Wicomico County, MD
Council Minutes
June 3, 2003

 

The County Council of Wicomico County, Maryland, met in Executive Session on Tuesday, June 3, 2003, Council Chambers, Government Office Building, Salisbury, Maryland.  In attendance were:  Anthony Sarbanes, 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.  Following the Pledge of Allegiance and Lord’s Prayer, the following Proclamations were presented:

 

Council member Taylor presented a Proclamation declaring Saturday, June 7, 2003, as

Billy Gene Jackson, Sr. Day.  The weekend celebration earmarks the rededication of

North Lake Park to Billy Gene Jackson Park. The festivities are being organized by a

Volunteer Committee and the Proclamation was accepted by Mr. Orville Penn, committee member.

 

Minutes:  On motion of Mrs. Prettyman, Council unanimously approved the Minutes of May 20, 2003.

 

Mr. Renzilo Foxwell was recognized as this year’s recipient of the Friend of Children Award.  Mrs. Prettyman read and presented a Letter of Congratulations from the County Council.  The Friend of Children Award is sponsored by the Local Management Board;  Linda Hardman, Director, and Kathleen Reif presented Mr. Foxwell with a $1,000 cash award, which will be donated to Mr. Foxwell’s favorite charity, Salvation Army West Salisbury Youth Club.

 

ADMINISTRATIVE DIRECTOR

Theodore E. Shea, II, submitted the following items of business:

 

During a recent County auction of surplus items, an abandoned sailboat was sold.  The Department of Recreation and Parks requests $1,000 of auction proceeds be returned to the department.  If approved, the funds will be used for improvements to Cedar Hill Park.

On motion of Mrs. Prettyman, Council unanimously approved the request.

 

Enterprise Zone Designation:  This program, administered by the City of Salisbury, is designed to encourage industries to locate in areas identified as enterprise zones and to reinvest in such properties.  The designation provides both income and property tax benefits for ten years to businesses that meet stringent guidelines and are declared eligible.   The City of Salisbury has concluded that Silverton Marine Corporation qualifies for these benefits and is requesting County Council concurrence.  On motion of Mr. Long, Council unanimously concurred with the Silverton’s eligibility to receive Enterprise Zone benefits.

 

Board of Education Request:  Mr. Shea has been advised that the Board requests an amendment to its current FY 2004 Capital Improvements Program, to accommodate a recent State decision to defer planning approval of certain capital projects in favor of addressing facility needs for full-day kindergartens.

 

The Board wishes to modify its request for Prince Street School by reallocating $67,000 of its $577,000 for A/E/CM fees for needed roof repairs.  In addition, a new request is added to the budget to cover anticipated cost associated with the acquisition and renovation of new property.   Mr. Taylor motioned to approve the request as submitted.

It was then noted that the request must be addressed by a public hearing.  Council then unanimously approved the request, according to meeting the necessary procedures.

 

Renewal of Moratorium:  Mr. Shea announced that the County’s existing moratorium on conversion of single-family dwellings to multi-person housing will expire on June 10, 2003.   If Council chooses to extend the moratorium to allow completion of the Housing Committee’s study, legislation must be introduced.  Mr. Long, who chairs the County’s Housing Committee, reported that the committee submitted two reports to the Planning Commission for review; one report contains recommendations agreed upon by a majority of the members, while the second report reflects recommendations made by the remaining members.  Council is requested to consider extension of the moratorium to allow sufficient time for review by the Planning Commission.  Mrs. Bartkovich asked for a copy of each report.  Action taken by the County Council is reflected in the County Attorney’s portion of the meeting.

 

Adoption of FY 2003-04 Operating Budget:  Mr. Shea announced that the County Council has completed its budget deliberations and is prepared to address the adoption of its expense budget for Fiscal Year 2003-2004.  President Sarbanes called for a motion.

Mr. Dashiell, Vice President read the following motion:

 

“ I hereby motion, by order of the County Council of Wicomico County, Maryland, on this third day of June 2003, that the Operating Budget accounts be allowed and included in the levy for the County’s fiscal year beginning July 1, 2003.  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 four and one-tenths cents ($1.041) 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 sixty and three-tenths cents ($2.603), covering the fiscal period from July 1, 2003 to June 30, 2004, 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 .492%, which includes lost earnings and an administrative charge of 10% of the lost interest amount, is hereby levied on the second 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 property subject to taxation for State purposes, of Thirty-three ($.33) cents to pay State taxes for the fiscal year beginning July 1, 2003.  It is further ordered that a County local income tax withholding rate, as expressed as a percent of the taxpayer’s income, will be 3.10% for the fiscal year beginning July 1, 2003, to further fund herein authorized accounts, along with other revenues as may be duly received.”

 

Mr. Long provided a second to the motion. Council discussion ensued.

 

 Mr. Dashiell expressed support for the proposed budget, acknowledging Council’s commitment to fund the Maintenance of Effort for the Board of Education, pay parity for Sheriff’s Office law enforcement officers volunteer fire and ambulance services County-wide; that Council has imposed only one revenue increase, that being recordation tax; and thanked department heads and County staff for their considerable efforts.

 

Mrs. Prettyman requested and received clarification on the legislative process to increase the recordation tax rate. County staff and the public were thanked for their input in the budget process.  Mrs. Prettyman read a statement voicing Council’s commitment to fund education’s Maintenance of Effort, Wor-Wic Community College, the second year of pay parity for law enforcement officers, and increasing the County’s Contingency and Reserve funds.  Mrs. Prettyman also expressed concern that permanent, structural changes to the budget to effect “fiscally responsible” solutions were not found and considers short-term solutions to long-term problems not acceptable.  This includes increasing payroll, including a 1% salary increase for employees; insufficient support for fire and ambulance services; and the proposed revenue enhancement via an increased recordation tax rate; therefore, she could not support the proposed budget.

 

Mr. Taylor stated that he would support adoption of the budget that includes successfully funding the Maintenance of Effort and thanked County staff and the County Attorney for many hours of work.

 

Mr. Dodd shared his concerns about adherence to the County’s hiring freeze and the proposed recordation tax increase; and further stated that County could have increased its budget cuts; consequently, he is not comfortable with the proposed budget.

                                                                                    

Mr. Long stated that he is satisfied with the proposed budget, noting that to serve the best interests of the public, compromise is necessary; Council has met Maintenance of Effort for the Board of Education, pay parity for the Sheriff’s Office and support for Wor-Wic Community College.  Mr. Long also expressed regret for the loss of grant funding to various worthy organizations.  Mr. Long also recognized the Administrative Director,

Director of Finance and county staff for their contributions to the budget process.

 

Mrs. Bartkovich stated that in providing funding for education and public safety, she is not completely satisfied with funding provided to volunteer fire companies.  Further, she expressed concern for the agreement with the Salisbury Fire Department, currently being re-negotiated, whereby the County pays a set rate per call when the City Fire Department provides service to County residents within their fire district; this practice is not applied to volunteer fire companies.  Mrs. Bartkovich also expressed strong support for public education and thanked County staff that assisted in the budget process.

 

Mr. Sarbanes wished to thank County staff, adding that Council addressed funding core services, education, public safety and public health, in an effort to support each.  Realizing ongoing difficult fiscal times, Mr. Sarbanes felt that Council did the best they could with the resources available to them.

 

Prior to a vote, Mr. Henry Parker asked to make a few comments.  Mr. Parker acknowledged the difficult decisions Council had to make, due to limited revenue; supported the employees’1% salary increase to help offset increased cost of benefits; and referred to the continuing loss of State funding.   Mr. Ken Holland posed the question of whether county citizens need all of the services that are provided, stating that he would rather have less services and lower taxes at the City, County and State level.

 

With discussion concluded, Mr. Sarbanes called for a voice vote, as follows: 

Mr. Dashiell, yes; Mrs. Prettyman, no; Mr. Taylor, yes; Mr. Dodd, no; Mr. Long, yes; Mrs. Bartkovich, yes; President Sarbanes, yes.  The motion to adopt the FY 2003-2004

Operating Budget was duly carried by five favorable votes and two opposing votes.

 

Jaycees:  Earlier this fiscal year, the Jaycees submitted a request for Council support of the Independence Day fireworks display, in the amount of $2,000.  Council agreed to make a decision after a budget had been struck.  Mr. Shea recalled the request, which is normally funded from the Community Promotions account.  Mrs. Prettyman requested action be deferred until Council is advised of the balance of said account.  Council concurred.

 

Charter Review Committee Vacancy:  Council was advised of the resignation of a Committee member.  After brief discussion and in light of the fact that the Committee is nearing completion of its study, Council agreed that this vacancy would not be filled.

 

Jaycees Request:  Mr. Shea reported that the Community Promotions account has an approximate $3,700 balance; therefore, on motion of Mrs. Prettyman, Council unanimously approved an appropriation of $2,000 to assist the Jaycees with the fireworks display.

 

 Letter of Commendation:  Mr. Shea wished to acknowledge receipt of a letter commending Wicomico County Emergency Services for assistance provided during a ten-alarm fire in Dorchester County. 

 

DEPARTMENT OF FINANCE

Patricia B. Petersen, Director, submitted the following items of business:

 

The Statement of Latest Investment Rates/Balances for all County Funds reflects the following:  total General Fund balance of $454,024; Capital Project Fund, 24,016,043;

Total major non-designated funds, $39,049,480; and total reserve funds of $4,755,513.

                                                                                                                          

Write Off Personal Property Taxes:  Mrs. Petersen explained that proper accounting standards require that the County estimate uncollectible taxes each year and include an allowance in its financial report.  Historically, such uncollected taxes have been written off every five years; Mrs. Petersen recommends this action be taken on a more timely basis, perhaps every two-three years.

Council approval is requested to remove $328,668.54 of corporate personal property taxes and $13,136.57 of personal property taxes.  It should be noted that these write-offs have already been accounted for as bad debt expense in prior years.  This accounting entry would be an adjustment to the allowance, therefore, having minimal impact.  In addition, the Finance Department is requesting approval to write off Estimated Taxes of $196,906.44 (estimated corporate personal property taxes) and $53,362.31 (estimated personal property taxes).  Estimated taxes are based on estimates from the State because the entities did not file tax returns, many times because they were no longer in business and resulting in inflated estimates.  On motion of Mr. Long, Council gave its unanimous approval to the request.

 

Business Permitting Process:  As information only, Mrs. Petersen shared a letter from a local businessman, who rents booths to vendors in a downtown building.  The business owners is asking that both the City and Council consider modifying the current permitting process and the necessity of posting a deposit against assessments. 

 

Rural Legacy Conservation Easement:  Council is requested to approve a Memorandum of Understanding whereby an easement in the amount of $87,689.87 would be accepted.

This easement amount will exceed the Rural Legacy Grant total of $750,000.  To effect disbursement beyond the grant total, Council approval is required.  On motion of Mr. Long, Council unanimously accepted the easement, thus, bringing total disbursements to $779,666.14.

 

COUNTY ATTORNEY

By confirmation of Council, Edgar A. Baker, Jr., County Attorney, called a Legislative Session for the introduction of two Legislative Bills.  Legislative Session was held.  On motion of Mr. Dodd, Council unanimously approved adjournment of Legislative Session.

Legislative action taken is contained within formal Legislative Minutes.

 

 

DEPARTMENT OF PUBLIC WORKS

Rai Sharma, Director, and John Redden, Deputy Director, presented the following items of business:

 

Mr. Redden reviewed the following subdivision plat for review:

Subdivision:                  re-subdivision of White Farm                DPW 12-03

Location:                      Foskey Lane & Bi-State Blvd.

Applicant:                     Dennis & Baumgartner

Owner:                         Robert & Margaret White

 

Applicant proposes to subdivide a 1.3 acre lot from a 10 acre parcel.  The remnant is not being approved as a buildable lot.  The proposed lost will front on both Foskey Lane and Bi-State Boulevard, with access limited to Bi-State Boulevard. The Department of Public Works recommends approval of this subdivision by the Planning Commission, subject to the following conditions:  1) the final plat shall comply with the subdivision regulations;

2) Health Department approval is required;  3) this subdivision shall comply with Forest Conservation regulations; and 4) direct vehicular access to Foskey Lane shall be denied to Lot 3.   Following review, Council concurred with all conditions and the recommendation.

 

Roads to be Taken into County System:  Mr. Sharma reported that roads in Steeplechase, Section 3 have been constructed and meet all County criteria; therefore, it is recommended to accept Trotters Run, Preakness Way and Kempton Court into the County system for maintenance.  On motion of Mr. Dashiell, Council unanimously approved the recommendation.

 

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Recycling:  Mr. Sharma announced that the Newland Park Landfill would sponsor a Hazardous Waste/E-Recycling Day on August 23, 2003 to provide citizens an opportunity to safely dispose of hazardous materials and electronic equipment through this recycling program. 

 

At Mr. Sharma’s request, Mr. Dashiell motioned to adjourn Executive Session and convene as the Urban Services Commission.  Council unanimously approved the motion.

Mr. Sharma submitted two requests for sewer bill adjustments, as follows:

 

1.                  Mr. Russell Banks requests an adjustment for the billing period of Jan. 1, 2003 to March 31, 2003, due to a humidifier leak which flooded his home and therefore, never entered the sewer system.  Mr. Sharma recommends an adjustment of $84.36.  On motion of Mr. Taylor, Council unanimously approved the request and Mr. Sharma’s recommendation.

 

2.                  Mr. Kevin Mooney requests and adjustment to his sewer bill for the period of

January 1st through March 31, 2003.  Due to a leak in an underground pipe,

Mr. Sharma recommends and adjustment of $177.60.  On motion of

Mr. Dashiell, Council unanimously approved Mr. Sharma’s recommendation for a refund.

 

On motion of Mr. Long, Council unanimously approved adjourning Urban Services Commission and reconvening Executive Session.

                                                                                                                                   

In conclusion, Mr. Sharma stated that Delegate Rudolph Cane has advised him of a planned visit by State officials to tour local recycling programs.

                                                                                                                       

PLANNING, ZONING & COMMUNITY DEVELOPMENT

 

Lori Carter, Deputy Director and John Lenox, Director, came before Council to conduct two public hearings for Small Cities Community Development Block Grant applicants.

The program is funded by the Federal government and passed through State agencies. 

Applicants have met program criteria and are being brought before Council for review and to establish priority projects.

 

Department of Planning, Zoning & Community Development proposes to apply for additional housing rehabilitation funding to renovate approximately 25 homes, as well as hire a Housing Specialist, who would coordinate housing related activities. Wicomico County has participated in the Housing Rehabilitation Program since 1981and during that time, more than 300 households have been served.  The grant request is $350,000.  On motion of Mr. Long, Council unanimously adopted a resolution of support for the grant request.

 

Public Hearings: 

Village of Hope, Inc. – the applicant proposes to renovate and expand its medical clinic to increase the number of patients served to 1600.  The CDBG grant application requests $200,000 to fund the project.  Mr. William Schaule and Dr. Judith Sensenbrenner provided an overview of the project.  There were no public comments.  On motion of Mr. Dodd, Council unanimously supported the grant application.

 

Homes of America, Inc. – the applicant proposes to construct a community center to serve the residents of Homes at Foxfield, located at West Zion Road and Hartford Road.  This rental housing community would provide affordable housing for low and moderate income households.  The Agency is requesting a grant of $150,000 to build the community center.    Ms. Trudy McFall explained to Council that the agency brings a local contribution in the form of a PILOT (payment-in-lieu-of-taxes) agreement with the City of Salisbury.  In addition, the City of Salisbury is not eligible for CDBG grant funds this year; therefore, the grant application is being submitted through Wicomico County. 

 

                                                                                                                       

In response to some of Council’s questions, Ms. McFall explained that:  this apartment complex will offer housing to families and/or individuals whose incomes fall well within the parameters set by CDBG; this is not a subsidized housing project, with limitations on the “high end” occupancy scale and comprised of fourteen buildings with each unit having a private entrance. Homes for America, Inc. has a similar housing complex in the Cambridge area for senior citizens.  In addition, Ms. Carter responded to concern expressed about another rental community in Salisbury, stating that while home ownership is a choice, this project could also be considered an opportunity to build toward home ownership.  It was also confirmed that full time college students are not eligible for this project.  Ms. McFall also addressed concerns about the possible sale of such a project in the future, stating that this is impossible under this Federal program; the program is highly regulated with a long term commitment.

 

On motion of Ms. Prettyman, Council unanimously approved a Resolution of Support.

 

 Public Hearing:  Ms. Carter announced a second public hearing to review the project performance of all grants that are still outstanding with the CDBG Program, those being:

 

Deaf Independent Living Association, Project No. MD-01-CD-33: Howard Leonard, Executive Director, reported that because of funding received during FY 2001-2002,

DILA has been able to serve more clients and their families in its new facility, which is the sole source of services and programs in the lower shore area.  Mr. Leonard emphasized that had it not been for this program, to meet State funding requirements, the project would not have been possible.

 

Wicomico County Housing Rehabilitation Program, Project No. MD-01-CD-27: 

Ms. Carter reported that during FY 2000-2001, the county received $215,000; with that amount, twenty-five homes were rehabilitated, representing 61 beneficiaries.  The average cost per household totaled $3,525; the average cost per unit was $8,600.                                               

Statistically, households served were: five white; twenty black; 13 female; and 7 over the age of 65.   There were no public comments and the public hearing was concluded.

 

 

DEPT. OF HUMAN RESOURCES

 

Edward V. Cox, Director, advised Council that the HMO Delmarva Health Plan will no longer be an option for the next contract period and will be replaced by a new option named Exclusive Provider Organization.  CAREFIRST has decided to combine its HMOs into one, a metropolitan HMO near Baltimore/Washington.  However, the restructured HMO has very few health providers in our local area.  At the request of the County, CAREFIRST has offered EPO, which will improve care services since it resembles the Preferred Provider Organization.  Mr. Cox is recommending that the County accept the EPO; upon notification of our approval, CAREFIRST will provide the new rate structure.

Mrs. Bartkovich questioned the difference between contract year and calendar year and whether existing users would lose accrued deductibles under the new plan; Mr. Cox replied that the contract year begins September and based on a twelve-month contract period; specifics regarding coverage and deductibles will be more fully explained in the new contract.   On motion of Mr. Dashiell, Council accepted CAREFIRST’s Exclusive

Provide Organization option for County employees.

 

PUBLIC COMMENTS:  none

 

COUNCIL COMMENTS:      none

 

 

 

 

 

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With business concluded, 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

 

 

 

 

 

 

                                                                                                                       

                                                                                                                       

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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