Wicomico County, MD
Council Minutes
May 20, 2003

 

The County Council of Wicomico County, Maryland, met in Executive Session on Tuesday, May 20, 2003, at 10:00 a.m., Council Chambers, Government Office Building, Salisbury, Maryland. Present were Anthony Sarbanes, President; Charles R. Dashiell, Jr., Vice President; Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich, Marvin R. Long and Larry W. Dodd.

 

President Sarbanes brought the meeting to order and announced the following Proclamations:

 

Mrs. Bartkovich presented a Proclamation to Jeanne Daughterty, R.N., Cardiovascular Health Program, Wicomico County Health Department, declaring the month of May, Stroke Awareness Month, which encourages all citizens to become better educated about stroke prevention and the warning signs of stroke.

 

Mr. Dodd presented a Proclamation to Wallace Bennett, Volunteer Firefighter and Phil Donohoe, Paramedic, recognizing the week of May 18-24, 2003 as, Emergency Medical Service Week, which encourages the community to observe this week with appropriate programs, ceremonies, and activities.

 

ADMINISTRATIVE DIRECTOR

Mr. Theodore E. Shea, II, called attention to an invitation from the Judges of the United States District Court inviting Council to the June 3, 2003 opening ceremony of the new courtroom in the M. R. Toulson Federal Building. In addition, a portrait of the late United States Magistrate Judge James P. Bailey will be unveiled.

 

A formal dedication of the Wicomico War Veterans Memorial is scheduled to take place on Memorial Day, May 26, 2003, at the Wicomico Youth and Civic Center.  The Memorial is made possible through the generous donations of individuals, civic organizations, business and corporate sponsors throughout Wicomico County, Maryland.

 

The Social Services Advisory Board has informed Council of its need to replace membership held by Doretha P. Jones. The Board recommends Margaret McCatty who has expressed her willingness to serve. In addition, the Board reports the terms of Oak Hardin and Mary Ashanti will soon expire and requests their reappointments, both have agreed to serve another three-year term.  On motion made by Mr. Taylor, seconded by Mr. Dashiell, and unanimously carried, Council reappointed Oak Hardin and Mary Ashanti and, on motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, Council appointed Ms. McCatty. While the Board submitted another nominee, their willingness to serve was not confirmed. The nomination will be recalled.

 

A request to transfer the manufacturing tax exemption granted to VPI Mirrex, LLC to VPI Film, LLC, due to its name change was submitted. On motion made by Mr. Taylor, seconded by Mr. Dashiell, and unanimously carried, Council granted the transfer. Council was provided a list of companies in Wicomico County currently receiving manufacturing tax exemptions and a copy of the study conducted by Pigg, Krahl, Stern & Co., P.A., at Council’s request.  Mrs. Prettyman wished Council to receive a copy of the original study of manufacturing tax exemptions conducted in l991-l992.

 

For information, Mr. Shea recalled that the City of Fruitland forwarded an annexation request for Creekside East and, that its property owners have requested a change in the intended zoning. The change necessitates an amended annexation request to Wicomico County. No action is requested.

 

FINANCE

 

Mrs. Patricia Petersen submitted the Statement of Latest Investment Rates/Balances for All County Funds as of May 20, 2003 which reflects a total General Fund balance of $456,107; Capital Project Fund balance of $20,016,043. Total Major Non-Designated County Funds, $36,209,536.  Total Designated Reserves and “Rainy Day” Reserve Funds, $4,755,514. The report for Room Tax Collection for the month of March was submitted with four delinquencies; of which one is in litigation.  

 

On behalf of the Sheriff’s Department, Mrs. Petersen submitted a request for the transfer of funds from Unanticipated Revenue to the Salary Account. These funds represent reimbursement for staff overtime.

 

MD Sheriff's Institute                     $    504.75

Airport - Oct 2002                          17,050.00

Airport -Nov 2002                          16,500.00

Airport- Dec 2002                            8,980.72

Airport - Jan 2003                             9,272.83

Life Crisis Center                                 817.61

Wicomico Bd. of Ed                              55.64

Wicomico Bd. of Ed                            768.62

Wicomico Bd. of Ed                         1,257.11

Hotspots-Salary                                 2,187.00

Tobacco Enforcement                       1,167.01

Total                                               $58,561.29

On motion made by Mr. Dodd, seconded by Mr. Dashiell, and unanimously carried, Council approved the request. 

 

John Ellis, Chief Accountant, shared a report of significant year-to-date transactions for the General Fund with supporting graphs.

 

PUBLIC WORKS

 

P. Rai Sharma, Director, reported the following streets in Chapel Branch Subdivision, Section Two, are ready to be accepted in the County’s Roads system for maintenance: Chapel Branch Drive (extension) and Carlyle Court. On motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, Council approved.

 

The developer of Adventure Farms, Section Two request to post a construction bond to allow recordation of the plat, the sale of lots and to obtain building permits. The request is estimated at $9,l04 however Mr. Sharma suggests that once County fees are added, the bond will be closer to $10,000 and recommends same. On motion made by Mrs. Prettyman, seconded by Mr. Taylor, and unanimously carried, Council approved. 

 

Mr. Sharma reported the request for a construction bond for the Charles Gross, Waycroft Subdivision, Section Three, in the amount of $10,000 to allow recordation of the subdivision plat.  He recommends approval. On motion made by Mr. Long, seconded by Mr. Dashiell, and unanimously carried, Council accepted the recommendation.

 

Melson Road Update:  Mr. Sharma met with property owners who tentatively agreed to sell an easement to the County for approximately $1400 however during continued negotiations the owner decided the amount was insufficient and requested $6,000 per acre. Using assessment values of other properties in that area, he returned with a $4,000 offer, which she countered at $5,000 per acre.  Mr. Sharma advises the easement is approximately ¾ acre, estimated at $3,750.  The property owner has agreed and he recommends approval of the sale. On motion made by Mr. Long, seconded by Mr. Dodd, and unanimously carried, Council accepted the recommendation.

 

Upper Ferry Wing Walls Re-design and Bid Status: Mr. Sharma explained during operation of the Upper Ferry, the cable stretches across the river versus the Whitehaven Ferry where the cable drops to the bottom of the river.  The dropped cable provides for a more consistent and safer boating traffic. Mr. Ed Heatwole, engineer, investigated the redesign of the Upper Ferry.  He explained the objective is to replace the existing deteriorating bulkheads to increase safety; allow ferry use with a dropper cable, provide timber dolphins while minimizing costs and ferry closings.  Mr. Sharma reported the permitting process to the Army Corp of Engineers had been initiated and bids let for bulkhead replacement.  He presented a bid tabulation and recommendation of award to  George & Lynch Marine in the amount of $294,201.60 for Council approval, together with the request that Council determine the time of year to accomplish, the ferry would be closed for a period of time. During its discussion and in an effort to avoid the inconveniences to local produce operation, Mrs. Prettyman recommended the month of September, with appropriate notification.  On motion made by Mr. Taylor, seconded by Mr. Long, and unanimously carried, Council awarded the bid to George & Lynch Marine, to begin in September after Labor Day.

 

Proposed Parking Loblolly Lane:  Mr. Sharma reported complaints of motorist visiting the university and parking without permits between the areas of Camden and Frederick Avenues creating difficulty for residential traffic. He proposes to post “no parking anytime” signage from Camden Avenue and forward to the first residence, and resume permit parking from that residence to Frederick Avenue, for which residents favor.  Approval was granted on motion made by Mr. Long, seconded by Mr. Dodd and duly carried. Mrs. Prettyman was absent for discussion and the vote.

 

Mr. Sharma requested Council authorize the transfer of funds to his department from auction proceeds.  The sale of equipment belonging to the Public Works department totals $10,191.  In addition, he requests insurance proceeds as reimbursement for a totaled pickup truck, $1,375. On motion made by Mr. Dodd, seconded by Mr. Long, and duly carried, the requests were granted. Mrs. Prettyman was absent for discussion and the vote.

 

At this point Mrs. Prettyman returned to the meeting.

 

Morris Road Reconstruction Status:  Bunting and Murray, a permitted borrow pit operation is located on Morris Road and a property which houses a farm barn, owned by Mr. Morris. Mr. Sharma recalled that during the last few years the road has deteriorated due to heavy truck traffic.  He requested these permits to operate be delayed until he met with the owners to discuss sharing costs for road improvements, estimated at $300,000.  Mr. Murray tentatively agreed with the provision that he would be allowed to continue operation of the borrow pit for at least ten years. Mr. Sharma has discussed with the Department of Recreation and Parks, County Attorney and Zoning Administrator who all agree the request can be submitted to the Board of Zoning Appeals at its June 26th meeting. Mr. Sharma does not oppose the provision. On questions of providing the County’s share, President Sarbanes recommends to withdraw funds from current Roads Accounts, to be reimbursed, then re-prioritize projects. Mr. Sharma concurs and will return to Council with his recommendation for re-prioritizing projects.

 

On motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, Council adjourned its Executive Session and reconvened as the Urban Services Commission.

 

Urban Services Commission:   Mr. Sharma submitted at request from William Jackson, 1316 Woodland Road, served by the Riverside Urban Services Sanitary Sewer District.  According to Mr. Jackson a frozen water pipe burst during the winter using an estimated 66,000 gallons of water compared to his average quarter usage of 9,000.  Mr. Sharma recommends a bill adjustment in the amount of $253.08. On motion made by Mrs. Prettyman, seconded by Mr. Taylor, and unanimously carried, the Commission approved reimbursement to Mr. Jackson in the amount of $253.08.

 

On motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, the Commission adjourned and reconvened in Executive Session of the County Council.

 

Office of the Sheriff

 

Sheriff R. Hunter Nelms and Captain Robert VanMeter came before Council to request the adoption by Resolution of the Bylaws for the DRILL Academy Board of Advisors.  The Bylaws as submitted were reviewed by the County Attorney and approved by the Board of Advisors. On motion made by Mr. Dashiell, seconded by Mrs. Bartkovich, and unanimously carried, Council adopted the Bylaws.  Captain VanMeter reminded Council of the at-large vacancy for Wicomico County, to be filled by recommendation from the Board of Advisors to the County Council.

 

County Attorney

 

Mr. Edgar A. Baker, Jr. submitted Resolution No. 563 Extension of Date for Adoption of Expense Budget.  The Charter requires the budget be adopted and taxes levied on or before May 31st.  While Council is in the process of reviewing the budget, it is his understanding there are crucial revenue figures from the State of Maryland, which may not be available by May 31st. The law provides an extension of the date to June 30; the State Department of Assessment and Taxation needs at least five working days to submit  documents to the Finance Department for the generation of tax bills.  Mrs. Petersen stated she has discussed the impact of extending the date with her staff whose primary concern is meeting the deadline for supplemental billing.  She also noted an impact to the County’s cash flow could be realized. Though she understands the constraints placed on the County, she does not favor the Resolution.  Mr. Shea reminded Council the budget would not have to be adopted June 17th, the Resolution would provide that timeframe.  Mrs. Prettyman also reminded Council that a special meeting could be called to adopt the budget, if necessary. On motion made by Mr. Dodd, seconded by Mrs. Prettyman, and unanimously carried, Council adopted Resolution No.  563 - Extension of Date for Adoption of Expense Budget, which states that the County Council of Wicomico County, Maryland, in Executive Session, pursuant to the authority granted to the County under Section 704 of the Charter, and due to the lack of necessary information concerning projected revenues from the state, changes the date for the adoption of the expense budget and the levy of taxes provided in Section 703 of the Charter from May 31, 2003 to June 17, 2003.

 

Mr. Baker submitted Resolution No. 562 to increase license/rabies fees in Wicomico County, Maryland.  Pursuant to the authority of Section 22-2 of Chapter 22 of the County Code, the County Council has the authority to raise the cost of the rabies tags provided by the Animal Control authority from $1 to $3.  On motion made by Mr. Long, seconded by Mrs. Bartkovich, and unanimously carried, Council adopted Resolution No. 562, effective July 1,2003.

 

Mr. Baker announced the County’s Tax Sale is June 18, 2003 and that in agreement with the Daily Times newspaper, a cut-off date for unpaid taxes to be printed in the paper has been established. 

 

Mr. Baker recalled the Public Hearing and approved the sale of the Sharptown School to Zeller Funeral Home at $55,000.  Mr. Zeller has indicated major difficulties in renovating his existing business and acquiring a new location. He requests allowance to make a $31,000 down payment and the balance of $24,000 over a period of one year, with interest. Mr. Baker feels this will satisfy the business requirement for Mr. Zeller and sell the property. On motion made by Mr. Dodd, seconded by Mrs. Prettyman, and unanimously carried, Council approved.

 

In processing the County’s insurance program, Fred Harris, Purchasing Agent recognized the requirement, by Charter, to bond the County’s Director of Finance. In prior years the insurance carrier provided fiduciary coverage at no costs however, the County is informed it must provide the bond if it is indicated in the Charter. The bond amount is not established in the law and is basically a carryover from the historical elected County Treasurer. Mr. Baker noted the Sheriff is bonded at $10,000 and he recommends the same amount for the Director of Finance. On motion made by Mr. Long, seconded by Mr. Dashiell, and unanimously carried, Council accepted the recommendation.

 

The Community Development Administration has pooled the remaining fiscal year 2003 Rental Allowance Program (RAP) funds for reallocation to jurisdictions that have committed at least 25 percent of the initial fiscal year 2003 funding allocation, demonstrated additional need and have the ability to utilize additional funding most efficiently.  Wicomico County meets the criteria and is invited to apply for additional fiscal year 2003 RAP funding in the amount of $17,317, increasing the total grant to $41,812.  On motion made by Mr. Long, seconded by Mr. Dashiell, and unanimously carried, Council authorized application.

 

In conjunction with the aforementioned, Mr. Shea advised its time to review the County’s participation for Community Development Block Grants. A Public Hearing is scheduled for June 3, 2003.  In addition, the Department of Planning, Zoning and Community Development, will be applying for rehabilitation funds.

 

Planning, Zoning, Community Development

 

Mr. Jack Lenox, Director, recalled that the City of Salisbury advertised five annexation proposals for consideration. Each of these incorporates a Zoning designation that differs from the County adopted Comprehensive Plan for the Metro Core area. Although County Council approval of the annexation is not required, State Law does require consent to the zoning designation. If consent is not given, the current zoning would remain in effect for at least five years.  Mr. Lenox informed Council that subsequent to the April 21st meeting wherein Council members received the requests, staff has modified recommendation for the Causey-Three Creeks annexation from R-8A to R-10 and added a restriction on the total number of single-family dwelling to 360.  Mr. Causey and his attorney John Long, II, came before Council in support of the annexation. Attorney Long reiterated the plan is conceptual, consists of approximately 160 acres, will be city sewer and water accommodated, is in close proximity to Routes 13 and 50 and close to amenities and core public services used to encourage development. Mr. Sharma remarked that his department has requested a traffic study to evaluate infrastructure and matters pertinent to drainage.  Following discussion Council took the following actions:

 

 Causey – Three Creeks Annexation

On motion made by Mr. Dashiell, seconded by Mr. Taylor, and unanimously carried, Council approved R-10 Residential zoning upon annexation of the Causey property to the City of Salisbury.  The following Conditions of Approval, including those recommended by the Wicomico County Planning Commission, are also recommended:

 

CONDITIONS:

1.         A Comprehensive Development Plan shall be submitted for review and approval by the Salisbury Planning Commission.

2.         Environmental Assessment for design of a stormwater management system that will protect the Paleochannel shall be completed and submitted with the Comprehensive Development Plan.

3.         Development of the site shall be limited to 360 single-family units.

 

Causey – Johnson’s Retreat

On motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, Council approved R-10 Residential zoning upon annexation of the Causey – Johnson Road property to the City of Salisbury.  The following Condition of Approval, as recommended by the Wicomico County Planning Commission, are also recommended:

 

CONDITION:

1.         A Comprehensive Development Plan shall be submitted for Salisbury Planning Commission review and approval.

 

Farlow – Old Ocean City Road Annexation:

On a motion made by Mr. Taylor, seconded by Mr. Long, and unanimously carried, Council approved R-10A Residential zoning upon annexation of the Farlow property to the City of Salisbury.  The following Conditions of Approval, as recommended by the Wicomico County Planning Commission, are also recommended:

 

CONDITIONS:

1.         Comprehensive Development Plan shall be submitted for Salisbury Planning Commission review and approval.

2.         A Traffic Study shall be prepared and submitted for review by the Wicomico County and Salisbury Public Works Departments.

 

Interfaith Housing – Naylor Mill Road:

On motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, Council approved R-10A Residential zoning upon annexation of the Interfaith Housing property to the City of Salisbury.  The following Conditions of Approval, as recommended by the Wicomico County Planning Commission, are also recommended:

 

CONDITIONS:

1.         A Comprehensive Development Plan shall be submitted for review and approval by the Salisbury Planning Commission.

2.         An Environmental Assessment for design of a stormwater management system that will protect the Paleochannel shall be completed and submitted with the Comprehensive Development Plan.

 

Cedar Crossing

On motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, the Wicomico County Council approved R-8A Residential zoning upon annexation of the Williams/Cedar Crossing Addition property to the City of Salisbury.  The following Condition of Approval, as recommended by the Wicomico County Planning Commission, are also recommended:

 

CONDITION:

1.         A Comprehensive Development Plan shall be submitted for review and approval by the Salisbury Planning Commission.

 

Recreation, Parks and Tourism

 

            Mr. Gary W. Mackes, Director, introduced Jim Terrill, Delmarva Shorebirds General Manager, who requested to hold three country music concerts at the Arthur W. Perdue Stadium. In accordance to Agreement, the franchise is permitted to hold a number of special events each year, with permission of the Council. The requested dates do not conflict with scheduling at the Civic Center and are recommended by the Recreation Commission.  On motion made by Mrs. Prettyman, seconded by Mr. Dodd, and unanimously carried, Council approved the events and dates as submitted: July 4, Darryl Worley; August 9, Martina McBride; and September 13, Travis Tritt.

 

LOWER SHORE WORKFORCE ALLIANCE

 

            Mr. Robert G. Corbin, Jr., introduced himself as the new Executive Director of the organization, which assists Worcester, Wicomico and Somerset counties with job training services. The organization has new leadership, a new name (formerly Lower Shore Private Industry Council, Inc. (PIC), and a new location. Mr. Corbin gave Council an overview of services, a review of the program year 2003-2004 Workforce Investment Act funding reduction ($700,000) and an update with demographics of Tyson Foods Plant closing.  Following the overview, Mr. Corbin requested Council concurrence to the Lower Shore Workforce Alliance Board’s recommendations for program funding allocations and the administrative budget awards for adult, youth and dislocated worker programs.  On motion made by Mrs. Bartkovich, seconded by Mr. Dodd, and unanimously carried, Council gave its concurrence.

 

PUBLIC COMMENTS

 

            Mr. Greg Hoppes, parent, asked Council to reconsider the expense of utilizing the Civic Center for local high school proms to make it more affordable for schools, that Wicomico County high school student proms are being relocated outside the County. He shared a recent experience of a Wicomico County High School prom held at the University of Maryland Eastern Shore and, while he expressed sincere appreciation for every accommodation shown the students and the generous, professional manner in which activity was conducted, including shuttle buses and security, he wished Council to reconsider keeping the proms within the County. President Sarbanes responded Council would re-evaluate.

 

 

COUNCIL COMMENTS

 

            Mr. Sarbanes reminded Council of its May 21st budget session.  He also stated he wished to have Council present a Proclamation for the Billy Gene Jackson, Sr. Park dedication, June 7th.  The day will be declared Billy Gene Jackson, Sr. Day in Wicomico County, Maryland.

 

            In an effort to work through budget constraints, Mr. Dodd queried the status of the County’s hiring freeze.  He called attention to the search of the Department of Recreation and Parks for a mechanic, and whether the position is essential at this time.  Mr. Shea advised the department had two mechanics, one resigned and the second is awaiting military instruction to the Middle East. Mr. Dodd asked if the work could be subcontracted to the Road Division, to which Mr. Shea responded could be investigated.

 

            There being no further business to come before 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