Council Minutes
The
County Council of Wicomico County, Maryland, met in Executive Session on
President
Anthony Sarbanes called the meeting to order and announced the presentation of
several Proclamations and Certificates, as follows:
Sheriff R. Hunter Nelms presented a plaque recognizing Ms. Paula Martin, recently retired, for thirty years of service in the Sheriff’s Office for Wicomico County. Captain Gary Baker also recognized Sheriff’s Office K-9 dogs Nero and Donnie, recently retired from service.
Michelle
Hearne, Health Department, accepted a Proclamation recognizing the week of June
7-12, 2004 as Lead Poisoning Prevention Week.
Students
from Parkside High School received recognition for placing first at the Maryland
State SKILLS USA competition. Each
student will represent Maryland at the National SKILLS USA competition:
Mr.
Dashiell presented a certificate to William Robert Wallace, first place in
Carpentry. Mrs. Prettyman presented a
certificate to Rachel Wagner, first place in Health Occupations. Mr. Taylor
presented a certificate to Amy Jarrett, first place in Manufacturing. Mr. Dodd presented a certificate to Katie
O”Hara, first place in Early Childhood Education. Mr. Long read a certificate for David Wallace,
not in attendance, for first place in Electronics. Mrs. Bartkovich read a certificate for Carl
Flint, not in attendance, for first place in Electronics.
In
conclusion, Mr. Sarbanes presented a Certificate recognizing Andy Buchanan,
David Miles, Roger Welch, Mary Buchanan, Steve Jenkins, Barbara Johnson and
Linda Valenzano, Office of Career and Technology Education. Mr. Buchanan
accepted the certificate on behalf of the staff.
On
motion of Mr. Dashiell, seconded by Mr. Long, Council unanimously approved the
Minutes of May 18, 2004 as submitted.
Adoption
of FY 2004-2005 Operating Budget: Mr.
Sarbanes submitted the annual budget message, as follows:
2004-2005 BUDGET MESSAGE
Statement
by Anthony Sarbanes, County Council President
Tuesday,
June 1, 2004
“Ladies and gentlemen, thank
you for joining us this morning. We are all keenly aware of the ongoing need to
provide the citizens of Wicomico County with an adequate level of core
services. Over the past several weeks, the County Council has been working to
shape a balanced budget that will deliver those services. This is this Council’s second budget, and
today we present it.
We have been faced with fiscal challenges in the
past, and no doubt we will have to face them in the future. However, this year,
additional one-time revenue from the State, along with some increases in County
revenues, has helped the Council make the choices we must make to fulfill our
primary core responsibilities for education, public safety, and public health.
Let me share some numbers with you.
Our total estimated
revenues for fiscal year 2005 are $102,542,325, or about 3 percent more than
our budgeted 2004 revenues. The County was able to fund maintenance of effort
for the Board of Education and Wor-Wic Community College, support full parity
for Sheriff’s deputies, provide an increase to the Fire and Ambulance Services,
bring the “rainy day” reserve up close to its targeted level, and provide a
salary increase for County employees.
First, it is important to remember one basic fact:
It is our job as a County Council to make certain that the opportunity for a
good education is available to all our children. By far, education is the
county’s largest single investment.
The Board of Education manages a total budget of
$124.7 million. Roughly $8.3 million in additional state aid was dependent on
the County providing $445,643 in maintenance of effort funds. The Council met
that obligation.
Similarly, Wor-Wic Community College’s maintenance
of effort needs were also funded in this budget, to maintain tuition rates that
will be the lowest or next to the lowest among all Maryland community colleges.
This budget provides for the third year of pay parity for Wicomico
County deputies. Parity raises have proven to be effective in helping retain
trained, experienced, seasoned sworn officers. The last-minute addition of a
COPS grant helped fund the parity costs for the deputies.
As part of our overall
commitment to public safety, we have increased our allocation to volunteer fire
and ambulance companies to help support the services they provide citizens.
We were also able to
upgrade County vehicles and equipment in several departments.
The County Council funded
this budget without raising any county-levied taxes.
Let me say
that again: The County Council funded this budget without raising any
county-levied taxes. However, our citizenry needs to be sensitive to the fact
that only through increases in some State and local funding were we able to
accomplish this. We are still facing challenges in meeting needs that have been
deferred to future budgets.
This budget also provides for a health and safety
inspector to enforce our zoning ordinances, and a grants-writer to help obtain
more State and Federal grants.
Ladies and gentlemen, this is our budget proposal
for Fiscal Year 2005. Thank you.”
The
chair will now entertain a motion to set the Wicomico County tax levy for the
fiscal year beginning July 1, 2004, and in so doing adopt the budget. Vice President Dashiell then read the motion:
“Ordered by the County Council of
Wicomico County, State of Maryland, on this 1st day of June 2004, that the
Operating Budget accounts be allowed and included in the levy for the County’s
fiscal year beginning July 1, 2004. It is further ordered that a tax be and is
hereby levied on each One Hundred Dollars worth of all assessable real property
in Wicomico County, subject to assessment for County purposes, of One Dollar
and two and one half cents ($1.025), and on each One Hundred Dollars worth of
all assessable personal property in Wicomico County, subject to assessment for
County purposes of Two Dollars and fifty-six and three tenths cents
($2.563), covering the fiscal period
from July 1, 2004 to June 30, 2005, inclusive, to fund a portion of the Board of
Education Budget.
Concerning the semi-annual tax
payment option, in accordance with State law, a service charge of .281%, which includes lost earnings and an
administrative charge of 10% of the lost interest amount, is hereby Levied on
the second semi-annual payments. The
period covered for the lost interest earnings is from October 1 through
December 31.
It is further ordered that a tax be
and is hereby Levied on each One Hundred Dollars worth of public utility
property subject to taxation for State purposes of Thirty-three ($.33) cents to
pay State taxes for the fiscal year beginning July 1, 2004 and Thirteen and
two-tenths cents ($.132) for all other property subject to taxation for State
purposes. It is further ordered that a
County local income tax withholding rate, as expressed as a percent of the
taxpayer’s taxable income, will be 3.10% for the fiscal year beginning July 1,
2004, to further fund herein authorized accounts, along with other revenues as
may be duly received.”
Mr.
Long provided a second to the motion.
President Sarbanes called for any discussion, at which time Mrs.
Prettyman thanked County staff and fellow colleagues for the cooperative
efforts during the budget process. Mrs.
Prettyman remarked that she reviewed the County’s core responsibilities and
motioned that Council authorize a $190,000 appropriation from the Reserve
(Rainy Day) Fund to help fund the remaining nine EMS positions; this would
provide an additional $21,000. The motion
did not receive a second.
Mr.
Sarbanes then called for any comments prior to a vote on adoption of the
budget. Comments were received from Mr. Henry Parker, each Council member and
Rai Sharma, Director of Public Works.
Mr. Sarbanes requested a roll call vote on the motion to set County tax
levies and subsequently adopt the FY 2004-2005 budget: Mrs. Bartkovich, yes;
Mr. Long, yes; Mr. Dodd, yes; Mrs. Prettyman, yes; Mr. Dashiell, yes; Mr.
Taylor, yes; and Mr. Sarbanes, yes. The
motion was unanimously approved. Mr.
Sarbanes thanked Mr. Shea for his efforts during the budget process.
ADMINISTRATIVE
DIRECTOR
Theodore
E. Shea, II, Administrative Director, submitted the following items for
Council’s consideration and action.
FY
2005-09 Capital Improvements Program:
The Board of Education is requesting to amend its Capital Improvements
Program budget to address the funding needs for the North Salisbury Elementary
School project. Mr. Charles Bounds and
Mr. Brian Foret reported that bids exceeded estimated cost by $3 million. While the project may be scaled down and
additional State monies will be sought, the Board is asking approval to
reallocate money dedicated for future projects only. If this proves to be again insufficient, the
Board would come to Council next year for the additional funds.
Mr.
Bounds added that this might require delay of certain projects, some of which
do not yet have State planning approval.
Council members asked questions as to the impact on various school
projects and expressed general concern that school capital projects continue to
be delayed because of inadequate revenue.
Following discussion, Mr. Shea reiterated that the Capital Improvements
Program currently totals $8.4 million; discounting $350,000 in Airport
Improvement projects brings the total to approximately $8 million; this would
allow keeping in place $150,000 for the Beaver Run project and preserving State
money committed to the project. Then,
Council could reallocate money from the Bennett and Parkside projects to the
North Salisbury project. This would
maintain Council’s intent to keep the Capital Improvements Program within the
$8.2 million range (borrowing no more money than can be retired). Mr. Dashiell motioned to approve Mr. Shea’s
recommendation to amend the FY 2005-09 Capital Improvements Program/Budget by
authorizing the reallocation of $1,225,000 to the North Salisbury project,
reducing the Bennett project by $750,000 and the Parkside project by $325,000
and increasing the CIP budget by $150,000.
The motion was seconded by Mr. Taylor and received unanimous
approval. Upon an inquiry by Mrs.
Prettyman, Mr. Shea advised the Bond Bill would be approved during the next
meeting on June 15, with bonds to be sold in September.
Mediacom: As information only, Mr. Shea advised that
during recent negotiations with Mediacom, the County Attorney obtained an
agreement to provide a $2,000 donation to be used for telecommunications
broadcast improvements. This donation
was deposited in the account housing a donation also received from Comcast
Cablevision.
Mr.
Sarbanes expressed his concerns regarding a potential increase in cable service
fees by Comcast and asked Council to consider sending a letter to Comcast
requesting them to reconsider this action. Mr. Dodd motioned to authorize the
letter to Comcast; the motion was unanimously carried.
Emergency
Services Request: Emergency Services is anticipating receiving $644,876 in
grant monies very soon and is asking Council’s approval to use the funds for
its in-building coverage project for its 800 Mhz radio system. This would cost
$266,090. Mr. Long motioned to approve
the request. During Council discussion, questions were raised as to the wisdom
of investing further in an analog system, as compared to digital. There was no second to the motion and a
decision was deferred until more information could be obtained.
Purchase
of Tax Sale Properties: The County
Attorney has received an offer to purchase two properties located on W. Main
Street, Salisbury, remaining from the prior County tax sale. One parcel has a County tax lien, while both
parcels have City liens. Assuming that
all parties agree that the purchase price would be first applied to tax liens
and then to the remaining liens, Mr. Shea asked for Council’s decision. The County Attorney suggested that Council
approve the offer in concept only, until mutual agreement is obtained from the
City of Salisbury. On motion of Mrs.
Bartkovich and a second by Mrs. Prettyman, Council unanimously approved the
purchase offer in concept, subject to the City’s agreement of the terms.
Appropriation
Request: The Administrative Director has
received an appropriation request of $500 for fiscal year 1004-2005 from the
Commission on Aging. Following a brief
discussion, Council chose to defer a decision until July.
Appointments
– Wor-Wic Community College Local Advisory Council: Council is advised that there are two
vacancies on the Local Advisory Council. Members are requesting nominations
from the County Council. After
discussion, Council chose to publicly advertise the vacancies.
COUNTY
ATTORNEY – PUBLIC HEARING
Edgar
A. Baker, Jr., County Attorney, conducted the following public hearing:
Notice
is hereby given, in compliance with Section 22-2(G) of the Wicomico County
Code, that the Wicomico County Council will hear public comment of the proposed
resolution to purchase from Charsam, Inc., Trustee, all those lots, tracts or
parcels of land lying and being in the Nutters Election District of Wicomico
County, Maryland, located on the northerly and southerly sides of Fooks School
road, and being more particularly shown and described as Parcels 38, 39A, 40,
40A and 40B on plat entitled “Charsam Inc. Parcels, Salisbury-Wicomico County
Regional Airport” prepared by Delta Airport Consultants, Inc., dated November
2000.
The
above-described property is to be acquired by Wicomico County for the sum of
$196,000.00 (appraised price). The
property is being purchased for the purpose of maintaining the required runway
protection and safety zones as required by the Federal Aviation Administration.
Mr.
Baker prefaced public comments by advising the County does not yet have formal
acceptance from the Seller, but suggested that Council receive public comments
today and approve the purchase price, with the contingency that if the offer is
not accepted, the County Attorney is authorized to proceed with condemnation
within the next two weeks in order to preserve FAA grant funding for the
acquisition.
Mr.
Kenneth Holland asked who owned the property; Mr. Baker responded that Charsam,
Inc. is the owner, a Trust formed by Mr. Sam Goldman. Mr. Baker added that the property in question
is vacant land.
Mrs.
Prettyman questioned holding the public hearing without acceptance of the
purchase price and the possibility of beginning condemnation proceedings. Mr.
Baker explained that he anticipates acceptance of the offer and due to
stringent time constraints, asked Council to complete the public hearing with
the contingency of acceptance. In
addition, Robert L. Bryant, Airport Manager, shared a brief history, confirming
that because the Federal Aviation Administration requires this acquisition, the
process must move forward within the required timeline. With comments concluded, Mr. Long motioned to
approve the acquisition offer; if refused, Mr. Bryant must come before Council
on June 15 to obtain approval for condemnation proceedings; the motion was
unanimously carried.
FINANCIAL
REPORT
Patricia
Petersen, Director, submitted the Statement of Latest Investment Rates/Balances
for all County Funds, those being: total
General Fund balance of $976,305; Capital Project Fund balance of $28,297,731;
total major non-designated funds, $46,513,919; and total reserve funds of
$4,802,261. Contingency funds used
year-to-date total $101,289.
Mrs.
Petersen reported that Sandy Hill Family Camp, Inc., has met all criteria for
renewal of its Permit to Operate and requested Council’s approval. On motion of Mr. Long and a second by Mr.
Dashiell, Council unanimously approved the request as submitted.
In
addition, Mrs. Petersen advised that the State’s Attorney’s Office has received
unanticipated revenue through the “Do Time” program in the amount of
$9,500. Mr. Ruark is requesting use of
$1,622 for the purchase of a laptop computer.
On motion of Mr. Long and a second by Mrs. Prettyman, Council
unanimously approved the request.
DEPARTMENT
OF PUBLIC WORKS
The
Department’s Director, P. Rai Sharma, submitted the following subdivision plats
for review and comment:
Subdivision: for
Ruark DPW
No. 15-04
Location: Shavox
Road & Hobbs Road
Applicant: Parker
& Associates
Owner: Thomas H. Ruark
Applicant
proposes to subdivide twelve lots from an existing parcel. This leaves a 28.3 acre remnant having a 20.6
acre easement for the set-aside. One lot
will front and have access on Shavox Road, while all other lots will front and
have access on a proposed interior road.
The Department recommends approval by the Planning Commission, subject
to the proposed conditions being met: 1)
the final plat shall comply with subdivision and Forest Conservation
regulations; 2) construction improvements plans shall be submitted for approval
to the Public Works Department and adequate drainage and maintenance easements
must be provided; a Homeowners Association shall be created to maintain the
storm water management facility, drainage and maintenance and forest
conservation easements; 3) a note
referring to the Right to Farm Chapter of the County Code shall be on the final
plat; 4) a 50% set-aside must e established on the remnant by plat and
document; 5) Lots 1 through 3 and 12 shall have denied direct vehicular access
to Shavox Road and Lots 4 through 7 shall have denied direct vehicular
access
to Hobbs Road; 6) the remnant shall have direct vehicular access to Mt. Hermon
Road; 7) additional road right-of way
along Mr. Hermon Road must be dedicated, 30 ft. from center line; 8) no
additional lots may be subdivided from the remnant unless access is provided to
the proposed interior street(s); 9) this
property is partially located within the Horizontal and Approach Surfaces of
the Salisbury Ocean City: Wicomico Regional Airport and is subject to the
restrictions thereof; 10) Health Department approval is required. Following review, Council concurred with all
conditions and the recommendation.
Subdivision: East Fields DPW
No. 17-04
Location: Crawford Drive
Applicant: Parker & Associates
Owner: East Fields Development
LLC
The
applicant proposes to subdivide twelve lots from the existing parcel; this
would leave a 7.4 acre remnant, which is proposed to be further developed with
public water and sewer. All lots will
front and have access on proposed interior streets. Public Works recommends approval to the
Planning Commission, with the following conditions: 1) final plat shall comply
with subdivision and Forest Conservation regulations; 2) construction
improvements plans shall be submitted for approval to the Public Works
Department and adequate drainage and maintenance easements must be provided; 3)
Health Department approval is required; 4) a Homeowners Association shall be
created to maintain the storm water management facility, drainage and
maintenance and forest conservation easements; 5) this property is partially
located within the Horizontal Surface of the Salisbury Ocean City: Wicomico
Regional Airport and is subject to the restrictions thereof. Following review, Council concurred with the
recommendation and all conditions.
Mr.
Sharma is requesting Council’s approval to modify Resolution 558, Pipe
Installation Policy, addressing residential entrance standards and
limitations. On a motion by Mr.
Dashiell, Council unanimously approved the request.
The
Wicomico Soil Conservation District is advising that as of July 1, 2004, County
Public Works may no longer issue standard sediment and erosion plans for single
lot development, as has been done in the past to accommodate the public. This is due to increasingly complex
requirements by the Maryland Dept. of the Environment for such permits and
individuals should be referred to the Soil Conservation District office located
at 2322B Goddard Parkway.
Mr.
Sharma concluded his report by providing updates on county road repairs, the
status of traffic light installation at Beaglin Park Drive/Route 50
intersection and advised the traffic study of Pine Bluff Road/Camden Avenue
would be presented in the near future.
COUNTY
ATTORNEY
Nature
Conservancy Bond: Edgar A. Baker, Jr.,
County Attorney, recalled a meeting during 2003 whereby representatives of the
Nature Conservancy came before Council to request a public hearing relative to
issuance of revenue bonds under the auspices of the Colorado Educational and
Cultural Facilities Authority, for the purpose of purchasing approximately 3500
acres of land to add to the Nassawango Creek Preserve. The public hearing was subsequently held,
with no one in attendance. The
Conservancy is now requesting a final approval certificate from Council. Mr. Baker stressed that this is not a County
bond; however, IRS regulations state that any agency issuing revenue bonds to
purchase property in another jurisdiction requires a public hearing. Mr. Sarbanes invited Mr. John Bender,
Maryland-D.C. Chapter, Nature Conservancy, to join the conversation. Mr. Bender responded to Mrs. Bartkovich’s
query, stating that The Nature Conservancy has acquired approximately 1700
acres in Wicomico County. Mrs. Prettyman
asked the Finance Director the amount lost from tax revenue from this
acquisition. Mr. Bender stated that
while the organization would seek tax exemption for the land, there is the
intent to allow hunting on the premises, which would generate some revenue but
which could impact a full State exemption.
The property is comprised of wetland and uplands; currently, the
property is in the lowest assessment.
Mr. Long motioned to give final approval for the Bond, which was
seconded by Mr. Taylor and unanimously carried.
Quit
Claim Deed: Mr. Baker requested
Council’s approval for the execution of a Quit Claim Deed for a portion of
Warren Road, also known as Morris Road which was abandoned by the County many
years ago. The property is being
developed on both sides of the road, thus, the need for a Quit Claim Deed. On motion of Mrs. Prettyman, seconded by Mr.
Taylor, Council approved Mr. Baker’s request by six favorable votes. Mr. Dashiell abstained because of a
professional conflict.
RECREATION,
PARKS & TOURISM
Gary
Mackes, Director, reviewed the following items:
Nanticoke
Harbor: The Federal Government has
approved funding to study, develop plans, specifications and bid documents for
the harbor. The total project cost is
estimated at $350,000 and would require an $85,000 local share. Once design plans and specifications have
been prepared, the dredging and jetty repair costs may reach $1.65 million. In order to obtain the County’s local match
for construction, the department will apply for a State Inland Waterway grant
of approximately $200,000. The study
will take place over the next two years to determine the best course of action.
Cedar
Hill Park: In addition, State Inland
Waterway approved $770,000 to address dredging of Cedar Hill Harbor. The department now needs to obtain a dredge
site; hopefully, dredging could begin this autumn.
Schumaker
Pond: The pier serving Schumaker Pond
has been completely replaced and fully funded by a $15,000 State Inland
Waterway grant.
Civic
Center Catering Kitchen Funding: The
State has approved a funding request of $217,000; an additional $80,000 has
been approved, also. The Department of
General Services is being asked to consider monies already utilized from
Tourism Reserve fund for capital purchases, as a credit; this would hopefully,
reduce the amount to be paid back to the Tourism Reserve Fund to $150,000 –
$200,000 (over 10-15 years).
Civic
Center Financial Status: Mr. Mackes
announced that the Civic Center’s tax appropriation request should be no more
than $90,000, the lowest appropriation since 1980. Taking this into consideration, Mr. Mackes is
requesting a supplement appropriation $9,000 to be used to purchase a truck at
Federal vehicle auction. Mr. Long motioned to approve the request; the motion
was seconded by Mr. Dashiell and received unanimous approval.
Perdue
Stadium: Mr. Mackes reported that Mr.
Steve Yarros is requesting Council’s approval to hold a concert at Perdue
Stadium on August 14th. Mrs.
Prettyman motioned to approve, with the contingency that the date is confirmed
available. Mrs. Bartkovich seconded the
motion, which received unanimous approval.
PUBLIC
COMMENTS
Mr.
Kenneth Holland inquired what is the increased liability insurance for the
catering kitchen at the Civic Center.
Mr. Mackes explained that the kitchen is already installed and is now
being expanded; therefore, any increase is minimal. Mr. Sarbanes and Mr. Mackes thanked Mr.
Holland for his comments and concern; the Civic Center would review its
liability insurance once again.
Mary
Ashanti, President, N.A.A.C.P., made a statement that law enforcement officers
in Sheriff’s Office should receive pay comparable to other agencies of similar
size, however, increased level of pay should be reflected in a higher standard
of conduct and performance of duties. She cited a recent incident; Mr. Sarbanes
encouraged Mrs. Ashanti to discuss this directly with the Sheriff.
COUNCIL
COMMENTS
Mrs.
Prettyman referred to a scheduled June 7th meeting with HUD
officials, stating that due to a scheduling conflict, she would be unavailable
to attend; could the meeting be rescheduled here in Salisbury so that the
entire Council could attend? Mr. Sarbanes stated that finding a mutually
convenient date has been difficult, but staff would reschedule the meeting
locally, so that all interested parties may attend. Mr. Sarbanes also stated that the sole
purpose of the meeting was to respond to a recent request for assistance from
the President of the Housing Authority’s Board of Commissioners. The
Administrative Director responded that efforts would be made to reschedule
sometime in July.
Mrs.
Prettyman also referred to a letter from the Mayor of Salisbury regarding the
fire service agreement, stating she was concerned with the tone of the
letter. Mr. Sarbanes responded that
Council would discuss this in work session today, to plan a meeting between
both governments.
Mr.
Long motioned that Council be authorized to enter into a closed session, in
accordance with Section 10-(508)a of the Annotated Code of Maryland.
The
meeting was then 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