate in the federal vehicle auction May 19^th . He also requested approval to spend proceeds from State Program Open Space (reimbursed to the department for providing in-kind labor on several park improvement projects) in the amount of $27,000 to purchase two pickup trucks and $7,000 to replace a grass mower. On motion made by Mrs. Prettyman, seconded by Mr. Taylor and unanimously carried, Council approved the requests to participate in the federal vehicle auction and to expend Program Open Space funds as submitted.

Pittsville Ball Field: The Board of Public Works has approved Program Open Space funds for the Light Replacement project, in the amount of $9,000.

DEPARTMENT OF CORRECTIONS

Pharmaceutical Bid Award: Douglas Devenyns, Director, requested permission to grant award of the bid for Lot 2 of the RFP for inmate medical services, which includes pharmaceutical and medical supplies, to Correct R X Pharmacy Service, Linthicum, Maryland. The bid was not only substantially lower and considered most responsive to the RFP, but has a potential first year’s savings of $156,000. Council previously discussed the RFP during a work session (Mrs. Prettyman was not in attendance during the work session). Mr. Long motioned to approve. Mrs. Bartkovich seconded the motion. Mrs. Prettyman asked if the current provider, Riverside Drugs, a local pharmacy, was contacted to learn of the bid process or if they had submitted a bid. Mr. Devenyns responded, to his knowledge the company was not personally made aware of the bid although it was appropriately advertised in the Daily Times newspaper. Mrs. Prettyman stated she did not favor removing the service from local a provider to a company outside the County and therefore could not support the motion. The motion was duly carried, with Mrs. Prettyman voting no.

PUBLIC COMMENT

Salisbury City Council member Lavonzella Siggers expressed appreciation for Council’s decision on funding volunteer fire service in Salisbury. She also expressed her disappointment that the Council would remove a contract from a local provider and award it to a company outside of Wicomico County.

With no further business to come before Council the meeting was adjourned. Mr. Dodd 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. Dashiell and unanimously carried.

_______________________________________

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